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HomeMy WebLinkAbout00 2023-02-16 CC Meeting Agenda Packet CITY 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, February 16, 2023 2:30 p.m. Study Session 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, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 3:30 P.M. CLOSED SESSION 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 this agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A. Closed Session Meeting Minutes: January 26, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 45656 Mountain View Avenue, APN 627-351-024 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Fidelis Advisors Maureen Gage/Stephen Yinger Under Negotiation: Price and Terms C. 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 Harnik INSPIRATION: Mayor Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION - MALCOLM DAVID MACFARLANE DAY AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 CITY MANAGER COMMENTS A. PALM DESERT UNIVERSITY UPDATE B. PALM DESERT AQUATIC CENTER HOURS AND OPERATIONS UPDATE MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may 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 January 26, 2023. C. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of November 26, 2022, through February 2, 2023. D. ADOPT RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT AND HOUSING DIVISION RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Finance Department and Housing Division pursuant to California Government Code Section 34090. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 E. REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE PARKING LOT REHABILITATION (PROJECT NO. 819-20) (Housing Authority) RECOMMENDATION: 1. Reject all bids received for the construction of One Quail Place Parking Lot Rehabilitation. 2. Authorize staff to re-advertise for the construction of One Quail Place Parking Lot Rehabilitation. F. AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC., OF LA QUINTA, CALIFORNIA, FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937-23) RECOMMENDATION: 1. Award Contract No. C44690 to Urban Habitat, Inc., of La Quinta, California, for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2. Authorize the Director of Finance to set aside a contingency in the amount of $55,000 for unforeseen conditions. 3. Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614-4337001. 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the agreement. G. AWARD CONTRACT NO. C44570 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF PALM DESERT, CALIFORNIA, FOR THE WHITE STONE LANE STREET IMPROVEMENTS IN THE AMOUNT OF $535,122 (PROJECT NO. 512-21) RECOMMENDATION: 1. Award Contract No. C44570, including Additive Bid Item #1, to Jacobsson Engineering Construction, Inc., of Palm Desert, California, for the White Stone Lane Street Improvements in the amount of $535,122. 2. Authorize the Director of Finance to set aside a contingency in the amount of $53,500 for unforeseen conditions. 3. Authorize the City Manager to review and approve written requests for the use of the contingency amount. 4. Authorize the City Manager to execute the agreement. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 H. APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC, INC., IN THE AMOUNT OF $44,375 FOR LAND DEVELOPMENT, BUILDING, AND PLANNING WORKFLOW DEVELOPMENT, AND TRAKIT IMPLEMENTATION RECOMMENDATION: 1. Approve a contract amendment between HR Green Pacific, Inc., and the City of Palm Desert in the amount of $44,375 for land development, building, and planning workflow development, and TrakIT implementation. 2. Authorize the City Manager or designee to execute Contract Amendment No. 3. I. AWARD A CONTRACT TO ESCRIBE SOFTWARE LTD FOR AGENDA MANAGEMENT SOFTWARE RECOMMENDATION: 1. Award a three-year subscription agreement, with an option to extend the agreement for an additional two-year term, to eScribe Software LTD for agenda management software. 2. Authorize the City Manager to execute said agreement. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. ADOPT RESOLUTIONS APPROVING 2022/23 MID-YEAR BUDGET ADJUSTMENTS AND REVISED STAFF ALLOCATION SCHEDULE RECOMMENDATION: 1. Adopt a Resolution approving mid-year budget adjustments for the Fiscal Year ending June 30, 2023. 2. Adopt Resolution approving revised staff allocation schedule for the Fiscal Year ending June 30, 2023. B. INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES RECOMMENDATION: Waive further reading and introduce an ordinance amending the Palm Desert Municipal Code to update, clarify, and codify bylaws and general provisions for the City’s boards, commissions, committees, and task forces. C. INTRODUCTION OF AN ORDINANCE REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO CULTURAL ARTS COMMITTEE RECOMMENDATION: Waive further reading and introduce an Ordinance revising Chapter 2.68 of the Palm Desert Municipal Code relative to the Cultural Arts Committee. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 D. APPROVE A COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE FOR FIRE STATION 102 RECOMMENDATION: 1. Approve a cooperative agreement with the County of Riverside to provide capital for fire station construction and a staffing cost share for Fire Station 102. 2. Authorize the City Manager to execute the cooperative agreement. E. AWARD CONTRACTS TO MULTIPLE VENDORS FOR CONSTRUCTION MANAGEMENT SERVICES OF PUBLIC WORK PROJECTS FOR AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 RECOMMENDATION: 1. Award contracts to Anser Advisory Management, LLC., of Santa Ana, California, and MARRS Services, Inc., of Fullerton, California, for construction management services of Public Works projects for a term of two years (2) years with the option to renew for no more than three (3) additional one-year terms in a combined aggregate amount between both vendors, not to exceed $11,739,394. 2. Authorize the City Manager to execute said agreements and subsequent task orders. 3. Direct the City Attorney, Director of Finance, and Director of Public Works to review annual expenditures and performance of the vendors under said Agreements. F. AWARD A PROFESSIONAL SERVICES AGREEMENT TO KIMLEY-HORN AND ASSOCIATES IN THE AMOUNT OF $496,464 FOR A RAIL STATION FEASIBILITY STUDY RECOMMENDATION: 1. Award a professional services agreement to Kimley-Horn and Associates, of Indian Wells, California, for a rail station feasibility study in the amount of $496,464 for a term of one-year with an option to renew one (1) additional one-year period based on satisfactory performance. 2. Authorize the City Manager or designee to review and approve written amendment requests in an amount not to exceed $49,646. 3. Authorize the City Manager or designee to execute and renew the agreement and any documents necessary to effectuate the actions taken herewith. G. RESCIND RESOLUTION NO. 2018-89 AND ADOPT A RESOLUTION REVISING TAXATION RATES FOR CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF PALM DESERT RECOMMENDATION: Rescind Resolution No. 2018-89 and adopt a Resolution revising tax rates for cannabis businesses operating within the City of Palm Desert. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 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. RECEIVE PUBLIC COMMENTS REGARDING THE DEVELOPMENT OF THE FIVE- YEAR CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS PLAN YEAR 2023-2028, INCLUDING PROGRAM YEAR 2023-2024 ANNUAL ACTION PLAN AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECOMMENDATION: Open the public hearing and receive comments regarding the development of the Five-Year Consolidated Plan and Analysis of Impediments Plan Year 2023-2028, including Program Year 2023-2024 Annual Action Plan and the Community Development Block Grant (CDBG) Program. AGENDA Thursday, February 16, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 8 THREE OPTIONS FOR PARTICIPATING IN THE MEETING If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA 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: 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: 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. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. ___________________________________________________________________________ PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, 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 Whereas, Malcolm David MacFarlane has regularly volunteered full-time for the Citizens on Patrol (COPs) program for more than a decade, assuming duties as Lieutenant in 2018; and Whereas, he has developed the operational plan for all major events, coordinating the services of other volunteers and assuring smooth implementation with his presence; and Whereas, he has exemplified a strong sense of volunteerism, civic pride and commitment to bettering the community; and Whereas, these efforts and qualities have inspired the service of others and been key to the effectiveness of the COPs program. Now, Therefore, I, Kathleen Kelly, Mayor of the City of Palm Desert, California, along with the entire City Council, do hereby proclaim Thursday, February 16, 2023, as Malcolm David MacFarlane Day in the City of Palm Desert, and declare our appreciation for his dedicated service to our community. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California, to be affixed this 16th day of February 2023 Item 0A-1 [This Page Intentionally Left Blank] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 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 [This Page Intentionally Left Blank] Thursday, January 26, 2023 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 Kelly on Thursday, January 26, 2023, 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 Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Nestande led the Pledge of Allegiance. INSPIRATION/INVOCATION: Councilmember Trubee offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated that direction was given by the City Council; no reportable actions were taken. PRESENTATIONS: None. CITY MANAGER'S COMMENTS: A.UPDATE ON HHOPE TEAM AND SOCIAL SERVICES Assistant City Manager Escobedo provided an update on the City of Palm Desert’s partnership with the County of Riverside; recent changes to the staffing model for Homeless/Housing Opportunities Partnership Education (HHOPE); and the hiring of a Social Services Coordinator. Item 1B-1 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: Councilmember Harnik highlighted the Homeless Resource Guide; reported on her attendance at various meetings and the National Association of Regional Councils (NARC) conference in Washington DC. Mayor Kelly noted the observance of Holocaust Remembrance Day and invited the community to join her and other local representatives at the event. NON­AGENDA PUBLIC COMMENTS: Deborah McGarrey, representing Southern California Gas Company, explained that customers should expect significant increases in their winter bills, noting a variety of factors contributed to increased costs to purchase natural gas. Joe Scarna, Palm Desert resident, recognized the sheriff’s department and volunteers for their assistance with the recent Homelessness Point-in-Time count, and expressed his dissatisfaction with his recent natural gas bill. 1.CONSENT CALENDAR: MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar as presented. A.APPROVE 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 January 12, 2023. B.APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve warrants issued for the period of November 15, 2022, through January 13, 2023. C.APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSES FOR OCEANA RESTAURANT, 77932 COUNTRY CLUB DRIVE, UNIT 2­4 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the Alcoholic Beverage License application. Item 1B-2 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES D.RECEIVE AND FILE A REPORT REGARDING THE CITY OF PALM DESERT’S ENROLLMENT WITH THE GREATER COACHELLA VALLEY CHAMBER OF COMMERCE AND THE RANCHO MIRAGE CHAMBER OF COMMERCE MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file an information report for the City’s enrollment as a member to the Greater Coachella Valley Chamber of Commerce and the Rancho Mirage Chamber of Commerce. E.AUTHORIZE THE RELEASE OF MAINTENANCE SECURITY IN THE AMOUNT OF $2,882 FOR LA QUINTA BREWING COMPANY MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to authorize the release of maintenance security in the amount of $2,882 for the La Quinta Brewing Company. F.ACCEPT CONTRACT NO. C37960E WITH R DEPENDABLE CONSTRUCTION, INC., OF SAN BERNARDINO, CALIFORNIA, FOR THE CITY COUNCIL CHAMBER RENOVATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 765­19) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Accept Contract No. C37960E with R Dependable Construction, Inc., of San Bernardino, California, for the City Council Chamber Renovation Project as complete. 2.Authorize the City Clerk to file a Notice of Completion. G.RECEIVE AND FILE THE ANNUAL LOW­ AND MODERATE­INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341 (Housing Authority) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to receive and file the annual Low- and Moderate-Income Housing Asset Fund report relative to SB 341 for the 2021/2022 fiscal year. H.APPROVE SPONSORSHIP AGREEMENT NO. C44720 FOR THE 2023 DESERT X EXHIBITION IN THE AMOUNT OF $25,000 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Approve sponsorship in the amount of $25,000 with The Desert Biennial for its 2023 Desert X Exhibition to be held March 4 – May 7, 2023. 2.Authorize staff to finalize negotiations of the Sponsorship Agreement No. C44720with The Desert Biennial. 3.Authorize the City Manager to execute same, subject to the satisfaction of the City Attorney. 4.Waive all permit and inspection fees associated with Desert X. Item 1B-3 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. AWARD CONTRACT NO. C44660 TO MARKS ARCHITECTS, INC., IN THE AMOUNT OF $1,142,400 FOR ENGINEERING AND DESIGN SERVICES FOR THE PARKVIEW OFFICE COMPLEX (PROJECT NO. 726­17) Economic Development Director Ceja and Management Analyst Swartz narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Award Contract No. C44660 to Marks Architects, Inc., in the amount of $1,142,400 for architectural design and structural engineering services for the Parkview Office Complex. 2. Authorize the Director of Finance to set aside a contingency amount of $150,000 for unforeseen work and future tenant improvement design services. 3. Authorize the City Manager or designee to review and approve written contract amendments up to the contingency amount. 4. Authorize the Mayor to execute the agreement and any documents necessary to effectuate the actions taken herewith. 5. Direct staff to work with the City’s Economic Development Subcommittee on the exterior conceptual designs. B. AWARD CONTRACT NO. C44730 FOR THE NORTH SPHERE FIRE STATION DESIGN AND BUILDING ASSESSMENT OF FIRE STATION 33 AND 71 TO PBK ARCHITECTS IN THE AMOUNT OF $674,000 (PROJECT NO. 762­23) Public Works Deputy Director Bowman and California Fire Department Chief Beverlin narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to: 1. Award Contract No. C44730 for the North Sphere Fire Station Design and Building Assessment of Fire Stations 33 and 71 to PBK Architects in the amount of $674,000. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $67,400 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 4. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Item 1B-4 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES C. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. C44740 IN THE AMOUNT OF $227,000 WITH PREST­VUKSIC­GREENWOOD ARCHITECTS (PVGA) FOR WORK RELATED TO DISCOVER PALM DESERT, A NEW VISITOR SERVICES CENTER LOCATED AT PALM DESERT CIVIC CENTER Management Analyst Mager narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Professional Services Agreement No. C44740 in the amount of $227,000 with (PVGA) for services related to Discover Palm Desert, a new visitor service center, including, but not limited to, preparation of construction drawings and construction administration. 2. Authorize the City Manager or designee to review and approve written contract amendment requests in an amount not to exceed $22,700. 3. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. REQUEST FOR DIRECTION ON A WORK PLAN FOR THE DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY OF THE SURPLUS LAND ACT (Joint Consideration with Successor Agency) Management Analyst Glickman narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to confirm the approval of the work plan for the disposition of properties identified in the City’s Central Inventory of the Surplus Land Act. 3. PUBLIC HEARINGS: A. APPROVE AMENDMENT NO. 2 TO 2020 ANNUAL ACTION PLAN – COMMUNITY DEVELOPMENT BLOCK GRANT Senior Management Analyst Muir presented the staff report. Mayor Kelly opened and closed the public hearing, there being no member of the public wishing to speak. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Approve Amendment No. 2 to 2020 Annual Action Plan – Community Development Block Grant. 3. Approve the budget amendment to Fiscal Year 2020-2021 Community Development Block Grant. Item 1B-5 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. CONSIDERATION OF AN APPEAL OF A DECISION OF THE PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), APPROVING A PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR A 394­ UNIT MULTIFAMILY PROJECT DEVELOPMENT ON AN 18.31­ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE (APNs 620­400­030 AND 620­400­031) 394 UNIT PROJECT Mayor Kelly opened the public hearing. Principal Planner Nick Melloni narrated a PowerPoint presentation. Don Mess, Appellant, read a written statement and urged the City Council to require the preparation of an Environmental Impact Report (EIR), opining that the project will result in negative impacts on surrounding residents. A copy of Mr. Mess’ written statement is on file with the City Clerk. Cody Dietrich, Applicant, summarized the proposed project and requested that the City Council approved the project as presented, explaining that the City's consultants have determined that a Mitigated Negative Declaration is appropriate for the project. The following individuals spoke in support of upholding the appeal and requiring an Environmental Impact Report for the proposed project: • Glenn Luther • Steve Blank • Cindy Rankowite • Mark Shabashaw • Edith Taylor • Jeff Cameron Don Mess, reiterated his request to require an Environmental Impact Report for the proposed project. Cody Dietrich, displayed images depicting potential visual impacts on the surrounding residents, noting that applicant has rearranged the project orientation to reduce visual impacts and created a scenic view corridor. A copy of these images was included in the staff report on file with the City Clerk. Principal Planner Melloni summarized his closing remarks to the City Council and responded to City Council inquiries. Mayor Kelly closed the public hearing, there being no one else wishing to speak. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Conduct the public hearing and receive public testimony. 2. Adopt a Resolution denying the appeal and confirming the Planning Commission’s approval of Precise Plan/Conditional Use Permit/Environmental Assessment 22- 0006, and thereby approving the development of a 394-unit multifamily apartment development at the southwest corner of Frank Sinatra Drive and Portola Avenue. Item 1B-6 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 6:36 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-7 CC, SARDA, & HA Meeting Minutes January 26, 2023 City of Palm Desert Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Item 1B-8 Item 1C-1 Item 1C-2 Item 1C-3 Item 1C-4 Item 1C-5 Item 1C-6 Item 1C-7 Item 1C-8 Item 1C-9 Item 1C-10 Item 1C-11 Item 1C-12 Item 1C-13 Item 1C-14 Item 1C-15 Item 1C-16 Item 1C-17 Item 1C-18 Item 1C-19 Item 1C-20 Item 1C-21 Item 1C-22 Item 1C-23 Item 1C-24 Item 1C-25 [This Page Intentionally Left Blank] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Sarah Castro, Administrative Assistant REQUEST: ADOPT RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS FROM THE FINANCE DEPARTMENT AND HOUSING DIVISION RECOMMENDATION: Adopt a Resolution authorizing the destruction of obsolete records from the Finance Department and Housing Division pursuant to California Government Code Section 34090. BACKGROUND/ANALYSIS: Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval by the City Council. The City’s records retention program, adopted on December 15, 2022, by Resolution No. 2022-98, established retention periods for all City records and provides for the systematic destruction of obsolete records. In accordance with the Retention Program, attached is Exhibit “A” the Records Destruction Certificate, which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records. FINANCIAL IMPACT: Destroying obsolete records reduces the cost associated with offsite document storage and records management. REVIEWED BY: Department Director: Veronica Chavez City Clerk: Anthony Mejia Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution 2. Records Destruction Certificate – Exhibit “A” Item 1D-1 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER AND ELECTRONIC RECORDS FROM THE FINANCE DEPARTMENT AND HOUSING DIVISION, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15, 2022). RECORDS FROM 1995-2016 AND 2012-2016 (EXHIBIT A) WHEREAS, the Finance Department and Housing Division of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter. Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period. Section 3. That the Rejected Loan Applications for the Housing Division from 2012 to 2016 and the Payroll Reports from 1995 to 2016 from the Finance Department have exceeded their retention period (Exhibit “A”). Both paper and digital records will be destroyed. ADOPTED ON FEBRUARY 16, 2023. ____________________________ KATHLEEN KELLY MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1D-2 Resolution No. 2023- Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on February 16, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _______________________. ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1D-3 Citywide Records Management Policy Resolution No. 2022-98 EXHIBIT A Request to Destroy Obsolete Records CITY OF PALM DESERT AUTHORITY TO DESTROY OBSOLETE RECORDS I consent to the destruction of these obsolete records according to accepted policies and procedures. City Clerk Date City Attorney Date Approved by City Council: February 16, 2023 Original: City Clerk’s Office Copy: Department Dept. Retention No. Description of Record Years Covered Retention Period Shred or Discard Housing HS-019 Loan application rejections 2012- 2016 5 years Shred/ Destroy electronic files from housing folder Finance FN-036 Payroll reports 1995- 2016 5 years Shred/ Destroy electronic Laserfiche files Item 1D-4 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Jessica Gonzales, Housing Manager Chris Gerry, Project Manager REQUEST: REJECT ALL BIDS SUBMITTED FOR CONSTRUCTION OF ONE QUAIL PLACE PARKING LOT REHABILITATION (PROJECT NO. 819-20) RECOMMENDATION: 1. Reject all bids received for the construction of One Quail Place Parking Lot Rehabilitation. 2. Authorize staff to re-advertise for the construction of One Quail Place Parking Lot Rehabilitation. BACKGROUND/ANALYSIS: The Palm Desert Housing Authority (Authority) advertised the Project on December 16, 2022. The Notice Inviting Bids requested sealed bids for the construction of the One Quail Place Parking Lot Rehabilitation (the “Project”). Staff received six bids by the deadline of January 20, 2023. Upon receipt and review of the bids staff discovered that the contractor submitting the lowest bid did not submit its bid guarantee (bond) in original hardcopy to the City Clerk prior to the specified date and time for the bid opening. It has been the Authority’s practice to require bidders to submit an original hardcopy of the bid guarantee (bond) to the City Clerk prior to the specified date and time for the bid opening. However, conflicting language exists in the bidding instructions; specifically, whether a hardcopy submission of the bond is required prior to bid opening. Since conflicting language exists regarding bond submission, awarding the Project to the bidder submitting the lowest bid could potentially be challenged by the other bidders because the low bidder did not submit a hardcopy of its bid bond. At the same time, rejecting the low bidder’s bid could lead to a potential challenge from the low bidder because of the conflicting language. To help mitigate these risks and in consultation with legal counsel, staff recommends that it is in the best interests of the Authority to reject all bids in accordance with Section 3.30.100 of the City of Palm Desert Municipal Code. Staff also recommends re-advertising the Project in the immediate future to avoid delays stemming from possible claims related to the bids. The revised schedule for re-advertising the project includes • Project Advertisement: Week of February 20, 2023 • Bid Opening: Week of March 20, 2023 • Housing Commission Recommendation: April 12, 2023 • Authority Board Consideration: April 13, 2023 Item 1E-1 Palm Desert Housing Authority One Quail Place Parking Lot Rehabilitation Page 2 of 2 Strategic Plan: This request does not apply to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation on February 8, 2023. Upon request, a verbal report will be provided at the Authority Board meeting of February 16, 2023. FINANCIAL IMPACT: There is no direct fiscal impact related to this action. REVIEWED BY: Economic Department Director: Eric Ceja Public Works Department Director: Martin Alvarez City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman Item 1E-2 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Randy Chavez, Community Services Manager Shawn Muir, Senior Management Analyst REQUEST: AWARD CONTRACT NO. C44690 TO URBAN HABITAT, INC. OF LA QUINTA, CALIFORNIA FOR THE PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT IN THE AMOUNT OF $275,978 (PROJECT NO. 937-23) RECOMMENDATION: 1. Award Contract No. C44690 to Urban Habitat, Inc. of La Quinta, California for the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation project in the amount of $275,978. 2. Authorize the Director of Finance to set aside a contingency in the amount of $55,000 for unforeseen conditions. 3. Authorize the Director of Finance to appropriate $60,000 from the Unassigned General Fund Reserves to Account No. 1104614-4337001. 4. Authorize the City Manager or designee to review and approve written requests for the use of contingency per Section 3.30.170 of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS: On June 1, 2016, DR Horton submitted a deposit in lieu of Bond in the amount of $188,232. The funds were earmarked to landscape the median on Portola Avenue between Gerald Ford Drive and Dinah Shore Drive ($151,200) and the median on Dinah Shore Drive west of Portola Avenue ($37,032). Development along Portola Avenue has substantially increased, and Staff determined that the time was appropriate to landscape the Portola Avenue median. The Dinah Shore Drive median will be landscaped once that area is developed. On October 28, 2021, the City Council authorized the City Clerk to advertise a Notice Inviting Bids (NIB) for the construction and design of the Portola Avenue median. In the same meeting, City Council approved the transfer of the Developer Deposit of $188,232 to a Capital Improvement Project Fund. Concurrently, the median on Magnesia Falls Drive, east of Portola Avenue was impacted to accommodate the CV Link project. The work entailed removing plant material, irrigation, and reconfiguring the overall design of the median. However, funding to re-landscape the median was not included in the project. Therefore, staff is requesting an appropriation from unobligated general funds to Account No. 1104614-4337001, R/M Median Landscaping to include the Magnesia Falls median project with the Portola Avenue median project to capitalize on economies of scale for construction. Item 1F-1 City of Palm Desert Award Contract to Urban Habitat, Inc. Page 2 of 3 On January 12, 2023, a Notice Inviting Bids was advertised on OpenGov, the City’s online public bidding platform, and in the Desert Sun, a local newspaper. A Mandatory Pre-Bid Meeting was held on January 23, 2023, with six firms attending, and the following bids were submitted by the bid deadline of January 31, 2023: CONTRACTOR LOCATION TOTAL BASE BID Urban Habitat, Inc. La Quinta, CA $275,978.00 Horizon Landscape, Inc. Coachella, CA $281,896.50 Conserve Landcare Thousand Palms, CA $434,444.00 Southern California Landscape, Inc. Fontana, CA $549,307.00 KorMex Construction, Inc. Ontario, CA $771,323.00 The lowest Base Bid received with contingency for the Portola Avenue and Magnesia Falls Drive median is as follows: LOCATION BASE BID CONTINGENCY TOTAL Portola Avenue $226,795 $45,000 $271,795 Magnesia Falls Drive $49,183 $10,000 $59,183 Total $275,978 $55,000 $330,978 Staff reviewed all bids and determined that Urban Habitat, Inc., is the lowest responsible bidder. Urban Habitat Inc. is a Southern California-based company with over 10 years of experience that has performed similar sized work such as the San Pablo Phase I landscape and irrigation project. In addition, they have successfully completed similar sized landscape projects for the City of La Quinta and the City of Indio. Therefore, staff recommends awarding said contract to Urban Habitat Inc. If approved, the landscape installation of these two medians will be complete 60-90 days after execution of the said agreement. References: Staff contacted the City of La Quinta and the City of Indio regarding Urban Habitat’s past project performance. Both cities gave a satisfactory review to customer service and project completion. Strategic Plan: Parks & Recreation – Priority 1: “Prepare for the financial requirements of maintaining existing parks to the highest level of service. FINANCIAL IMPACT: The Portola Avenue Median Landscape is included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2022-2023 in Capital Improvement Fund. DR Horton has contributed funding toward their share of this project. Staff is requesting an appropriation from Unassigned General Fund Reserves to Account No. 1104614-4337001, R/M Median Landscaping to include the Magnesia Falls median project and recognize an economy of scale with the Portola Project. Item 1F-2 City of Palm Desert Award Contract to Urban Habitat, Inc. Page 3 of 3 Project Funding by Source: Funding Budget Expense Balance 4004614-4337001 – Capital Improvement (Partially covered by DR Horton deposit) $275,000 1104614-4337001 – R/M Medians (Requires $60,000 Appropriation) $76,000 A42780 – Design $16,000 C44690 – Construction $275,978 C44690 – Contingency $55,000 Totals $351,000 $346,978 $4,022 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 4. Vicinity Maps Item 1F-3 CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. C44690, is made and entered into this 16th day of February 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 Urban Habitat, 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: PORTOLA AVENUE AND MAGENSIA FALLS DRIVE MEDIAN ISLAND LANDSCAPE INSTALLATION PROJECT Project No. 937-23 The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, traffic control, utility connections, and transportation services required for the construction of landscape improvements necessary in accordance with the bid items in the Contractor’s Bid, the Specifications, and other Provisions of the Contract. 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 Sixty (60) 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 Two Hundred Seventy Five Thousand Nine Hundred Seventy Eight Dollars ($275,978.00). 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 Item 1F-4 actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 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. Item 1F-5 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 Item 1F-6 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 Item 1F-7 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. RESERVED. 7. Builder’s Risk Insurance. RESERVED. 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. Item 1F-8 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 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 Item 1F-9 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. 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. Item 1F-10 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. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 1F-11 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 URBAN HABITAT, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number END OF CONTRACT QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1F-12 -1- 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 Urban Habitat, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No.C44690, (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, Urban Habitat, Inc., the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Hundred Seventy Five Thousand Nine Hundred Seventy Eight DOLLARS, ($275,978), 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 Item 1F-13 -2- CONTRACT & BOND FORMS 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: 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] Item 1F-14 -3- 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) Item 1F-15 -4- 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. Item 1F-16 -5- 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 Item 1F-17 -6- 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 February 16, 2023, has awarded to Urban Habitat, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.C44690 (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 January 12, 2023, (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 Two Hundred Seventy Five Thousand Nine Hundred Seventy Eight Dollars, ($275,978) 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 Item 1F-18 -7- CONTRACT & BOND FORMS 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 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 Item 1F-19 -8- 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. Item 1F-20 -9- 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 Item 1F-21 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project RESPONSE DEADLINE: January 31, 2023 at 9:00 am Report Generated: Tuesday, January 31, 2023 Urban Habitat Proposal CONTACT INFORMATION Company: Urban Habitat Email: brett@myurbanhabitat.com Contact: Brett Brennan Address: P.O. Box 1177 La Quinta, CA 92247 Phone: (760) 345-1101 Website: www.MyUrbanHabitat.com Submission Date: Jan 30, 2023 2:10 PM Item 1F-22 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jan 29, 2023 10:53 AM by Brett Brennan QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* Pass 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 937 -23 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. Item 1F-23 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 3 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. 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* Pass 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 the 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. Item 1F-24 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 4 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). I certify that I have read, understood the above statement. Confirmed 3. BID GUARANTEE* Pass 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 * Pass Item 1F-25 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 5 This information will be verified against the California Department of Insurance Website. The Gray Casualty and Surety Company Click to Verify Value will be copied to clipboard 6. DESIGNATION OF SUBCONTRACTORS* Pass Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... Portola_Subs.pdf 7. BIDDER INFORMATION AND EXPERIENCE FORM* Pass Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf 8. NON-COLLUSION DECLARATION* Pass 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, so ught by Item 1F-26 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 6 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 fu ll power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pass 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 subc ontractors’ 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. Item 1F-27 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 7 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* Pass I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability f or 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 11. Enter your valid CA Contractors State License Board (CSLB) number* Pass Please enter your License Number here. This will be verified against the state database 963744 Click to Verify Value will be copied to clipboard 12. Enter your California Department of Industrial Relations (DIR) Registration number* Pass Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000003890 Click to Verify Value will be copied to clipboard 13. Type of Business* Pass Item 1F-28 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 8 S Corporation (if corporation, two signatures are required) 14. Type your Legal Company Name Here* Pass State your Company's Name Here. This will be verified against the California Secretary of State's Website. Urban Habitat Click to Verify Value will be copied to clipboard 15. How many years has Bidder’s organization been in business as a Contractor? * Pass 11.5 16. List the Signatory(s) Authorized to Sign and Bind an Agreement.* Pass (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 Brett Brennan, President/Secretary, 47250 Washington St., Ste. B, La Quinta, CA 92253 Brett@myurbanhabitat.com (760) 345-1101 Item 1F-29 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 9 PRICE TABLES PORTOLA AVENUE MEDIAN Irrigation, Landscape and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 Lump Sum $5,500.00 $5,500.00 2 Traffic Control 1 Lump Sum $7,500.00 $7,500.00 3 Clearing and Grubbing 1 Lump Sum $3,800.00 $3,800.00 4 Landscape Grading Adjustments 1 Lump Sum $4,400.00 $4,400.00 5 Complete irrigation system, including Calsense Controller, Valves, emitters, bubblers, and all ancillary material as indicated on approved landscape plans 1 Lump Sum $39,500.00 $39,500.00 6 Caesalpinia/Cascalote (5 gallon) 28 Each $440.00 $12,320.00 7 Washingtonia filifera/California Fan Palm 14 (10'-14' CTH) 14 Each $1,750.00 $24,500.00 8 Bougainvillea x 'Monka' TM/Oo-La-La Boungainvillea (5 gallon) 102 Each $24.00 $2,448.00 9 Penstemon centranthifolius/Scarlet Bugler (5 gallon) 83 Each $25.00 $2,075.00 10 Russelia equisetiformis/Firecracker Plant (5 gallon) 39 Each $24.00 $936.00 11 Agave desmettiana/Smooth Agave (5 gallon) 192 Each $29.00 $5,568.00 12 Agave parryi truncata/Artichoke Parry's Agave (5 gallon) 181 Each $44.00 $7,964.00 13 Agave weberi/Weber Agave 20 Each $37.00 $740.00 Item 1F-30 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 14 Euphorbia resinifera/Resin Spurge (5 gallon) 146 Each $35.00 $5,110.00 15 Yucca rostrata/Beaked Yucca (15 gallon) 17 Each $150.00 $2,550.00 16 2" Copper Canyon 1,189 SF $2.00 $2,378.00 17 3/4" Copper Canyon 10,676 SF $1.75 $18,683.00 18 Decomposed Granite/Desert Gold 11,769 SF $1.00 $11,769.00 19 Flagstone on Edge, Cameron type (or approved equal by City Engineer), set in mortar per plan 1,200 SF $30.00 $36,000.00 20 Copper Canyon Boulder (4') 26 Each $441.00 $11,466.00 21 Copper Canyon Boulder (3') 48 Each $306.00 $14,688.00 22 Maintenance and Plant Establishment 1 LS $6,900.00 $6,900.00 TOTAL $226,795.00 MAGNESIA FALLS DRIVE MEDIAN Irrigation, Landscape and Material Costs. Line items to include Labor, Material, and Equipment needed to complete the task. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 Lump Sum $2,000.00 $2,000.00 2 Traffic Control 1 Lump Sum $2,500.00 $2,500.00 Item 1F-31 PROPOSAL DOCUMENT REPORT IFB No. 937-23 Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project PROPOSAL DOCUMENT REPORT PUBLIC WORKS - Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project Page 11 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Clearing and Grubbing 1 Lump Sum $1,400.00 $1,400.00 4 Landscape Grading Adjustments 1 Lump sum $1,800.00 $1,800.00 5 Complete irrigation system, including Controller, Valves, emitters, bubblers, and all ancillary material as indicated on approved landscape plans 1 Lump Sum $18,500.00 $18,500.00 6 Washintonia filifera/California Fan Palm 5 (10'-14' CTH) 5 Each $1,750.00 $8,750.00 7 Euphorbia milii/Crown of Thorns15 (5 gallon) 15 Each $25.00 $375.00 8 Russelia equisetiformis/Firecracker Plant (5 gallon) 8 Each $24.00 $192.00 9 Agave parryi truncata/Artichoke Parry's Agave (5 gallon) 28 Each $44.00 $1,232.00 10 Euphorbia resinifera/Resin Spurge (5 gallon) 39 Each $35.00 $1,365.00 11 Yucca rostrata/Beaked Yucca (15 gallon) 5 Each $150.00 $750.00 12 2" Copper Canyon 1,010 SF $2.00 $2,020.00 13 Decomposed Granite/Desert Gold 2,041 SF $1.00 $2,041.00 14 Copper Canyon Boulder (4') 6 Each $441.00 $2,646.00 15 Copper Canyon Boulder (3') 2 Each $306.00 $612.00 16 Maintenance and Plant Establishment 1 LS $3,000.00 $3,000.00 TOTAL $49,183.00 Item 1F-32 GERALD FORD DRGERALD FORD DR RUBENS LNRIVERA CTDA VINCI CTRAPHAEL DRRAPH A E L D R X AVIER CT ZEPPELIN D R DINAHSHOREDR PORTOLA AVE GERALD FORD DRGERALD FORD DR RUBENS LNRIVERA CTDA VINCI CTRAPHAEL DRRAPH A E L D R X AVIER CT ZEPPELIN D R DINAHSHOREDR PORTOLA AVE I +/- 30,150 SQ FT VICINITY MAP +/- 300 SQ FT +/- 300 SQ FT +/- 300 SQ FT Item 1F-33 VIA PUCONPRIVATE RDVIA PUCONPRIVATE ST PRIVATE RD VIA TEMUCOVIA RENECAPRIVATE STPRIVATE RDPRIVATE RD VIA TEMUCO PRIVATE R DPRIVATE ST PRIVATE R D VIA RENECAPRIVATE RDPRIVATE STPRIVATE RDPORTOLA AVEPORTOLA AVEPORTOLA AVEMAGNESIA FALLS DR VIA PUCONPRIVATE RDVIA PUCONPRIVATE ST PRIVATE RD VIA TEMUCOVIA RENECAPRIVATE STPRIVATE RDPRIVATE RD VIA TEMUCO PRIVATE R DPRIVATE ST PRIVATE R D VIA RENECAPRIVATE RDPRIVATE STPRIVATE RDPORTOLA AVEPORTOLA AVEPORTOLA AVEMAGNESIA FALLS DR I +/- 980 SQ FT VICINITY MAP Item 1F-34 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Ryan Gayler, Senior Project Manager REQUEST: AWARD CONTRACT NO. C44570 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF PALM DESERT, CALIFORNIA FOR THE WHITE STONE LANE STREET IMPROVEMENTS IN THE AMOUNT OF $535,122 (PROJECT NO. 512-21) RECOMMENDATION: 1. Award Contract No. C44570, including Additive Bid Item #1, to Jacobsson Engineering Construction, Inc. of Palm Desert, California for the White Stone Lane Street Improvements in the amount of $535,122. 2. Authorize the Director of Finance to set aside a contingency in the amount of $53,500 for unforeseen conditions. 3. Authorize the City Manager to review and approve written requests for the use of the contingency amount. 4. Authorize the City Manager to execute the agreement. BACKGROUND/ANALYSIS: Residents that live on White Stone Lane have expressed concern about access to and from their homes during and after rainfall events. White Stone Lane is a cul-de-sac that was constructed north of Grapevine Lane in the 1960’s. The street has a low spot between Grapevine Lane and the nine houses on the street. During moderate to heavy rains, water pools in the low spot to a depth of about eighteen inches. Drivers must drive off the pavement onto a grass slope to ensure their cars do not get stuck in the water. The project will construct catch basins and detention chambers to divert the storm water underground before it reaches the low spot. The project will also rehabilitate the street section and improve the interface between the drive approaches and the street. The project was advertised for bids, and on January 18, 2023 seven bids were received electronically through the City’s public bid management portal with the following results: CONTRACTOR LOCATION BASE BID AMOUNT Jacobson Engineering Construction, Inc. Palm Desert, CA $532,814.00 I E General Engineering, Inc. Beaumont, CA $549,612.50 Granite Construction Company Indio, CA $727,700.00 Onyx Paving Company, Inc. Anaheim, CA $816,000.00 Vance Corporation Beaumont, CA $908,875.00 Hillcrest Contracting, Inc. Corona, CA $1,067,240.00 Hardy and Harper, Inc. Lake Forest, CA $1,390,560.00 Item 1G-1 City of Palm Desert Award White Stone Lane Contract to Jacobsson Engineering Construction, Inc. Page 2 of 2 Jacobsson Engineering Construction, Inc. submitted the lowest responsive bid. The project was bid with an Additive Bid Item, but the low bidder is determined by the Base Bid only. The apparent low bid has been reviewed and found to be in full compliance with all bid requirements. The references were contacted, and they confirmed that the contractor has successfully completed projects of similar scope recently. Per an agreement (Contract No. C31910) the City has with the Coachella Valley Water District (CVWD), all paving projects include an additive alternate bid item to raise the valves and manholes to the new finished surface on behalf of CVWD. CVWD has the option of accepting the price from the City’s contractor and reimbursing the City for the work or using their own crews to perform the work. CVWD has accepted the price of Additive Bid Item #1 provided by the contractor for the subject alternate bid item, which is $2,308. Therefore, the total contract amount, including the additive bid item to raise the valves and manholes to grade is $535,122. The City will be reimbursed by CVWD for work done on their behalf upon completion of the project. FINANCIAL IMPACT: The White Stone Lane Street Improvement project is included in the approved Capital Improvement Project (CIP) List for Fiscal Year 2022-2023 in the amount of $500,000; therefore, the remaining $88,622 will be deducted from the Street Resurfacing Project as follows: Project Account Funds Budget White Stone Lane Street Improvement Project 2134311-4332000 Measure “A” funds $500,000 Street Resurfacing 2114311-4332000 Gas Tax funds $ 88,622 Total $588,622 The total cost of the project including contingency amounts to the available funding; therefore, there is no additional financial impact to the general fund. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement and Bonds 2. Contractor’s Proposal 3. Vicinity Map Item 1G-2 -1- CONTRACT & BOND FORMS CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), Contract No. C44570, is made and entered into this 16th day of February, 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 Jacobsson Engineering and Construction, 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: WHITE STONE LANE STREET IMPROVEMENTS PROJECT NO. 512-21 CONTRACT NO. C44570 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 60 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 Five Hundred Thirty-five Thousand One Hundred Twenty-Two and no cents Dollars ($535,122.00). 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 Item 1G-3 -2- CONTRACT & BOND FORMS 53069.85, 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. Item 1G-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 Item 1G-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 Item 1G-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. 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 Item 1G-7 -6- CONTRACT & BOND FORMS 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 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, Item 1G-8 -7- CONTRACT & BOND FORMS 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. 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. Item 1G-9 -8- CONTRACT & BOND FORMS 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. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 1G-10 -9- 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 JACOBSSON ENGINEERING AND CONSTRUCTION, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number END OF CONTRACT QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1G-11 -10- 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 Item 1G-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 Jacobsson Engineering Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No. C44570, (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 21, 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, Jacobsson Engineering 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 Five Hundred Thirty-five Thousand One Hundred Twenty-Two and no cents Dollars, ($535,122.00), 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 Item 1G-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] Item 1G-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) Item 1G-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. Item 1G-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 Item 1G-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 February 16, 2023, has awarded to Jacobsson Engineering Construction, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No. C44570 (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 21, 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 Five Hundred Thirty-five Thousand One Hundred Twenty-Two and no cents Dollars ($535,122.00) 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 Item 1G-18 -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 Item 1G-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. Item 1G-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 Item 1G-21 Item No.Description Quantity Units Unit Cost Total 1 Mobilization 1 LS $43,200.00 $43,200.00 2 Traffic Control 1 LS $5,907.00 $5,907.00 3 Clearing and Grubbing 1 LS $49,731.00 $49,731.00 4 Remove Street Section Base and Surfacing - 8" 31000 SF $1.84 $57,040.00 5 Construct HDPE Storm Drain System 1 LS $147,396.00 $147,396.00 6 Construct Catch Basin No. 4 1 EA $6,615.00 $6,615.00 7 Construct Mountable Curb 900 LF $53.00 $47,700.00 8 Construct Concrete Curb and Gutter 225 LF $50.00 $11,250.00 9 Construct Concrete Cross Gutter 225 SF $15.00 $3,375.00 10 Construct Aggregate Base 31000 SF $1.20 $37,200.00 11 Construct Warm-Mix Asphalt Concrete 31000 SF $3.55 $110,050.00 12 Install Thermoplastic Striping 1 LS $2,100.00 $2,100.00 13 Install Grass Sod 4500 SF $2.50 $11,250.00 Total Base Bid $532,814.00 Item No.Description Quantity Units Unit Cost TotalA-1 Lower and raise CVWD valve 2 EA $1,154.00 $2,308.00Total Bid Alternate #1 $2,308.00 White Stone Lane Street Improvements Base Bid Bid Alternate #1 Jacobsson Engineering Construction, Inc. Item 1G-22 Vicinity Map White Stone Lane Street Improvements Item 1G-23 [This Page Intentionally Left Blank] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Richard D. Cannone, AICP, Development Services Director REQUEST: APPROVE A CONTRACT AMENDMENT WITH HR GREEN PACIFIC, INCORPORATED, IN THE AMOUNT OF $44,375 FOR LAND DEVELOPMENT, BUILDING, AND PLANNING WORKFLOW DEVELOPMENT, AND TRAKIT IMPLEMENTATION RECOMMENDATION: 1. Approve a contract amendment between HR Green Pacific, Incorporated (“HR Green) and the City of Palm Desert (“City”) in the amount of $44,375 for land development, building, and planning workflow development, and TrakIT implementation as provided in Attachment 1. 2. Authorize the City Manager or designee to execute Contract Amendment No. 3. BACKGROUND/ANALYSIS: The City is currently under contract with HR Green to provide support services for Development Services. A component of the contract includes Technology Implementation through their subconsultant Holistic System Integration Solutions. Following is the scope of work phase breakdown:  Phase 1: Review and map workflows for land development, building, and planning applications to develop streamlined improvements for customers.  Phase 2: Implement the process improvements identified in Phase 1.  Phase 3: Configure and implement department reviews (land development, planning, and building) in TrakIT, and configure and implement Bluebeam electronic plan review business processes so that permit reviews are better coordinated. Bluebeam allows plan reviewers to review, markup, and comment on the PDF files and documents uploaded by the customer. The timeframe to complete the three (3) phases is approximately three (3) months. Once HR Green completes these phases, staff will develop a series of metrics to gauge how effective our permitting processes are in terms of timeliness and quality of reviews. Additionally, a series of staff guides will be developed to ensure that new staff members can follow the documented processes and procedures. Strategic Plan: Land Use, Housing & Open Space. Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs. FINANCIAL IMPACT: Item 1H-1 City of Palm Desert HR Green Amendment (C41690 Amendment No. 3) – Process Mapping & Implementation Page 2 of 2 Funds are available in account number 1104420-4301000. REVIEWED BY: Department Director: Richard. D Cannone, AICP City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Contact Amendment No. 3 with Scope of Services Item 1H-2 Contract No. C41690 Amendment No. 3 Page 1 of 9 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INCORPORATED 1.Parties and Date. This Amendment No. 3 to the Professional Services Agreement between the City of Palm Desert and HR Green Pacific, Incorporated (“Consultant”) is made and entered into as of this 16th day of February 2023, by and between the City of Palm Desert (“City”) and Consultant, with its principal place of business at 260 Corona Pointe Court, Suite 305, Corona, CA 92879. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement Contract No. C41690 dated July 1, 2021, (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide on-call services for the Public Works and Development Services Departments. 2.2 Amendment. The City and Consultant desire to amend the Agreement to expand the scope of service to include land development, building, planning process mapping, and TrakIT implementation. The Parties have heretofore entered into Amendment No. 1, dated June 14, 2022. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Scope of Services and Term: Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows: 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work, including the preparation of Land Development, Building, and Planning Workflow Development, and TrakIT Implementation, necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached 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. Exhibit A to this agreement is hereby included as part of the scope of services to the original and amended contract. Item 1H-3 Contract No. C41690 Amendment No. 3 Page 2 of 9 3.2 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 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 1H-4 Contract No. C41690 Amendment No. 3 Page 3 of 9 SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC 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 HR Green Pacific, Incorporated By: Its: Vice President Printed Name: George A. Wentz, PE By: Its: Secretary Printed Name: Jason Poppen QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1H-5 Contract No. C41690 Amendment No. 3 Page 4 of 9 “EXHIBIT A” Item 1H-6 Contract No. C41690 Amendment No. 3 Page 5 of 9 Item 1H-7 Contract No. C41690 Amendment No. 3 Page 6 of 9 Item 1H-8 Contract No. C41690 Amendment No. 3 Page 7 of 9 Item 1H-9 Contract No. C41690 Amendment No. 3 Page 8 of 9 Item 1H-10 Contract No. C41690 Amendment No. 3 Page 9 of 9 Item 1H-11 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: AWARD A CONTRACT TO ESCRIBE SOFTWARE LTD FOR AGENDA MANAGEMENT SOFTWARE RECOMMENDATION: 1. Award a three-year subscription agreement, with an option to extend the agreement for an additional two-year term, to eScribe Software LTD for agenda management software. 2. Authorize the City Manager to execute said agreement. BACKGROUND/ANALYSIS: The City has historically relied on a legacy agenda management system and a variety of manual processes to prepare, assemble, post, and distribute City Council meeting agenda packets. In June 2021, the City entered into an agreement for a new agenda management system and after a lengthy implementation process, the contract was terminated due to inadequate service levels and the City temporarily reverted to its manual processes. On November 4, 2022, the City issued a Request for Proposals for agenda management software. Six proposals were received by the due date of December 2, 2022. Proposer Location 1st Year Cost Annual Cost Catalis Allnet Edmonton, AB, CA $ 4,495 $ 3,995 CivicPlus* Manhattan, KS $24,735 $18,081 + 5% annually Diligent* New York, NY $30,075 $25,075 eScribe Software* Markham, Ontario, CA $34,440 $26,755 + 5% annually Granicus* Denver, CO $27,733 $10,296 + hourly captioning PROVOX Systems McKinney, TX $33,950 $28,985 * Invited to demonstrate software After an initial screening evaluation, four proposers were invited to demonstrate their software to a cross-departmental evaluation team consisting of the following individuals: • Randy Bowman, Deputy Director of Public Works • Amy Lawrence, Deputy Director of Economic Development • Anthony Mejia, City Clerk • Nick Melloni, Principal Planner • Niamh Ortega, Assistant City Clerk • Liberty Union, Deputy Director of Finance • Clayton von Helf, Information Technology Manager Item 1I-1 City of Palm Desert Agreement for Agenda Management Software Page 2 of 2 Following the demonstrations, the evaluation team unanimously recommended awarding a contract to eScribe Software LTD for agenda management software. The evaluation team agreed that eScribe meets or exceeds all aspects of the RFP and offers the most comprehensive and modern agenda management software which includes full integration with Microsoft Word, live closed captioning, improved web streaming, and ADA-compliant HTML webpages. FINANCIAL IMPACT: Sufficient funds are available in Account No. 1104190-4362001, Information Technology Software Licenses in FY 2022/23. The agreement includes a provision that future years are subject to budget appropriations. %5 Annual Increase Starting Year 2 Year 1 Year 2 Year 3 Year 4 Year 5 Annual $25,500 $26,775 $28,114 $29,519 $30,995 One-Time $ 8,940 Total $34,400 $26,775 $28,114 $29,519 $30,995 REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. eScribe Subscription Agreement 2. eScribe Proposal Item 1I-2 Item 1I-3 Item 1I-4 Item 1I-5 Item 1I-6 Item 1I-7 Item 1I-8 Item 1I-9 Item 1I-10 Item 1I-11 Item 1I-12 Item 1I-13 Item 1I-14 Item 1I-15 Item 1I-16 Item 1I-17 Item 1I-18 Item 1I-19 Item 1I-20 Item 1I-21 Item 1I-22 Item 1I-23 Item 1I-24 Item 1I-25 Item 1I-26 Item 1I-27 Item 1I-28 Item 1I-29 James Coulen jcoulen@eScribemeetings.com 416-890-9808 Date: December 2, 2022 Valid Until: February 28, 2022 City of Palm Desert - Request for Proposal Agenda Management Software Item 1I-30 Page i eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Table of Contents Table of Contents ......................................................................................................................... i Executive Summary ............................................................................................................................................................................. 1 Introducing eScribe ............................................................................................................................................................................ 3 Who we are ................................................................................................................................................................................................. 3 What we do ................................................................................................................................................................................................. 3 Approach to Meeting Management ................................................................................................................................. 3 Approach to Technology/Security ...................................................................................................................................... 4 Approach to Technology Partnerships .......................................................................................................................... 4 City of Palm Desert Requirements ............................................................................................. 5 Required eScribe Modules ........................................................................................................................................................... 11 Meeting Manager: ........................................................................................................... 11 Report Centre ................................................................................................................... 13 Participant Access ............................................................................................................ 15 Report Manager: .............................................................................................................. 18 Workflows ........................................................................................................................... 20 Internet Publishing: ............................................................................................................ 21 Webcasting Plus: ............................................................................................................... 23 Additional eScribe Webcasting Plus Technical Information ........................................ 27 Vote Manager/Request to Speak: ................................................................................. 28 Board Manager Plus: ........................................................................................................ 32 Public Comments: ............................................................................................................ 33 Public Speaker/Delegation Requests: ............................................................................ 33 References ................................................................................................................................ 34 Implementation and Training .................................................................................................. 35 Project Management .................................................................................................................................................................... 35 Configuration .................................................................................................................... 35 Timelines .................................................................................................................................................................................................... 36 Item 1I-31 Page ii eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Team .............................................................................................................................................................................................................. 40 Training/eScribe Academy ..................................................................................................................................................... 45 Available Courses ............................................................................................................. 45 Unlimited Group Format ................................................................................................... 46 Unlimited Coaching Sessions ........................................................................................... 46 Dedicated Go Live Support ............................................................................................ 46 Monthly How-To Webinars ............................................................................................... 47 Customer Community Portal (CCP) ............................................................................... 47 Detailed Pricing ......................................................................................................................... 50 RFP Response Contact Details ................................................................................................. 51 Appendix A – Azure Infrastructure ............................................................................................. I Appendix B – Sample Migration Scope Document ................................................................ II Appendix C – Sample Subscription Agreement .................................................................... V Appendix D – Policy Documents ............................................................................................ VI Appendix D (i) – Access to Customer Data Policy ........................................................................................... VI Appendix D (ii) – Incident Response Plan ................................................................................................................. VII Appendix D (iii) – Business Continuity & Disaster Recovery Plan ....................................................VIII Item 1I-32 Page 1 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Executive Summary Founded and based in Markham, Ontario, eScribe is a leading provider of cloud-based meeting management solutions that enables its customers to focus on higher -value projects that better serve their stakeholders. Owned by OnBoard, a board management solutions company based in Indianapolis, Indiana, eScribe is the go-to- choice for public sector councils, committees and boards across North America. eScribe supports the entire meeting lifecycle with comprehensive tools and workflows to improve efficiency, transparency and engagement. For organizations that run hybrid or remote meetings, eScribe seamlessly integrates both virtual and physical meeting environments into a single, unified experience. Historically, paperless meeting software has focused on secure distribution and access to the agenda packet in an electronic format (typically PDF). A good first step, but far short of automating the entire lifecycle of traditional council and committee meeting hierarchical structures. eScribe’s comprehensive suite of user configurable and collaborative meeting management modules allows organizations to improve the efficiency and effectiveness of participants and staff; before, during and after meetings. With secure online access via responsive browser or dedicated tablet applications, each user has the ability to access information, and securely participate real-time in the meeting process. Thus, everyone has access to the same information, electronically distributed, and can actively engage in debate and electronic voting on items in line with Roberts Rule of Order. Beyond meeting day, eScribe provides automation efficiencies for staff and a centralized location for organizations of any size to distribute meeting information to internal and external stakeholders through the web, indexed to video and supporting documents as available. Our response addresses each of the requirements as laid out in the request fo r information, including: • Digitally create and manage public meetings for staff, elected officials and public • Improve staff efficiency with automated workflow and approval processes • Reduce late items and changes to agenda items after they have been published Item 1I-33 Page 2 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • Provide an option for Webstreaming of meetings and help produce compliant documents • Efficiently create and distribute paperless agendas to meeting attendees • The potential to Vote and request to speak electronically during meetings The requested functionality aligns with eScribe’s Transparency Plus Bundle which includes the following modules and functionality: • Meeting Manager – Streamlines and automates meeting preparation and post meeting activities, and conducting meetings • Participant Portal – Secure access for board and elected officials • Internet Publishing Plus – Easily engage stakeholders through their existing website, without programming and fully supports evolving accessibility requirements • Report Manager – Revolves around the preparation and approval of reports and items for submission to meetings • Webcasting Plus – Livestream and record, with automatic timestamping, indexed to agendas and minutes This “bundled” approach allows for an efficient implementation and onboarding of staff, accelerating benefits and return on investment. There are no additional subscription fees for the number of meetings conducted, meeting types supported or file storage during the term. Regular software improvements are included and applied automatically in off hours. eScribe provides both live answer and email support, with online trouble ticket tracking and content repository available through our Customer Community Portal outlined in our response. Additionally, eScribe provides extended support, and escalations as required to maintain service level commitments. eScribe will make itself available for any follow-up activities to support this RFP process. Should you have any specific questions about this document please feel free to contact James Coulen at 416-890-9808 or jcoulen@eScribemeetings.com. Item 1I-34 Page 3 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Introducing eScribe Who we are eScribe was founded in 2003 and, since 2008, has been singularly focused on providing comprehensive, simple, and effective meeting management software to municipalities and other types of boards/committees across North America. In that time, we have become the leading provider of such solutions for Canadian municipalities and are steadily growing our presence in the US as well. With over 300 customers live with our intuitive suite of solutions, eScribe is confident in our ability to meet the City’s requirements and to elevate the conducting and management of meetings, accessibility, and citizen engagement. What we do eScribe offers a comprehensive suite of user-friendly, configurable, and collaborative modules which allow organizations to increase efficiency and effectiveness for both staff and participants – before, during, and after the meeting. Secure online access via browsers and tablet applications provides each user access to information and allows them to participate in the meeting process in real time. This way, everyone is on the same page and can access the same information, digitally distributed, and can actively engage in debate and electronic voting on items in line with Roberts Rule of Order. Extending beyond meeting day, eScribe provides automation efficiencies for staff as well as a centralized location for organizations of any size to distribute meeting information to internal and external stakeholders through the web, indexed to video and supporting documents. Approach to Meeting Management Our time-tested and proven approach to meeting management is based on automation, modernization, accessibility, and user-friendliness. With high-quality training and stellar customer service, eScribe seeks to simplify the meeting management life cycle at all stages, for all participants. Accessible by browsers or Item 1I-35 Page 4 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software tablet and smartphone applications, our modules support virtual, hybrid, and in-person meetings in ways that automate the production of agendas, minutes, streamline voting processes, and support streaming. Approach to Technology/Security eScribe is a cloud-based meeting management software that eliminates the need for paper and print-materials by moving all the requirements of meeting management onto a secure, cloud-based storage system, accessible to participants in a variety of formats. Built on the Microsoft Azure cloud platform, detailed in Appendix A, our solutions offer advanced security access and data protection services and guarantees. Approach to Technology Partnerships eScribe has established strategic partnerships with leading solution providers who share our vision, and complement one another to deliver additional benefits before, during, and after meetings. Item 1I-36 Page 5 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software City of Palm Desert Requirements City of Palm Desert Requirements eScribe Response 1. General Requirements a. Hosted/web-based system eScribe is 100% Web-based and is hosted with Microsoft Azure. b. World-class solution for all components listed below eScribe is a full meeting management system that is used by over 350 clients worldwide. c. Data conversion from currently used software (Granicus) eScribe will convert historical data from Granicus and a sample migration scope document has been attached in Appendix B d. A mobile application for users eScribe can be accessed through any internet browser and has an app available for Council on an iPad or Windows 10 device. e. High-quality and rapid system performance eScribe already has high quality and rapid system performance and is consistently making improvements to increase performance. f. Meets and exceeds all ADA accessibility requirements eScribe or any other system cannot fully meet and exceed all ADA requirements as we do not control all the risk factors like attachments from users etc.. eScribe would be comfortable with this statement below: Accessibility Statement. Vendor shall ensure that all HTML web pages made available to the general public conform with World Wide Web Consortium's (W3C) Web Content Accessibility Item 1I-37 Page 6 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Guidelines (WCAG), version 2.1, level AA. Vendor acknowledges that the City is responsible for ensuring that public websites are accessible to the general public and that internal electronic and information technology systems are accessible by city employees, including persons with disabilities. The Vendor shall use best efforts to assist the City in meeting its responsibilities. The Vendor shall have an ongoing obligation to promptly respond to and resolve complaints regarding the accessibility of HTML web pages made available to the general public that are brought to the attention of the Vendor 2. Agenda Management Component a. Ability to create, edit, and publish meeting agendas and related materials Fully supported b. Ability to annotate agenda and minutes with personal notes Elected officials can annotate and make personal notes within eScribe’s Meetings Pro app available on an iPad or Windows 10 device. Staff can also make private notes through the web browser view. c. Agenda item management and approval workflow eScribe has a built in workflow module that will allow the City to configure as many different types of approval workflows needed for agenda items, agendas and minutes. d. Simultaneous multi-user editing capabilities eScribe supports having multi users in the system at the same time with editing capabilities. eScribe is a Microsoft Item 1I-38 Page 7 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Partner and utilizes Microsoft Word for agenda items that allow for multi user editing through Microsoft Co-Authoring e. Searchable external display of published agenda and items eScribe provides a searchable iFrame for members of the public to search through published agendas and items. f. Ability to upload audio/video files Audio and video items can be uploaded as attachments or additional documenation g. Ability to handle large attachment file sizes. Fully supported. The default is set at 250mb but can be adjusted as needed for the City. h. Capability of integrating with third- party document management systems for agenda packet retention. The City utilizes Laserfiche for this purpose. eScribe has an integration connector specifically for Laserfiche. 3. Meeting Minutes Management Component a. Editable minutes based on entries created in real-time meeting management Minutes can be entered a couple of ways within the system. They can be pre populated on the agenda as minute templates, can be entered in real time during the meeting and can be adjusted/entered in after the meeting. b. Ability to import agenda into minutes application to use for minutes template Agenda templates in eScribe act as the minutes template. No importing needed. c. Ability to configure and modify meeting minute templates Minute and agenda templates can be modified at any time by the City. The city would not need to reach out to eScribe to adjust any template. d. Ability to create minutes template(s) with default text for minutes, motions, Fully supported with Minute Templates. Item 1I-39 Page 8 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software and voting e. Ability to download draft minutes as a Microsoft Word document Minutes can be downloaded in Microsoft Word. 4. Video Streaming Component a. Ability to record and live stream meetings and publish them to the web with the meeting draft minutes, approved minutes, supporting materials, and the meeting agenda Fully supported. eScribe’s Webcasting Plus module will allow the City to record and live stream the meetings directly on the City’s website and all meeting information can be published. b. Ability to timestamp items in meeting video Fully Supported. c. Video displayed on YouTube or other video streaming services as determined by the City eScribe supports being able to push the video out to social media platforms like YouTube and Facebook live. d. Closed captioning capabilities eScribe has an optional live closed captioning module. e. compatibility with multiple media types so that video can be viewed on Windows, Apple products, specifically iPad and mobile devices, etc. Videos are displayed in MP4 which is device agnostic. f. If during a live meeting, the internet connection fails, it must be possible to continue to record the meeting and allow it to be posted once the network is restored eScribe provides the City with an encoder that will record the meeting if internet connection fails and will allow the City to post the video once the network is restored g. Migration of all past agendas, agenda items, attached documents, and video/audio archives to the new system. eScribe can migrate all past data from Granicus. A sample migration scope has been attached in Appendix B Item 1I-40 Page 9 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software 5. Documentation The City expects the chosen vendor will provide for each software component a complete set of software documentation for end users and administrators in an electronic format. The City will be given permission to reproduce the documentation or parts of the documentation as needed. It is expected that the vendor shall maintain its copyrights to all materials. eScribe provides an online community portal with documentation for end users. eScribe also has a built in help file to help end users navigate through the system. The City can make their own documentation as needed. 6. License Structure The City expects the licensing structure to be enterprise-based so that it will also accommodate growth. The City also expects the licensing structure will include price breaks at reasonable intervals for the number of licenses acquired by the City. eScribe is a site license which supports an unlimited amount of users and unlimited amount of meeting types. 7. Maintenance The chosen vendor must maintain the proposed system if implemented. Vendors must clearly outline how the software is maintained, including bug fixes, feature and technology upgrades, and assimilation of state-of-the-art technologies. Support and Maintenance is included in the annual support and maintenance cost and is outlined in Appendix C – Sample Subscription Agreement - Support 8. Support The City anticipates the chosen vendor will have the technical expertise, staffing, and protocols to effectively support the implementation of its product in the City. Live support should be offered between 8 a.m. and 8 p.m. PST at a minimum with the ability to remotely access the system(s) and make necessary changes in response to City requests. Other eScribe is extremely proud of our customer experience and support. We provide 8am – 8pm EST live support with extended support to 11pm EST. eScribe also will provide the City with an implementation coordinator, Account Manager, Customer Success Manager and Training at the beginning of implementation to provide additional Item 1I-41 Page 10 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software desirable support options include FAQs, known issues tracking, email support, and access to support managers and development staff if required. support resources if outside of the regular support hours. 9. Training Training is considered an essential element of this project. One aspect of training the City will heavily consider is how quickly and easily the proposed system can be adopted. How difficult is the system to learn? Is it intuitive for users familiar with Microsoft-based systems? Does the vendor offer user groups and conferences as means of exposure to current and new technologies? We will be looking for answers to these questions and others within RFP responses, demonstrations, and discussions with vendor representatives. eScribe is a Microsoft Partner and utilize Microsoft products throughout the system provide an easy to learn environment for new users. eScribe also provides licenses for an eScribe Academy which utilizes a learning management system to allow City staff to train at their own preferred pace and on their own scheduled time. eScribe also provides group training and workshop options for the City with recordings. Item 1I-42 Page 11 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Required eScribe Modules In reading the City’s RFP, eScribe recommends our Transparency Bundle which includes the following modules: • Meeting Manager – Streamlines and automates the entire meeting lifecycle – preparation, conducting, and post-meeting activities. • Participant Access – Secure access for staff and elected officials • Internet Publishing – Easily engage stakeholders through their existing website, without programming, and fully support evolving accessibility requirements • Report Manager – Prepare and approve reports and agenda items for submission to meeting agendas • Webcasting Plus – Livestream and record, with automatic timestamping, indexed to agendas and minutes Below is a further breakdown of these modules and the functionalities they provide. Meeting Manager: Module Function: eScribe’s design integrates seamlessly with your organization’s environment, built around centralized meeting portals. Our flexible architecture allows for any number of portal sites to be linked together, simplifying the distrib ution of agenda items throughout your organization. Item 1I-43 Page 12 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Meeting Manager is the foundation module for eScribe and facilitates the building of agendas, minutes, action lists, and provides an end-to-end approach for a meeting cycle. Users are able to streamline the creation of all meeting documents with the ability to electronically refer/defer items from meeting to meeting. Key Features: • Robust end to end meeting and legislative management • Create and manage unlimited meeting templates and users • Online, Cloud-Based Delivery, built on Microsoft Azure Technology • Manage end-to-end legislative process on items (approval stages, readings, etc.) • Full legislative meeting support (Roll call, voting, quorum management, resolutions, pecuniary interest, additions/deletions, etc.) • Flexible video streaming and archival options • Seamless and accessible publishing of meetings documents • Tracking and reporting of post meeting actions • Reporting of statistics and past meeting information • Workflows for approving finalized agendas As the core module of eScribe, Meeting Manager is responsible for a number of Item 1I-44 Page 13 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software key tasks within the product suite: • Authentication and Access Control o Single Sign-on (ADFS or Azure-AD) o User IDs and permissions o eScribe User Roles o Departments • Agenda and Attendee Profile Management o Agenda Settings and Templates o Minute Settings and Templates o Meeting Rules o Voting Rules • Pre-meeting activities o Meeting creation o Agenda creation o Draft minute creation • Conduct meeting activities o Roll call/Quorum Management o Procedural support for meeting process o Minutes creation o Motion management/Voting • Post-meeting activities o Minutes updates o Post-meeting minutes creation and publishing • Task and Action Management o Creation and assignment of tasks o Conversion of motions to tasks o Task reminders Report Centre eScribe Report Centre, while part of Meeting Management, provides detailed Item 1I-45 Page 14 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software business analytics into eScribe Meetings and associated activities. • Pre-formatted reports provide information on o Meetings o Agenda Items o Attendance (Roll Call) o Resolutions o Tasks o Voting o Referred and Deferred items o Forecast reporting o Conflicts of Interest • Export of information to Excel and printing of reports Item 1I-46 Page 15 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Participant Access Module Function: eScribe provides secure access for each meeting participant through a personalized online Participant Portal. From this entry point, each meeting participant can browse upcoming meeting agendas, easily access all related reports and supporting information, record personal comments and follow-up notes, as well as search through previous reports and agenda items using eScribe’s enhanced search capabilities. The Participant Portal is available in three formats: web portal, which is accessed through any web browser; eScribe for the iPad (Standard or Professional), which is a dedicated IOS application available by download through the Apple App Store; and the eScribe Windows 10 App, available through the Microsoft Store. iPad Professional Home Screen iPad Professional Meeting View Windows 10 Professional Home Screen Windows 10 Professional Meeting View Item 1I-47 Page 16 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Web Browser Access Key Features • Any meeting, from anywhere, with any device • View upcoming agendas and support materials in advance • Leave group, private, and Chairperson comments • Download meeting materials and work offline • Secure access to confidential meetings • Search historical meeting agendas/minutes • Request to speak • Electronic voting (with Vote Manager module) Participant Access Functionality Matrix Feature Web Portal iPad Standard iPad Pro / Windows 10 Easy to use touch screen interface ✓ ✓ Access to multiple meeting sites by meeting type and date ✓ ✓ ✓ Real-time access to agenda item details, resolutions and attachments live during the meeting ✓ ✓ ✓ Agenda “Follow Me” – automatic meeting progress tracking ✓ View agenda packages, addendums, reports and ✓ ✓ ✓ Item 1I-48 Page 17 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software even minute documents as they are published by Administrators Access to combined packages and individual attachments ✓ ✓ ✓ Secure communications between designated Chairperson and meeting Administrators for follow-up and instructions ✓ ✓ ✓ Full Active Directory integration, plus enhanced security options ✓ ✓ ✓ Email/calendar integration ✓ ✓ Meeting announcements ✓ ✓ ✓ Global announcements ✓ ✓ ✓ Integrated Collaboration • Group Comments • Group Chat Feature • Private Chairperson Instructions ✓ ✓ ✓ Private Participant Notes and Comments ✓ ✓ ✓ Enhanced participant annotation capabilities allow for direct annotating on PDF Reports and Agenda Packages, including: • Bolding, Underlining and Highlighting Text • Imbedded Voice and Video Notes • Freehand Text • Enhanced Search and Bookmark Navigation • “Jump-to” Current Item Feature ✓ Real-time Participant Voting (with eScribe Vote Manager) ✓ ✓ Request-to-Speak Management ✓ ✓ Online/Offline Meeting Management, with restricted options and remote data wipe • Full featured offline support for primary functions • Data synchronization options - ✓ Attendee pictures ✓ ✓ Access to attendee details, including: • Contact information (Location / Phone / ✓ ✓ Item 1I-49 Page 18 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software email) • Meeting Attendance Status Online Meeting Attendee Directories ✓ Group membership details ✓ Online Resource Library for Policy and Procedure Manuals and other Published Documents including enhanced Search function ✓ Conflict of Interest Self-Declaration ✓ Report Manager: Module Function: The Report Manager add-on module provides robust management of all pre-meeting workflow activities including the preparation and approval of reports and submissions. This module also benefits administrators as it integrates seamlessly with the agenda and minutes, automatically pulling information from the report into the meeting documents. Leveraging the power of Microsoft Word (Office 2010 to O365 are all supported), administrators can create custom eScribe Word report templates that are used by staff to create their meeting reports and harness the powerful version control, change management, electronic approvals, and flow of information into the agendas and minutes. Item 1I-50 Page 19 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Key Features • Unlimited MS Word report templates • Ability to add supporting documents in multiple formats (Word, Excel, PowerPoint, Graphics, Audio, Video) • Access to Laserfiche records management for access to documents to be included in new submitted reports • Built-in document management and version control with MS Word track changes • “Check In/Check Out” capability to prevent simultaneous edits with document update notifications • Unlimited approval workflows which can be customized and tuned for department needs, document types, and report contents • Fully managed permissions (public and private/in-camera) • Supports Administrative Assistant notifications and approver delegates • Automated population of report information into agenda & minutes documents – meeting types, titles, descriptions, recommendations/resolutions Item 1I-51 Page 20 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software and other details may be automatically extracted • Full document approval histories • Electronic signature page report integration Workflows eScribe provides a robust Workflow management system which allows for: • Serial approval steps by individuals and/or meetings • Using meetings as approval steps for legislative management (readings) • Configurable permissions including confidential/closed session documents management • Departmental, global, or individual approval workflows • Ad hoc approvers • Absent approver delegate assignment • Approver time limits • Audit trail on approval steps • Electronic signatures on approvals (standard feature, with optional digital signature integration through Notarius) Item 1I-52 Page 21 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Internet Publishing: Module Function: When it comes to citizen engagement, eScribe Publishing + Citizen Engagement makes it easy. Leverage social media, submit delegations electronically, solicit feedback on key agenda items, allow citizens to register questions in advance, or even sign up to receive automated alerts on topics of interest as they move through the meeting process, all through your website. eScribe’s Internet Publishing+ supports the publication of meeting agenda and minute details to your public website either in PDF or HTML format with links to individual supporting attachments. Calendar View List View External Search Conflict of Interest Registry Item 1I-53 Page 22 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software With the addition of eScribe’s Webcasting+ module, meetings will be automatically indexed with the live or archived video broadcast of the meeting, providing increased transparency. Key Features • Supports ADA Compliant HTML and/or PDF publishing • Seamlessly integrates with existing website • Publishes directly to Laserfiche with the eScribe Laserfiche connector • Fully responsive design to accommodate multiple device formats • Provides for simple publishing and download of large agenda packages • One click publishing of agendas and minutes • Social Media Integration o Facebook o Twitter o LinkedIn o Calendar • Optional RSS feeds • Engage citizens, allowing them to ask questions on agenda items • Flexible layout options, including list and calendar views • Support for automated delegation request and approval • Sign up to receive automated alerts on topics or meetings of interest Item 1I-54 Page 23 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • Seamlessly integrates with Webcasting+, for publishing of video/audio linked files • eScribe also provides optional automatic, live, Closed Captioning which is fully integrated with the video stream. This is available as an additional cost. Webcasting Plus: eScribe is the exclusive partner of ISI Live in the Municipal and Secondary Education verticals. eScribe fully integrates the ISI encoder at an Application Program Interface Level. eScribe’s support staff are fully trained in maintaining and managing ISI encoder issues during a meeting and offer expedited 7x24 access to video support staff if required. Module Function: To provide our customers with a comprehensive solution, Webcasting Plus handles the implementation of everything you need from the encoder and storage solution. With a fully managed Webstreaming service, or with optional YouTube integration, Webcasting Plus improves transparency with features such as automatic video Item 1I-55 Page 24 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software tagging, optional closed captioning, and a fully responsive design page for your existing website. eScribe’s comprehensive Video Streaming Solution further assists administrators in automating the indexing, editing, and internet publishing of audio/video, along with your agenda and minutes, for public access. Additional capabilities can be implemented in a number of progressive phases over several budget periods. eScribe is very flexible with its support of video streaming and indexing solutions. Webcasting Plus allows administrators to integrate webcast video with hyper-tags and incorporate these streams into your online meeting content. More and more meeting rooms are being wired with audio and video systems that capture the complete proceedings for live and on-demand viewing 24/7. eScribe makes it easy for the integration of this content with the appropriate agenda, so that it can be indexed to the specific agenda item, minutes and resolutions, for future recall and review, with nothing more than a browser and internet connection. Key Features • Provide a live stream and archival service for video feeds, which can be bookmarked to the minutes documents when published • API level integration between eScribe and the ISI encoder, allowing for control over the feed, splash screens, microphone muting, webcasting, and recording • The ability (hardware/software) to easily capture and stream live from the meeting room • Archived material is hosted by eScribe and available on your website • Unlimited number of viewers for live and archived material • Access to metrics of your live and archived viewership (#of viewers, etc.) • Video feed can be provided by any video capture source, even that provided by cable company • Optional automated Closed Captioning provided by an Artificial Intelligence Agent (IBM Watson) which provides live, in-stream, closed captioning, post meeting captioned files and automatic meeting transcription Item 1I-56 Page 25 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • eScribe’s Video Streaming service detects the type of device being used to view the video, and automatically loads a suitable player • Allows for smart (hyper) tags of video to agenda items and minutes • Provides a simple front-end for public access to video tied to meeting minutes • Improves the transparency of meeting information, using a video stream of the meeting, complete with easy-to-use tags, so users can jump to a particular segment of the meeting that they are interested in Quality Assurance and Monitoring eScribe provides monitoring for the application during live events and can schedule additional staff as necessary for extended shifts. A customizable web-app enables our team of technicians to provide quality assurance monitoring of all live streams. Our QA web-app facilitates monitoring of multiple feeds (slide presentations, video codecs and bandwidth rates) on a single screen and provides a method for tracking the status of each live feed in real-time. Any user can click to update the status of a live feed, identifying problems or marking a feed as "good". Status information can be displayed instantly on the screens of all the users, including QA/monitoring technicians. Both eScribe QA staff, as well as your IT personnel will have access to the QA web-app, to ensure complete transparency and improved quality assurance. eScribe recommends that one of your staff is available via instant messaging service as well as by phone, to ensure the lines of communication are open throughout any testing and live events. Security All eScribe infrastructure and services are built with security in mind. We host our services exclusively on a Linux-based platform and apply security updates as soon as they are released. Our datacenter facilities house our servers and are protected by Anti-DDOS systems, where threats are instantly detected and automatically mitigated. Item 1I-57 Page 26 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Webcasting is a dynamic, evolving service and our systems and infrastructure keep pace by undergoing constant updates. Security by design and in operation are integral in this continuous process. Editing and Indexing Indexes can easily be applied and edited directly through the web interface. When combined with eScribe Meeting Manager (sold separately) tags are automatically inserted into the appropriate agenda/minute items when published on the website. Web Integration eScribe has two approaches to integration of the Webstream into your website. As a standalone webcasting solution, the player may be incorporated directly into a destination website using standard iFrames. When combined with eScribe’s Meeting Management solution, agendas/minutes and support documents, including indexed video, are available to citizens through a single view on your website. Reporting You will have access to viewership statistics at any time, via your dedicated portal, where your username and password will provide real-time statistics as well as the archives of recorded meetings. eScribe Webcasting reporting metrics include: • Total number of hits (live and/or archived) • Total number of unique hits (live and/or archived) • Number of concurrent users at any given time • Peak concurrent users • Average concurrent users • Reporting by IP address • Amount of data transfer In addition to eScribe’s reporting platform, we can also incorporate Google Analytics, at no additional charge. Item 1I-58 Page 27 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software While eScribe is proud of its world class cloud infrastructure, we recommend that additional audio and video redundancy be built into your overall AV setup by a qualified third-party consultant. If you don’t have one, we would be happy to recommend one of our authorized Integration Partners to assist you. Additional eScribe Webcasting Plus Technical Information Capacity for Live Concurrent Broadcasts 500 Capacity for Live Concurrent Viewers 500,000 Number of live and VoD events streamed over period of 1 year 1000+ Average streaming length per event, live and VoD 6 hours + Technology Supported Flash, H264, YouTube Live, Windows Media, Real Media, QuickTime, MPEG 4 (Part 2, Part 10), MPEG 1,2 MP3 – all progressive download formats, MP3, Audio only streaming Resolution Any up to 1080i (Full High Definition) Encoding Speeds Any up to 5.5 Megabytes per second Delay 3- 10 seconds avg Video Output Codec: H.264 Data rate: 300Kb/s to 50Mb/s Resolution: 320x240 to 720x480 Audio Output Codec: AAC Item 1I-59 Page 28 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Data rate: 32Kb/s to 2Mb/s Sample rate: 32Khz to 48Khz mono/stereo Vote Manager/Request to Speak: This module is specifically designed to manage debate and voting during a meeting. Directly supports discussion and voting results in chambers, remote meetings and eases the management of hybrid meetings. Item 1I-60 Page 29 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Module Function: Rules Based Electronic Voting Vote Manager allows participants to electronically vote on resolutions in real-time through their Participant Portal, iPad, or Windows 10 tablet. The module supports an array of vote types and is fully integrated with roll call, check-in/out, and pecuniary interest management. Vote results can be graphically displayed in-chamber and, when used with the Internet Publishing Plus module, published to the web. Once opened, a vote screen appears on meeting participants device (Web, IOS or Item 1I-61 Page 30 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Windows 10 Apps) and from there the Councilor can enter a result. Alternatively, the recording secretary can manually enter a vote on behalf of members who wish to raise their hands. The eScribe Public Display shows the motion being voted upon followed by the result upon vote completion. Key Features • Supports multiple vote types: simple majority, weighted, two-thirds (present/members), unanimous, tie breaker, multiple choice, and secret ballot • Fully-integrated with roll call, check in/out, pecuniary interest, voting areas • Graphical public display screens with configurable voting results details • Fully integrates with Conflict of Interest registry and current meeting attendance Module Function: Request to Speak Manages the Request to Speak Queue with member requests, maintains managed order which can be modified by the chair and presents a public display of timers, speaker order and number of times a speaker has spoken on a given issue. Item 1I-62 Page 31 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Key Features • Manages the Request to Speak Queue for debate on agenda items including time limits, number of times speaking, speaker order and public display of current speaker time limits • Can be used during hybrid meetings to assist with microphone management Item 1I-63 Page 32 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software on web conferencing applications Board Manager Plus: Introduced in 2018, Board Manager Plus addresses municipal demands for a simple tool to manage board members and recruitment. This process has traditionally been managed through Excel spreadsheets and large file folders of paper, as well as leveraging newspapers for the publication of vacancies. eScribe Board Manager offers a simple approach with an electronic tool to simplify the entire board information and recruitment process. Available as a standalone product or fully integrated to the eScribe Meeting Management suite, Board Manager simplifies managing board terms, recruitment, and public notification of board meetings and activities. Key Features • Manages Board descriptions and Board Member public biographies • Simple web publishing for all meeting artefacts related to the Board • Manages Terms, Term Limits and current Board Membership • Web publishes vacancies and accepts applications and resumes for processing and consideration for Board Membership • Publishes Board Meeting Schedule Item 1I-64 Page 33 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Board Manager Plus fully integrates to eScribe Attendee Profiles for automatic Participant List updates. Public Comments: Allow the public to submit comments on agenda items An add-on to the Internet Publishing Plus module, Public Comments allows organizations to receive and publish comments from citizens before, during, and/or after meetings. Key Features • Meeting administrators can track and post citizen comments by agenda item • Configurable rules by meeting type • Optional review and approval • Comments can be retained as part of the public record or alternatively deleted after the meeting • Fully integrated with the meeting’s agenda, minutes, and video through your existing website Public Speaker/Delegation Requests: Manage citizen requests to speak during public meetings An add-on to the Internet Publishing Plus module, Delegation Request Management (DRM) allows organizations to efficiently manage citizen requests to speak during public meetings through an online form on their existing website. Key Features • Manage delegations’ deadlines by individual meeting type • Automated delegation request and approval • Customizable web form fields Item 1I-65 Page 34 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software References Client Name City of Indian Wells, CA Contact Name Angelica Avila, City Clerk Contact eMail aavila@indianwells.com Contact Phone Number 760-346-2489 Client since 2022 Project Description: The City of Indian Wells is leveraging eScribe’s Transparency Bundle including Meeting Manager, Report Manager, and Internet Publishing and webcasting Client Name City of Watsonville, CA Contact Name Irwin Ortiz, Assistant City Clerk Contact eMail irwin.ortiz@cityofwatsonville.org Contact Phone Number 831-768-3048 Client since 2020 Project Description: The City of Watsonville is leveraging eScribe’s Transparency Bundle including Meeting Manager, Report Manager, Webcasting Plus and Internet Publishing Client Name City of La Mesa, CA Contact Name Megan Wiegelman, City Clerk Contact eMail mwiegelman@cityoflamesa.us Contact Phone Number 619-667-1130 Client since 2021 Project Description: The City of La Mesa is currently in implementation and will be leveraging eScribe’s Transparency Bundle including Meeting Manager, Report Manager, Webcasting Plus and Internet Publishing Client Name City of San Luis Obispo, CA Contact Name Megan Wilbanks, Deputy Clerk Contact eMail mwilbanks@slocity.org Contact Phone Number 805-781-7103 Client since 2021 Project Description: The City of San Luis Obispo is leveraging eScribe’s Transparency Bundle including Meeting Manager, Report Manager, and Internet Publishing and Webcasting Plus. Item 1I-66 Page 35 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Implementation and Training While a few vendors have solutions with features to address some of the pain points associated with meetings, features on their own don’t necessarily drive benefits. We’ve learned that the ultimate success of a meeting management solution implementation is driven more by end user buy in to the improved way of doing things. That is why more projects fail from lack of user adoption than virtually any other reason. While training end users on proper system use is an important component, there are additional critical factors to consider. To ensure a successful implementation, we assign a dedicated team and follow a repeatable framework that has been developed over hundreds of successful implementations spanning customers both large and small. Project Management Your Project Lead will guide you through the process of setting up your project for success and long-term satisfaction. Throughout a series of project meetings, you will be led through a tried-and-true process to take your organization from configuration, training, initial go-live, and subsequent roll out to the rest of the organization. Configuration Your Project Lead will work with you to communicate with staff and coordinate the gathering of user, meeting, and process information to configure eScribe for its first use, including: • Project Planning and ongoing Coordination • User and Permissions Configuration • Meeting Types Configuration • Agenda & Minute Templates & Workflow Configuration • Report & Legislative Templates & Workflow Configuration • Webcasting Configuration • Internet Publishing Configuration • Scheduling End User Training Item 1I-67 Page 36 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software o Meeting Administrators o Site Administrators o Staff Contributors o Meeting Participants • Maintaining project documentation and resolving open items Timelines eScribe’s implementations are centered around a standard approach that has been refined through many years of working with Customers and proven to not only implement the solution, but to help the organization streamline user adoption. As an Azure cloud-based solution, our deployment mainly involves the Customer’s administrative staff. IT involvement primarily centers around Single Sign-On (SSO) setup, video encoder installation, and web publishing integration. To facilitate a seamless implementation, built on proven best practices with hundreds of organizations, the eScribe Implementation Team has put together a sampling of template options for agendas, minutes, and report documents that customers can choose from during the configuration of their meeting templates. Alternatively, customers can work with the Implementation Team to configure templates. Given variables such as vacations, elections etc., a final go live date would be established by the project team, consisting of both the Customer and eScribe, early in the implementation process. Dates Activity Description Team StartDate (SD) Contract Signed • Contract awarded to eScribe • Contract signed Purchasing (Customer), Sales (eScribe) SD Coordinate Hand Off Call • Sales to Coordinate hand off introduction with eScribe Implementation team & customer Sales & Project Lead (eScribe) Project Sponsor (Customer) SD + 2 days Project Hand Off Mtg (15 min call) • Project Hand Off Meeting • Introductions of project teams (eScribe & Customer) • Draft Project Charter Sales & Project Lead (eScribe) Project Team (Customer) Item 1I-68 Page 37 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software o Review of modules purchased & Configuration details o Confirm Goals & Risks o Confirm desired project kick off & completion timeline ACTIONS AFTER CALL: • eScribe to finalize project charter, draft project plan & build site • Customer to gather & send meeting artefacts (Agendas, Minutes & Reports) • eScribe review meeting artefacts • Customer to complete configuration worksheet for publishing & webcasting SD + 5 days Project Kick Off Discussion (60 min call) • Review project charter, project plan and adjust with customer feedback • Review further detail of implementation & training plan ACTIONS AFTER CALL: • Introduce Customer to ISI, Customer & ISI to order hardware & plan for installation of video encoder Project Team (Customer) Project Lead (eScribe) SD + 15 days AV Review Meeting (30 min call) • Review AV configuration details as sent by customer • Review configuration of webcasting video encoder Customer Technical/AV contact ISI AV setup contact SD + 17 days Configure eScribe • Create meeting artefacts in environment (agenda & minutes for 2 meetings, 2 attendee groups – with up to 50 users) • Test the environment • Complete user configurations (*If ADFS/Azure AD in use, Customer must have internal ADFS/Azure AD configured & parameters sent to eScribe before any user configuration can begin or migration costs may apply) • Build publishing site • Customer & ISI to continue working to plan delivery & installation of video encoder eScribe Project Team SD + 23 days Template Review Mtg (60 min call) • Review finalized meeting artefact template configuration • Review finalized publishing site • Review remaining configuration settings • *NOTE Customer must provide all configuration detailed by “Configure eScribe” date in order to meet date at Project Teams (Customer) Project Lead (eScribe) Item 1I-69 Page 38 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software this stage* ACTIONS AFTER CALL: • eScribe to adjust templates & send revised copy for sign off • Customer to confirm training dates • Customer IT to confirm video encoder is setup & ready to go SD + 29 days Meeting Manager Training • Meeting Manager Training with primary user group (4- 2.5hour sessions) • Mock Meeting Preparation • Mock Meeting Delivery with video (additional video training session as needed) ACTIONS AFTER TRAINING: • Workshop sessions scheduled as needed to discuss specific processes with Trainer • Customer Training Attendees to start using eScribe immediately for meetings • Customer is responsible for training additional staff and rolling out Meeting Manager to other departments eScribe Trainer, Customer Meeting Admin Group SD + 35 days Conduct Practice Meeting • Customer to prepare meeting and conduct practice meetings in eScribe (build agendas & minutes) • Customer to practice using video equipment and eScribe timestamps • First meeting support from eScribe Team Customer Project Team, eScribe support SD + 40 days Post Meeting Review • Highlight challenges and questions for review from Meeting Manager Practice eScribe Project Lead, Customer Project Team SD + 42 days Publishing Implementation • eScribe Implementation Coordinator to send iFrame details to integrate publishing into current website • Customer web developer implement new publishing pages (iFrame into existing site) Customer IT (web admin) SD + 43 days Report Manager Pre - Configuration Meeting (30 min call) Review the Report Manager configuration documents & information needed from the customer • Review meeting artefacts if necessary Project Team (Customer) Project Lead (eScribe) SD + 44 Days Configure eScribe • Create meeting artefacts in environment (1 report, 5 workflows, 2 attendee groups – with up to 25 users) eScribe Project Team SD + 50 days Contributor Training • 2.5 hrs for Report Administrators • 1 hrs for Report Writers (primary user group) ACTIONS AFTER TRAINING: eScribe Trainer, Customer Contributor & Admin Group Item 1I-70 Page 39 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • Workshop sessions scheduled as needed to discuss specific processes with Trainer • Customer Training Attendees to start using eScribe immediately for reports • Customer is responsible for training additional staff and rolling out Report Manager to other departments SD + 62 days Post Practice Review • Highlight challenges and questions for review from Report practice eScribe Project Lead, Customer Project Team SD + 63 days Participant Training • Training for staff who will be training meeting participants, web/Mtgs Pro apps access (train the trainer) – via training video. ACTIONS AFTER TRAINING: • Workshop sessions scheduled as needed to discuss specific processes with Trainer • Customer Project Team train meeting participants eScribe Trainer, Customer Project Team SD + 75 days Go Live (Phase 1 Complete) • Once implementation tasks are complete, final review of project charter and sign off ACTIONS AFTER CALL: • Customer to actively use eScribe for core meetings, rolling out to additional meeting types/users is done at the discretion of the customer • Customer will engage eScribe support team as required eScribe Project Lead, Customer Project Team PHASE 2 TBD Further System Roll Out • Plan for system migrations (data from legacy systems) • Plan for system roll out to organization eScribe Project Lead to support Customer Project Team in roll out of software as desired to additional meeting types and report writers eScribe Project Lead, Customer Project Team NOTES: • Estimates do not account for Customer’s delays resulting from a shortage of resources or availability of required information • Day count increment represents working days • Schedule is subject to change during Project Plan creation Item 1I-71 Page 40 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • In addition to the meetings outlined in the plan, weekly/biweekly project meetings will also be scheduled. During phase two system roll out, eScribe implementation team will play a supporting role in Customer onboarding to the rest of the organization, at this time the frequency of project meetings will be evaluated • Assumption is made that Customer will commit resources as outlined in plan • Assumption that template emphasis will be on electronic/HTML agenda & minutes • Assumption is made that eScribe will be training primary user group with a “Train the Trainer approach” • All training, unless otherwise discussed, is conducted via online group webinar sessions • Implementation timelines might delay should Customer ADFS/Azure AD setup is not complete in time for site build, alternatively a user migration can take place after ADFS/Azure AD integration is complete (additional charges may apply). Migration Timelines: Data migrations are the second phase of the onboarding process. Migration projects are not committed to the schedule until the project planning phase with your onboarding team. While we do our best to schedule as close as possible to go live, typical lead times are approximately 6 months from date of scheduling Team Customer experience is a crucial aspect of eScribe’s ethos. We understand that migrating to a new software can be a daunting prospect. We have a dedicated team of experienced eScribe professionals supporting you every step of the way, reducing the impact on your internal staff and IT department and ensuring a successful, pain- free roll-out. Item 1I-72 Page 41 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software eScribe proposes the following project structure for this initiative, subject to change depending on the agreement between eScribe and the Customer during project negotiation. Customer Team: Role Responsibility Skills Required Project Sponsor Responsible for oversight and ensuring that the project provides the anticipated business benefits to the Customer. Management authority. Project Lead Overall project time, cost and quality responsibility, schedule control, escalation and issue log, project reporting. Project management. Project Team / Champion Users Core implementation group, responsible for making process & configuration decisions. Will attend training and be the first users of the system during roll out. Individual(s) with meeting process expertise required to complete the project. Technical Subject Matter Expert (for ADFS or Azure AD integration only) Ensuring that the project aligns with the Customer’s systems and architecture. Primarily responsible for ADFS/Azure AD configuration & setup. Individual(s) with technical expertise required to complete the project. Familiarity with ADFS/Azure AD setup. AV Subject Matter Expert (for webcasting only) Providing information to eScribe and participating in the configuration and testing of the encoders for webcasting. Individual(s) with technical expertise required to complete the project. Familiarity with current AV setup. eScribe Team: Project Sponsor (Customer) Project Lead (Customer) Project Team / Champion Users Technical SME(s) AV Technical SME(s) Item 1I-73 Page 42 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Role Responsibility Skills Required Project Sponsor Overall project oversight and responsibility for eScribe team performance and involved in escalations as required. Management authority. Implementation Lead/ Project Manager Overall eScribe implementation lead (requirements, configuration, training), resource schedule control, escalation and issue log. eScribe subject matter expert, meeting process expertise, project management. Technical Analyst eScribe Installation, and configuration with ADFS/Azure AD. Expertise with eScribe’s Microsoft Azure infrastructure and technical configurations with eScribe and ADFS/Azure AD. Account Manager Upon implementation completion, Account Manager will proactively reach out to the Customer to inform on latest updates and new services. eScribe subject matter expert, meeting process expertise. Trainer Training of Customer staff and conducting of Workshop sessions. Subject matter experts on various aspects of eScribe use and operation in a production environment. AV Experts (ISI Live Team Members) Webcasting configuration and works alongside Customer AV SME on installation of hardware. Webcasting and A/V subject matter experts. Project Team Experience: While eScribe does not designate specific team members until closer to project kick- off, summary biographies have been provided below. All members of the eScribe implementation team are fully trained or certified as required and have completed Project Sponsor (eScribe) Implementation Lead / Project Manager Technical Analyst Trainer Account Manager Item 1I-74 Page 43 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software numerous successful client implementations. All eScribe Operations staff have also successfully completed police background checks. Out of respect for staff privacy, actual staff resumes are not provided in RFP responses however we would be happy to answer any specific questions as it relates to the project team’s experience. Name Name/Role Experience LinkedIn Profile Tara Astbury Project Sponsor • 15 years working with public sector organizations to streamline meeting processes • Serves as the point of escalation for Customer issues and unique process workarounds • Oversees the Operations division of eScribe to ensure superior experience for all customers Click here Jeff Hardy Project Manager • 20 years’ experience managing medium/large scale projects in the public sector, IT, Telecommunications and Manufacturing sectors • ITIL Foundation Certificate • 3+ years’ experience leading eScribe customers through successful implementations • Serves as Project Manager on large implementation projects, with over 60 such implementations in his portfolio, past projects include: o City of Hamilton o Toronto District School Board o City of London o City of Detroit Click here Item 1I-75 Page 44 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Tosca Milanovic Implementation Coordinator • 13+ years' experience in project coordination • 4 years’ experience leading eScribe customers through successful implementations • Serves as Implementation Coordinator on more than 50 eScribe implementations, past projects include: o Haldimand County o Thunder Bay District Health Unit o Columbia Shuswap RD Click here Ashley Freel Implementation Coordinator • 5+ years' experience in coordinating new policy and procedures in the education sector • 3+ years’ experience leading eScribe customers through successful implementations • Serves as Implementation Coordinator on over 80 eScribe implementations, past projects include: o Oxford County o Bruce County o Livingston County Click here Chris Phagoo Account Manager • 8+ years’ experience working with eScribe Customers in support and account management • Serves as Account Manager for over 100 eScribe customers, proactively reaching out to customers post-implementation about new developments. Click here George Attia Account Manager • 1+ years’ experience working with eScribe Customers in support and management • Serves as Account Manager for over 100 eScribe customers, proactively reaching out Click here Item 1I-76 Page 45 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software to customers post-implementation about new developments. Davidsen Naigum Technical Analyst • Trained on Microsoft Azure environment as it relates to eScribe’s use and integration with Azure AD and ADFS • Serves as Technical Infrastructure specialist on the majority of eScribe projects Click here Geeta Nagpal Trainer • Certified Training Professional • 10+ years’ experience serving as Trainer on eScribe projects of both small and large scope • Leads Customers through one-on-one process workshops Click here James Yearwood Trainer • Experience working as Municipal Systems Analyst and Report Writer • Experience with process improvement and software training • 2+ years’ experience serving as Trainer on eScribe projects of both small and large scope • Leads Customers through one-on-one process workshops Click here Training/eScribe Academy eScribe is built to be user-friendly and, with just a few training sessions, users will be quickly on their way to run their first live meeting independently and with confidence. Available Courses • BM1 – Board Manager for Administrator • MM1 – eScribe Portal Activities • MM2 – Pre-Meeting Activities • MM3 – Conducting the Meeting • MM4 – Post Meeting Activities Item 1I-77 Page 46 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software • RM1 – Report Manager Administrator • WCP1 – Webcasting for Site Administrator • WCP2 – Webcasting for Meeting Administrator Unlimited Group Format Leveraging the group training format allows end users to learn the proper use of eScribe in targeted sessions that can be scheduled around existing schedules, with other like-minded users from nearby municipalities and school or public sector boards. We have found this method to be extremely helpful as users can interact throughout the session, sharing best-practices and lessons learned with each other. Courses are offered multiple times per month and can take as little as a few hours to complete, so users won’t fall behind while they are away from the office. With eScribe’s Unlimited Annual Training Subscription, any number of designated users will have the flexibility to register as many times as required to provide ongoing training for new or existing staff as the need arises. Go Live Support & Coaching Unlimited Coaching Sessions In addition to end user training, you will have unlimited access to your dedicated Account Manager for both ad-hoc and scheduled + coaching calls up to 30 minutes in length, who can answer questions and provide targeted training to key staff ensuring your ongoing success. Dedicated Go Live Support In order to ensure that your first meeting gets off to a strong start, your SCRIBE Champion will support you through agenda prep, conducting, and recording your first live eScribe meetings to ensure administrative users are comfortable with all aspects of the meeting lifecycle. Item 1I-78 Page 47 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Monthly How-To Webinars We also run monthly webinars on topics as requested and voted on by customers offering how-to instructions and time saving tips to help users get the most from eScribe. Sign up for one or as many as you like. Customer Community Portal (CCP) To further empower our customers, the CCP can be used to submit and track support tickets. There is also a forum within it to communicate and share product ideas directly with the eScribe product management team and collaborate on meeting “best- practices” with other eScribe customers. Some key features of CCP include: • Access Knowledge Base – a library of user reference, manuals, and help guides • FAQ section – “How-to” guides and technical trouble shooting assistance • Customer forum – Chat with other eScribe customers and learn from each other • Feature requests – Submit ideas to eScribe and vote/comment on proposed features from other users • Latest announcements – including product release notes, promotions, company updates • Videos – instructional videos for apps and various eScribe features We understand that change can be scary and that you may have questions that need to be answered in order to effectively manage changing the way your organization manages its public meetings as we move to digital, including: “Which functionality is best for us?” “Will our processes need to change?” “How will we smoothly transition to the new system? The transition from paper products to digital systems is changing the way we create, consume and share information, requiring us to move away from established processes and adopt a more integrated workflow that, once in place, will benefit internal and external stakeholders alike. Item 1I-79 Page 48 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software With many years of real-world public sector experience, our third-party change management consultants can help you identify any process, training, or skills variances and develop a plan to help your users smoothly transition to eScribe. eScribe Academy eScribe Administrators will be given a login to begin their training. Courses are assigned based on the tools their organization uses. Learning is self-paced with each session lasting approximately 2.5 hours, with the whole program taking approximately 8-10 hours. Each session includes quizzes to ensure viewers are understanding the content that they must pass in order to progress. Each eScribe Administrator should have their own unique license for the system as they will receive an eScribe Certificate with their name after training is completed. Certificates can be downloaded and added to their resume and LinkedIn profile! Administrators will be eScribe Certified! One-to-One Training For larger end user groups or in cases where the customer would like to incorporate customized business process training into the curriculum, we offer 1:1 training sessions with a dedicated trainer. One-to-one training can be delivered remotely, or on site as required. Train the Trainer For larger groups, a “Train the Trainer” approach could be more cost -effective, where a small number of customers end users will be trained by eScribe, who then become the power user in the organization to train and answer questions internally. This method ensures there is always a competent in-house trainer available to help your team out with the new processes until the new skills become a habit. The other benefit to an in-house trainer is that they understand the organizational culture and Item 1I-80 Page 49 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software needs, allowing them to share information and new knowledge in a way that will resonate with their staff. Document/Records Management Integration At eScribe we realize that your public meetings are part of an overall content management strategy across your organization (ECM). That’s why eScribe provides off the shelf “connectors” to many of the industry’s leading ECM systems, including, Laserfiche, FileHold and SharePoint. Chamber/Meeting Room Integration Whether it’s support for multiple screens or integrating with microphone and physical voting terminals, eScribe provides off the shelf “connectors” to several leading manufacturers, and in many cases can customize a solution to meet individual requirements. Item 1I-81 Page 50 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Detailed Pricing Pricing has been provided in a separate document titled “eScribe – City of Palm Desert – Detailed Pricing” Item 1I-82 Page 51 eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software RFP Response Contact Details eScribe will make itself available for any follow-up activities to support this RFP process. Should you have any specific questions about this document please feel free to contact James Coulen Senior Account Executive 416-890-9808 jcoulen@eScribemeetings.com Item 1I-83 Page I eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Appendix A – Azure Infrastructure https://download.microsoft.com/download/1/6/0/160216AA -8445-480B-B60F-5C8EC8067FCA/WindowsAzure- SecurityPrivacyCompliance.pdf Item 1I-84 Page II eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software Appendix B – Sample Migration Scope Document eSCRIBE Data Migration - Project Scope Nov 2, 2022 Customer City of Palm City Incumbent System Granicus Current URL Current System Contract End Date In Scope - eSCRIBE to generate script to populate Migration Worksheet, with all available details from Current URL noted above o Customer to verify accuracy of information on Migration Worksheet o Meetings dating back to 2015 (Approximately 410 meetings) will be migrated. o Any data missing from migration worksheet (such as location and start time) is to be completed by customer - eSCRIBE to import of all meeting data referenced in verified Migration Worksheet. Migrated meeting content includes: o Agenda (HTML) to be created from the video index. (see “Video HTML Agenda” below) o Videos, uploaded by the customer, will be linked to meetings, and can be viewed alongside the HTML agendas. - Validation of 10 migrated meeting sites (See assumption 3) - Completion of one additional round of additional migration, exclusively to bring over any meetings that were posted to the incumbent system after the initial migration, but before go-live. Out of Scope - Any meetings or documents not listed on verified Migration Worksheet - Fixing broken links from incumbent system within HTML agendas or minutes - Modifying content with PDF documents - Modifying content from incumbent system within HTML agendas or minutes - Validation of migrated content, beyond the 10 randomly selected meetings listed in scope, above - Uploading/Transcoding of video files (See assumption 4) Assumptions 1. Migrated data is only available for public presentation through eSCRIBE’s Internet Publishing module. Data will not appear and is not intended for staff to navigate to these meetings from within the eSCRIBE Portal. Item 1I-85 Page III eScribe Response to The City of Palm Desert – 2022-REQ-151 – Agenda Management Software 2. The Novus web interface will be available throughout the timeline of the migration, and until at least the current system contract end date noted above. 3. Following the migration, eSCRIBE will validate 10 meetings, selected at random, for accuracy. Further validation on migrated content is the responsibility of the customer. 4. Customer will upload all video files, in .mp4 format, via FTP. Note, if any files are not .mp4, they can likely be transcoded but an additional cost will apply. 5. We assume there will be a single video file for a meeting. If multiple video files exist, they can likely be combined but an additional cost will apply. Video HTML Agenda Timestamps will be generated by the HTML Index. Note: For videos that do not include any index items, only the video will be migrated over with no timestamps. Additional Notes It is important to note that this migration does not replace the need for customer to obtain a backup of all data upon termination of contract with incumbent vendor. Migrated data is strictly for presentation through eSCRIBE’s Internet Publishing module, and should not be used as an archive or backup of incumbent system’s data. It is also important to note that once the web interface for the incumbent system has been taken down, the data can no longer be accessed by eSCRIBE for any future migration work. Incumbent system should not be terminated until all migrated data has been fully validated and verified complete. Migration Timelines Data migrations are done as a phase 2 of your onboarding project. Migration projects are not committed to the schedule until the project planning phase with your onboarding team. While we do our best to schedule as close as possible to go-live, typical lead times are approximately 6 months from date of scheduling. It is important to note that the incumbent system must remain available until after the migration is completed. Note, an additional cost may apply if the migration needs to happen sooner than the initially scheduled timeline. Pricing Notes At the completion of the migration, a legacy data storage fee will be charged, as per the table below. GB Price / GB 0-50 $ 10.00 51-100 $ 9.50 101-150 $ 9.00 151-200 $ 8.50 201-300 $ 8.00 301+ $ 7.50 Item 1I-86 Detailed Pricing eScribe is pleased to offer the following annual subscription and one-time setup fees to meet the requirements as outlined in this RFP. eScribe leverages a detailed onboarding approach developed over hundreds of successful customer implementations, allowing us to provide a fixed price, including: activation of the solution on the cloud, customer specific configuration of meeting types, content templates, and initial workflow configuration, administrator, contributor, and participant training, in addition to one on one workshop sessions and go live support for key initial meetings. eScribe Transparency Bundle (Includes Encoder): Optional Modules: eScribe Annual Service and Support Fees Module License Type License Fee Quantity Cost eScribe Transparency Bundle Annual 16,800$ 1 16,800$ eScribe Meeting Manager INCL eScribe Participant Access INCL eScribe Internet Publishing INCL eScribe Report Manager INCL eScribe Webcasting Plus INCL eScribe Vote Manager and Request to Speak INCL eScribe Meetings Pro App (iOs or Windows 10)INCL Up to 25 Forms Authentication INCL Total - Annual Software and Support Fees 16,800$ Implementation Fees Service Fee Quantity Cost eScribe Transparency Setup/Training One time 5,420$ 1 5,420$ 2 Meeting Types, 1 Report Template, 5 Workflows INCL Vote Manager Setup One time 1,170$ 1 1,170$ 10 x eScribe Academy Licenses INCL Migration of Historical Granicus Data (up to 25 GB)INCL Total - One-time Implementation Fees 6,590$ Optional Module License Type License Fee One Time Setup eScribe Live Closed Captioining Annual 8,700$ 2,350$ eScribe Public Comments & Delegation Request Annual 2,900$ 1,150$ Item 1I-87 Pricing Notes 1. Proposed pricing is valid for 120 days from date of submission of this response. 2. Implementation fees are for remote support. Onsite personnel can be arranged. Additional travel and living expenses would apply in addition to the Implementation Fees. 3. Year 1 Subscription and Implementation Services Fees are invoiced upon commencement of the project. 4. Subsequent year(s) Subscription Fees will be due on the anniversary date and will increase from the previous year’s Subscription Fees by five percent (5%). 5. Payment Terms are Net 30 from date of invoice. Item 1I-88 Page 1 of 6 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: ADOPT RESOLUTIONS APPROVING 2022/23 MID-YEAR BUDGET ADJUSTMENTS AND REVISED STAFF ALLOCATION SCHEDULE RECOMMENDATION: 1. Adopt Resolution approving mid-year budget adjustments for the Fiscal Year ending June 30, 2023. 2. Adopt Resolution approving revised staff allocation schedule for the Fiscal Year ending June 30, 2023. BACKGROUND/ANALYSIS: Throughout the budget cycle, staff actively monitors actual revenues and expenditures and prepares a report to the City Council at mid-year. The update provides staff with the opportunity to advise Council on major budget trends (revenue and expenditure) and propose changes where necessary to meet ongoing service demands or modifications related to economic or other factors. This report provides an update for the General Fund Operating Budget for Fiscal Year 2022-23, and outlines proposed budget adjustments for both general and other funds. Based on staff’s analysis, budget revisions are recommended to 1) implement required technical/rebalancing actions to align existing revenue estimates and expenditure budgets with the most current tracking information, 2) reallocate funding among appropriations based on updated needs; 3) implement technical and net-zero adjustments between revenue categories and expenditure appropriations; and 4) account for new or adjusted grants, reimbursements, or fees. DISCUSSION: On June 24, 2022, the City Council approved the City’s FY 2022-23 budget with an estimated revenue surplus of $4,152 in the City’s General Fund. While the original estimates considered the continued economic challenges stemming from the Pandemic on the City’s operating budgets, the projected revenue growth was challenging to ascertain given anomalies we have seen post-pandemic. The major revenue sources continue to trend as budgeted in the General Fund including Sales Tax, Transient Occupancy Tax, and Property Tax. Our permits and fees have seen increases related to current development activity in the City. We do however see a substantial decline in Cannabis Tax (Special Fund), which will reduce the anticipated transfer into the General Fund this year. Overall, we anticipate an additional net increase of $792,000 for a total estimated surplus of $796,152 for FY 2022-23. Item 2A-1 City of Palm Desert 2022/23 Mid-Year Budget Adjustments Page 2 of 6 General Fund Revenues The original estimate for FY 2022-23 General Fund revenues was $71,180,581 which represented an increase of approximately $15.67 million (28%) over the FY 2021-22 budget. This estimate was based on recovery indicators and anticipated development activity within the City. What was not known at that time was the impact Cannabis would experience coming out of the Pandemic/lock down. Staff has continued to evaluate the actual year-to-date revenues and determined that the original estimates need to be increased slightly in the amount of $792k (1.1%) over the original projected revenues. The net increase includes a 25% reduction to the budgeted Transfer In from the Cannabis special fund, based on actuals-to-date. This adjustment is small given the total budget, however, to remain transparent, the breakdown is included below: General Fund Expenditures The original estimate for FY 22-23 General Fund appropriations was $71,180,581 which represents an approximate increase of $8.67 million (14%) compared to FY 2022-23. The original projections included increases in professional services costs, personnel services and benefits related to the classification and compensation study (C&C), and the cost of contracts due to anticipated labor increases, supply chain issues, and material costs as well as the effects of increased minimum wage. No increase to appropriations is being requested for the General Fund. Staff is requesting authorization to reallocate funding among appropriations based on updated needs in order to achieve a net-zero adjustment between line items. The table below itemizes the request by department and includes adjustments for personnel expenses related to COLA and C&C, GENERAL FUND CATEGORY ORIGINAL BUDGET PROPOSED ADJUSTMENT REQUEST REVISED BUDGET REQUEST Revenue Building Permits 900,000 600,000 1,500,000 ROW Encroachment 40,000 160,000 200,000 Plan Check Fees 335,500 264,500 600,000 Restitution Damage 10,000 110,000 120,000 Interfund Op Tr In 3,604,700 (795,000) 2,809,700 Sale Of Fixed Assets - 452,500 452,500 792,000 Item 2A-2 City of Palm Desert 2022/23 Mid-Year Budget Adjustments Page 3 of 6 professional services related to 2022 Goals, engineering, building official duties, plan check, inspections, real estate services, and design related to the Rail Station project. Department Original Budget Midyear Adjustment Revised Budget 4110 City Council - 110 291,198 52,880 344,078 4111 City Clerk 886,160 198,066 1,084,226 4112 Legislative Advocacy 39,655 39,655 4114 Elections 326,500 326,500 4120 City Attorney 304,337 304,337 4121 Legal Services 309,986 100,000 409,986 4130 City Manager 1,184,119 (4,169) 1,179,950 4150 Finance 2,114,050 345,700 2,459,750 4151 Independent Audit 90,000 27,000 117,000 4154 Human Resources 798,160 368,050 1,166,210 4159 General Services 7,244,134 (2,831,748) 4,412,386 4190 Information Technology 2,319,961 77,550 2,397,511 4191 Unemployment Insurance 10,000 10,000 4192 Insurance 1,124,000 1,124,000 4199 Interfund Transfers 8,106,823 8,106,823 4210 Police Services 20,976,865 20,976,865 4211 Community Safety 435,000 435,000 4230 Animal Regulation 336,977 336,977 4250 Public Works - Street Lights/Traffic Safety 1,181,900 4,215 1,186,115 4300 Public Works Administration 3,056,050 (321,000) 2,735,050 4310 Public Works Streets Maintenance 2,083,750 78,650 2,162,400 4311-15 Public Works - Streets Resurfacing 765,000 765,000 4330 Public Works -Corp Yard 163,000 13,500 176,500 4331 Auto/Fleet Equipment 299,000 15,000 314,000 4340 Public Buildings Maintenance 899,500 182,400 1,081,900 4344 Portola Community Center 192,000 192,000 4396 NPDES Storm Water 65,000 65,000 4416 Community Promotions 377,500 377,500 4417 Marketing 1,818,030 (62,050) 1,755,980 4419 Visitor Services 12,930 12,930 4420 Building and Safety 1,483,239 252,886 1,736,125 4421 Permit Center 551,200 145,450 696,650 4422 Code Enforcement 1,084,700 14,900 1,099,600 4430 Economic Development 993,200 1,312,375 2,305,575 4470 Planning and Community Development 1,929,500 (234,900) 1,694,600 4610 Civic Center Park 1,752,200 - 1,752,200 4611 Park Maintenance 1,196,000 1,196,000 4614 Landscaping Services 2,729,305 190,245 2,919,550 4618 City Wide Park Improvements 145,000 145,000 4674 Civic Center Park Improvements 60,000 60,000 4800 Contributions 1,440,500 75,000 1,515,500 4950 Property Acquisition - - 71,176,429 0 71,176,429 Item 2A-3 City of Palm Desert 2022/23 Mid-Year Budget Adjustments Page 4 of 6 Other Funds Like the General Fund, the Other Governmental Funds require adjustments to 1) implement required technical/rebalancing actions to align existing revenue estimates and expenditure budgets with the most current tracking information, 2) reallocate funding among appropriations based on updated needs; and 3) implement a number of technical and net-zero adjustments between revenue categories and expenditure appropriations. Other governmental funds include transportation, signalization, parks, drainage, fire facility fees, housing mitigation, art in public places, childcare facilities, grant funds, recycling, aquatic center, enterprise funds (including Desert Willow and Parkview Office Complex), capital improvement funds, internal service funds, debt service, assessment districts, landscape and lighting districts and housing authority funds. Estimated revenues for 22/23 for Other Funds were approved at $71,301,313 with an appropriation of $80,305,009. The variance of $9,003,696 was to be covered by Fund Balance. Following staff’s analysis, we anticipate an additional amount of Item 2A-4 City of Palm Desert 2022/23 Mid-Year Budget Adjustments Page 5 of 6 $883,822 to be covered by Fund Balance in Other Funds. Most of the net increase is related to the changes in the Fire Service costs following the State labor negotiations, as well as reduced Cannabis Tax Collection. Breakdown of the net adjustments being requested for Other Funds: Fiscal Impact In addition to the above requests, during the year the City Council has approved $13,172,637 in appropriations to the General Fund from Unassigned Reserve Funds. Although the City Manager is authorized to make intra- and inter-departmental adjustments as well as intra- and inter-fund adjustments to meet City needs and/or adjust staffing, this request is being brought to Council to maintain transparency and update budgets to accommodate actual needs. These adjustments have taken into consideration the City Manager’s authorization to adjust staff. An updated Staff Allocation Resolution is included in the packet to support any changes made since approval of the Classification and Compensation Study in August 2022. The result of the revised revenue estimates and added appropriations estimates indicate that reserve funds will not be needed to fund the City’s General Fund operations this fiscal year. Other Funds will however require the use of Fund Balance. Original Budget Mid-Year Adjustment Needed Revised Mid-Year Budget Approp from FB thru 1/26/23 Total 22/23 Appropriations Other Fund Revenues 71,301,313 1,505,412 72,806,725 72,806,725 Anticipated Use of Fund Balance 9,003,696 883,822 9,887,518 - Other Fund Appropriations 80,305,009 2,389,234 82,694,243 82,694,243 Surplus/(Deficit)- - - - (9,887,518) Other Fund Revenue Adjustment Expenditure Adjustment Net Request Fire Services 1,052,910 (1,052,910) Cannabis Tax (795,000) (795,000) North Sphere Park 8,400 (8,400) Aquatic Facility - - El Paseo BID 41,000 (41,000) Desert Willow 1,248,265 403,838 844,427 PDRFC 1,059,047 889,986 169,061 Fleet - - Housing (6,900) (6,900) - Housing Authority - Housing Asset Fund - - 1,505,412 2,389,234 (883,822) Item 2A-5 City of Palm Desert 2022/23 Mid-Year Budget Adjustments Page 6 of 6 REVIEWED BY: Department Director: Veronica Chavez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution Approving 2022/23 Mid-Year Budget Adjustments 2. Resolution Approving Revised Staff Allocation REVISED GENERAL FUND REVENUE AND EXPENDITURES REVISED OTHER FUND REVENUE AND EXPENDITURES Original General Fund Revenue Budget 71,180,581 Original Other Fund Revenue Budget 71,301,313 Requested Adjustments 792,000 Anticipated Use of Fund Balance 9,887,518 Requested Adjustments 1,505,412 Revised General Fund Revenue 71,972,581 Revised Other Fund Revenue 82,694,243 Original General Fund Appropriations 71,176,429 Original Other Fund Appropriations 80,305,009 Requested Adjustments - Requested Adjustments 2,389,234 Revised General Fund Appropriations 71,176,429 Revised Other Fund Appropriations 82,694,243 Revised General fund Revenue Over/(Under) Expenditu 796,152 Revised Other fund Revenue Over/(Under) Expenditures - Item 2A-6 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AUTHORIZED CLASSIFICATIONS AND ALLOCATED POSITIONS INCLUDED HEREIN ATTACHED AS EXHIBIT “A” AND RESCINDING RESOLUTION NO. 2022-73 WHEREAS, the City of Palm Desert identifies employees by classifications and groups for the purpose of salary and benefit administration; and WHEREAS, the City of Palm Desert has met and conferred in good faith with the Palm Desert Employees Organization (PDEO) in accordance with the Meyers-Milias- Brown Act and the City’s Employer-Employee Relations Ordinance; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: SECTION I - ALLOCATED POSITIONS AND AUTHORIZED CLASSIFICATIONS The City of Palm Desert’s Personnel System, Section 2.52 of the Palm Desert Municipal Code prescribes specific terms for appointment and tenure of all City employees. Exhibit A contains the tables of salary ranges that will be retroactively effective to July 1, 2022. The City Manager is annually authorized to modify the Allocated Classifications, Positions and Salary Schedule during each fiscal year that he determines are reasonably necessary or appropriate for business necessity including, without limitation, the implementation of title and responsibility changes, any minimum wage laws, use of over-hires for training, limited term student internships and modification of vacant positions in so far as such modifications do not exceed the adopted 2022-23 budget. Such modifications have been included in the resolution and accompanying allocated positions; however, it may be necessary to modify them again based on the business necessity of the City. SECTION II – PERSONNEL GROUPS/DESIGNATIONS The City assigns classifications to designated groups for the purposes of defining exempt status, benefits allocation and purchasing authority. These classifications, (listed in the table below), are categorized as follows: Item 2A-7 Resolution No. 2023-_____ Page 2 Title Exempt Group Executive Contract At Will City Manager X Yes Ye s Assistant City Manager X Yes Ye s City Clerk X Yes Ye s Director of Development Services X Yes Ye s Director of Finance/City Treasurer A Yes Ye s Director of Public Works X No No Director of Economic Development A Yes Ye s Accounting Manager B No No Assistant Engineer B No No Assistant Planner B No No Assistant City Clerk B No No Assistant to the City Manager B No No Associate Planner B No No Chief Building Official B No No City Engineer B No No Code Compliance Supervisor B No No Communications Analyst B No No Community Services Manager B No No Deputy City Treasurer B No No Deputy Director of Economic Development B No No Deputy Director of Development Services B No No Deputy Director of Public Works B No No Deputy Finance Director B No No Finance Manager B No No Human Resources Manager B No No Information Systems Manager B No No Landscape Supervisor B No No Maintenance Facilities Supervisor B No No Management Analyst B No No Permit Center Supervisor B No No Principal Planner B No No Project Manager B No No Public Affairs Manager B No No Senior Engineer B No No Senior Management Analyst B No No Senior Planner B No No Senior Project Manager B No No Streets Maintenance Supervisor B No No Transportation Manager B No No Executive Assistant (City Manager)C No No Human Resources Analyst C No No Item 2A-8 Resolution No. 2023-_____ Page 3 Group X: Executive Contract Positions: The classifications designated as Group X, Executive Contract, have the highest level of executive responsibility and authority; these positions are governed by individual employment agreements. Group A: Directors and Department Heads The classifications designated as Group A have a higher level of responsibility and authority and they are exempt from overtime provisions as defined by the Fair Labor Standards Act and set forth in the Personnel Rules and Regulations, Section 2.52.305. They may be At Will and governed by employment agreements. Among other things, these positions require spending numerous extra hours at meetings, conferences and work. Group B: Mid-Management/Professional The classifications designated as Group B are managerial, supervisorial or professional in nature and they are exempt from overtime provisions as defined by the Fair Labor Standards Act and set forth in the Personnel Rules and Regulations, Section 2.52.305. Among other things, these positions require spending occasional extra hours at meetings, conferences and work. Group C: Confidential The classifications designated as Group C are professional in nature and they are exempt from overtime provisions as defined by the Fair Labor Standards Act and set forth in the Personnel Rules and Regulations, Section 2.52.305. Among other things, these positions require spending occasional extra hours at meetings, conferences and work. These positions also assist and act in a confidential capacity to persons who formulate, determine, and effectuate management policies with regard to labor relations, and are defined as “Confidential” in the Personnel Rules and Regulations, Section 2.53.100. ADOPTED ON FEBRUARY 16, 2023. KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK Item 2A-9 Resolution No. 2023-_____ Page 4 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on February 16, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _____________________. ANTHONY J. MEJIA CITY CLERK Item 2A-10 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 BUDGET AS A RESULT OF MID-YEAR ADJUSTMENTS WHEREAS, as a result of a mid-year review, it is desirable to revise the FY 2022- 23 Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the FY 2022-23 Budget is hereby revised as follows: SECTION 1. Each of the amounts shown in Exhibit A, attached hereto, in the General Fund Revenue column entitled “Revised Budget Request”, are hereby accepted as the revised Estimated Revenues for the identified revenue categories. SECTION 2. Each of the amounts shown in Exhibit A, attached hereto, in the General Fund Expenditure column entitled "Revised Budget Request", are hereby adjusted and appropriated to the departments, activities and projects identified therein as the revised budgets. ADOPTED ON FEBRUARY 16, 2023. ________ KATHLEEN KELLY MAYOR ATTEST: _____________ ANTHONY MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on February 16, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________. ANTHONY J. MEJIA CITY CLERK Item 2A-11 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Salary Grade Exempt Status Notes: City Manager 1 CM Exempt X Assistant City Manager 1 72 Exempt X City Engineer 1 70 Exempt B Management Analyst I/II / Assistant to the City Manager 1 40/42/54 Exempt B Executive Assistant 1 36 Non-Exempt C 4130 5 Human Resources HR Manager 1 61 Exempt B Senior Administrative Assistant 1 34 Non-Exempt Human Resources Analyst I/II 2 40/42 Exempt C 4154 4 City Clerk 1 65 Exempt X Assistant City Clerk 1 46 Exempt B Administrative Assistant - City Council 1 28/32 Non-Exempt Receptionist 1 20 Non-Exempt Records Coordinator 1 38 Non-Exempt Senior Deputy Clerk 1 38 Non-Exempt Deputy Clerk I/II 1 34/36 Non-Exempt 4111 7 Total City Manager 16 Finance Director of Finance/City Treasurer 1 70 Exempt X Deputy Director of Finance 2 63 Exempt B Finance Supervisor 1 46 Exempt B Senior Contracts and Grants Analyst 1 46 Exempt B Management Analyst I 1 40 Exempt B Buyer 1 40 Non-Exempt Accountant 2 43 Non-Exempt Administrative Assistant I/II 2 28/32 Non-Exempt Accounting Technician I/II 6 28/32 Non-Exempt 4150 17 Information Technology Information Systems Manager 1 61 Exempt B Senior Information Systems Administrator 1 48 Non-Exempt Senior Network Engineer 1 48 Non-Exempt Senior GIS Admin 1 47 Non-Exempt Biz Systems Enterprise 1 42 Non-Exempt 4190 5 Total Finance 22 Director, Econ Development 1 70 Exempt X CITY MANAGER City Clerk FINANCE Economic Development Page 1 of 3 Effective July 1, 2022 Item 2A-12 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Salary Grade Exempt Status Notes: Deputy Director, Econ Development 1 63 Exempt B Management Analyst I/II 2 40/42 Exempt B Administrative Assistant I/II - Econ. Dvlpt.1 28/32 Non-Exempt 4430 5 Special Programs Special Events Coordinator 1 42 Exempt B Management Analyst I/II- Environmental 1 40/42 Exempt B Management Analyst I/II - Art 1 40/42 Exempt B Administrative Assistant I/II - Special Programs 1 28/32 Non-Exempt 4430 4 Affordable Housing Housing Manager 1 51 Exempt B Management Analyst I/II 1 40/42 Exempt B Administrative Assistant I/II / Housing Program Tech 1 28/32/34 Non-Exempt 870-4195 3 Public Affairs Public Affairs Manager 1 56 Exempt B Communications Analyst I/II 2 40/42 Exempt B Marketing Specialist 1 28 Non-Exempt Office Assistant I/II 1 20/24 Non-Exempt 4417 5 TotalEconomic Development 14 Development Services /Planning/Engineering Director of Development Services 1 70 Exempt X Dep Dir of Development Services 1 63 Exempt B Executive Assistant 1 36 Non-Exempt Principal Planner 1 53 Exempt B Senior Planner 1 46 Exempt B Assistant Planner 2 36 Exempt B Land Development Technician 1 38 Non-Exempt Senior Administrative Assistant 1 34 Non-Exempt 4470 9 Building & Safety Chief Building Official 1 61 Exempt B Senior Building Inspector 2 42 Non-Exempt Building Inspector I/II 3 34/38 Non-Exempt Administrative Assistant I/II - B&S 1 28/32 Non-Exempt Office Assistant I/II 1 20/24 Non-Exempt 4420 8 Code Compliance Code Compliance Supervisor 1 46 Exempt B Code Compliance Officer I/II 4 30/34 Non-Exempt Code Compliance Specialist 1 34 Non-Exempt Office Assistant II 1 20/24 Non-Exempt DEVELOPMENT SERVICES Page 2 of 3 Effective July 1, 2022 Item 2A-13 FY 2022-2023 City of Palm Desert Allocated Positions Resolution No. 2022-____ Exhibit "A" Classification Allocated Positions Salary Grade Exempt Status Notes: 4422 7 Palm Desert Permit Center Permit Center Supervisor 1 46 Exempt B Permit Technician I/II 4 28/32 Non-Exempt 4421 5 Total Development Services 32 Director of Public Works 1 70 Exempt X Deputy Director of Public Works 2 63 Exempt B Senior Project Manager 1 50 Exempt B Project Manager 3 48 Exempt B Senior Management Analyst 1 45 Exempt B Public Works Inspector I/II 2 30/34 Non-Exempt Administrative Assistant I/II 2 28/32 Non-Exempt Office Assistant I/II 1 20/24 Non-Exempt 4300 13 Community Services Community Services Mger 1 51 Exempt B Senior Management Analyst 1 45 Exempt B Landscape Inspector 3 34 Non-Exempt 4614 5 Facilities Management Management Analyst I/II 1 40/42 Exempt B Facilities Specialist 2 36 Non-Exempt Project Technician 1 34 Non-Exempt 4340 4 Streets Maintenance Streets Maintenance Supervisor 1 46 Exempt B Administrative Assistant I/II 1 28/32 Non-Exempt Senior Maintenance Worker 1 40 Non-Exempt Maintenance Worker III 3 36 Non-Exempt Maintenance Worker I/II 7 28/32 Non-Exempt 4310 13 Traffic Signal Maintenance Transportation Manager 1 52 Exempt B Traffic Signal Specialist 1 44 Non-Exempt Traffic Signal Technician I/II 2 34/38 Non-Exempt 4310 4 Total Public Works 39 TOTAL ALLOCATED POSITIONS 123 PUBLIC WORKS Page 3 of 3 Effective July 1, 2022 Item 2A-14 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: INTRODUCTION OF AN ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLAIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR THE CITY’S BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES RECOMMENDATION: Waive further reading and introduce an ordinance amending the Palm Desert Municipal Code to update, clarify, and codify bylaws and general provisions for the City’s boards, commissions, committees, and task forces. BACKGROUND/ANALYSIS: In November 2020, the City Council considered and directed staff to move forward with a series of recommendations relating to the City’s boards, commissions, committees, and task forces (“Appointed Bodies”). These recommendations resulted in the request to review and consolidate appointed bodies bylaws and to create general provisions applicable to all appointed bodies. A City Council subcommittee consisting of Kathleen Kelly and Jan Harnik worked closely with staff and the City Attorney’s Office in the preparation of the proposed ordinance. For City Council’s consideration is a proposed ordinance which would rescind existing bylaws and codify all bylaws into the Palm Desert Municipal Code (“Code”). In addition, the proposed ordinance establishes general provisions applicable to all appointed bodies. Common Terminology To better communicate the roles and responsibilities of each appointed body, the proposed ordinance renames certain appointed bodies in the following ways: • Appointed Bodies: To be used when collectively referring to the City’s boards, commissions, committees, and task forces. • Boards & Commissions: These terms should be designated for appointed bodies which have final approval authority unless appealed. • Committees & Task Forces: These terms should be designated for appointed bodies which are advisory to the City Council or another legislative body. Based on these definitions, it is recommended that the Public Safety Commission and Parks and Recreation Commission be renamed to committees and that the Cultural Arts Committee remain a committee. Item 2B-1 City of Palm Desert Board, Commission, Committee & Task Force Bylaws and General Provisions Page 2 of 3 Summary of Significant Changes • Appointments: The existing code allows for a member to continue to serve past their term expiration, at the request of the City Council, until the member is reappointed or a successor is appointed. To streamline the timeliness of this process, it is recommended that a member term automatically be extended until the member is reappointed or a successor is appointed (see Section 2.34.040[A]). • Alternate Members: Where bylaws may have required a certain number of alternate members, the proposed ordinance eliminates any requirement and instead allows the City Council to appoint alternate members at its discretion (See Section 2.34.060[B]). • Ex Officio Members: Clarifies that the City Council or City Manager may designate ex officio members (see Section 2.34.060[C]). • Staff Liaison/Recording Secretary: Defines the roles and responsibilities of the staff liaison and recording secretary (see Section 2.34.060[D]). • Quorum Requirements: Defines that a majority of voting members shall constitute a quorum, except where the bylaws provide for a membership up to a certain number of voting members, then a quorum shall be a majority of the appointed voting members (see Section 2.34.070[F]). • Unexcused Absences: Based on the existing regulations, when a member reaches a maximum number of unexcused absences, the member is subject to automatic resignation. The proposed amendment creates a process in which the City Clerk will notify the member and provide a 15-day grace period for the member to request waiver of any unexcused absence from the mayor, after which the resignation shall be deemed automatic (see Section 2.34.100[B][5]). • Failure to Comply with Law: To ensure compliance with federal, state, and local laws related to mandatory trainings and disclosure reports, this provision would create a process in which the City Clerk would provide a written certification to a member that at least three (3) written notifications were sent and provide a final 5-day grace period after which the member would be suspended for failure to comply with law (see Section 2.34.100[F]). Future Reorganization of Chapter 2, Administration and Personnel The existing code contains the bylaws of certain appointed bodies without any order and this proposed ordinance inserts uncodified bylaws in unused sections. Staff intends to return to the City Council with a future ordinance to reorganize Chapter 2, Administration and Personnel, with the general provisions followed by each appointed bodies bylaws in alphabetical order to the extent practicable. However, an extensive and detailed analysis must be undertaken to ensure that all cross references within the code are updated. FINANCIAL IMPACT: There is minimal fiscal impact associated with the publication of the proposed ordinance. Item 2B-2 City of Palm Desert Board, Commission, Committee & Task Force Bylaws and General Provisions Page 3 of 3 REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft Ordinance – Redline & Clean Versions Item 2B-3 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES The City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1. Addition to Municipal Code. Chapter 2.14 Marketing Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.14 MARKETING COMMITTEE 2.14.010 Established. A Marketing Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there are any conflicts between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.14.020 Purpose. Marketing Committee members shall serve as a conduit for information between their own professional network and the City in terms of industry trends, local promotion ideas, and business activity and projections as they relate to tourism. Members are to advise the City regarding the best method of planning and implementing a marketing and advertising program and to closely monitor that program and its related budget. 2.14.030 Members. The Marketing Committee shall be comprised of up to seven (7) members and should represent a cross section of the community as it relates to tourism. Each Committee member should represent one of these categories: large hotel; small hotel; large retailer; small retailer; shopping center; restaurant; cultural, visual, or performing arts; real estate; local attraction; or marketing professional. 2.14.040 Meetings. The Marketing Committee may hold bi-monthly regular meetings at such day, time, and place as set by Committee resolution or minute order. 2.14.050 Responsibilities. Item 2B-4 The Marketing Committee has the following responsibilities: A. Review, monitor, and evaluate the City’s marketing, advertising, and public relations efforts including the annual marketing plan, media plans, and related budgets. B. Review print, radio, digital, and social media advertising and collateral materials produced by the City or its representatives. C. Monitor the City’s website to ensure it is utilized to its fullest potential in the promotion of the City and its marketing/tourism goals. D. Review and make recommendations on requests for financial support for special events and activities. E. Make recommendations about the selection of consultants and agencies providing professional marketing/advertising services required by the City.” Section 2. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.16 Audit, Investment and Finance Committee of Title 2 Administration and Personnel, is hereby renamed “Chapter 2.16 Finance Committee” and amended as follows: “CHAPTER 2.16 FINANCE COMMITTEE 2.16.010 Established. A Finance Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.16.020 Purpose. The Finance Committee shall advise the city council and work to promote and enhance fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for city council consideration. 2.16.030 Members. The Finance Committee shall be comprised of up to seven (7) members: two (2) city council members appointed by the mayor and up to five (5) community members appointed by the city council by majority vote. 2.16.040 Meetings. The Finance Committee may have quarterly regular meetings at such day, time, and place as set by Committee resolution or minute order. 2.16.050 Responsibilities. Item 2B-5 The Finance Committee reviews and, if necessary, advises the city council on auditing and internal controls; financial reporting; investments; municipal debt and refunding; and such other functions as the city council may request.” Section 3. Addition to Municipal Code. Chapter 2.18 Building Board of Appeals is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.18 BUILDING BOARD OF APPEALS 2.18.010 Established. The Building Board of Appeals and Condemnation (“Building Board”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Board, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.18.020 Purpose. The Building Board hears appeals regarding the interpretation of the California Building Code, and condemnation and abatement of dangerous structures. The Building Board may ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code. 2.18.030 Members. The Building Board shall be comprised of five (5) community members. 2.18.040 Meetings/Appeal Hearings. A. The Building Board meetings will be scheduled as needed when letters of appeal from Building Officer decisions are received. B. The Building Board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting. C. Requests for hearings must be scheduled at least ten (10) days prior to such hearing. D. If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the Building Board, said party shall so inform the Building Board secretary in writing at the time the appeal is filed. Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument. E. The Building Board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified. Item 2B-6 F. The decision of the Building Board on an appeal shall be become final, unless appealed to the city council within five (5) business days.” Section 4. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.20 Planning Commission of Title 2 Administration and Personnel is hereby amended as follows: “Chapter 2.20 PLANNING COMMISSION 2.20.010 Established. Pursuant to the provisions of Section 65100 of the Government Code requiring each city to establish a planning agency, a Planning Commission (“Commission”) is established and designated as the planning agency of the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Commission, except as otherwise required by state law. If there is any conflict or inconsistency between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. 2.20.020 Members. The Planning Commission shall consist of five (5) regular members. 2.20.030 Meetings. The Planning Commission may hold two (2) regular meetings per month at such day, time, and place as set by Commission resolution or minute order. 2.20.040 Responsibilities. The Planning Commission has the following responsibilities: A. Prepare, adopt, and recommend to the city council a general plan for the City; B. Periodically review, adopt, and recommend revisions to the city council of the general plan; C. Prepare, adopt, and recommend to the city council such specific plans as may be necessary or desirable to carry out the objectives of the general plan; D. Prepare, adopt, and recommend to the city council drafts of regulations as may in its judgment be required for the systematic execution of the general plan; E. Act as the advisory agency to the city council in connection with the administration of the State Map Act and Environmental Quality Act of 1970; F. Periodically review and recommend to the city council regarding the capital improvement program of the City; Item 2B-7 G. Perform such other functions as the city council may provide or as may be imposed by law. Section 5. Addition to Municipal Code. Chapter 2.22 Architectural Review Commission (ARC) is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “2.22 ARCHITECTURAL REVIEW COMMISSION 2.22.010 Established. The Architectural Review Commission (“Commission”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Commission, except as otherwise required by state law. If there are any conflicts between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.22.020 Purpose. The Architectural Review Commission reviews the building architecture and landscape design of commercial, office, industrial, and residential development, deviations, or otherwise as stated in the municipal code and modifications to previously approved projects to assure compatibility with the City's policies and objectives. 2.22.030 Members. A. The Architectural Review Commission shall consist of seven (7) regular members. B. At all times the Commission shall strive to maintain a membership composition that includes the following professionals: 1. Architect, three (3) members; 2. Landscape Architect/Designer, one (1) member; And may include three (3) members of the following: 3. Development Industry professional; 4. Member of the public who represents the community at large and is knowledgeable in the design or architectural field; 5. Nonresident with professional expertise as an Architect or Landscape Architect/Designer. 2.22.040 Meetings. A. The Architectural Review Commission may hold two (2) regular meetings Item 2B-8 per month at such date, time, and place as set by Commission resolution or minute order. 2.22.050 Disqualification of members for interest in properties. A. Any commission member who is employed to execute a plan, building, or structure of any kind requiring commission approval or who will take part in competition for any such building or structure, shall be disqualified from voting, recuse oneself, and step down from proceedings on that item. B. Commission members with projects before the ARC shall file projects under the same rules, procedures, and guidelines as set forth in Chapter 25 of this code. 2.22.060 Responsibilities. The Architectural Review Commission has the following responsibilities: A. Review and make recommendations to the Planning Commission for precise plans, development plans, conditional use permits, variances, and planned community developments, and/or as otherwise indicated in Section 25.60.070; B. Conduct final approval for design review and sign design review pursuant to Chapter 25.68, and/or as otherwise indicated in Chapter 25.60.070; C. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; D. Ensure the architectural design of buildings or structures and landscaping developed areas and open spaces are visually harmonious with surrounding development and the natural environments; E. Promote high quality aesthetics and visual interest when considering developments to attain the most desirable use of land and improvements; and F. Encourage the development of private and public property in harmony with the desired character of the City and in conformance with the guidelines provided in Title 25 (Zoning) with due regard for the public and private interests involved.” Section 6. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.34 Committee/Commission Member Requirements of Title 2 Administration and Personnel is hereby renamed “Chapter 2.34 Boards, Commissions, Committees, and Task Forces – General Provisions,” and is amended as follows: “Chapter 2.34 BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES – GENERAL PROVISIONS 2.34.010 Purpose. The purpose of this chapter is to provide uniform general regulations applicable to Item 2B-9 all city council established boards, commissions, committees, and task forces (“appointed bodies”). 2.34.020 Applicability. A. The provisions of this chapter shall apply to every appointed body whether it is established by ordinance, resolution, or otherwise. In the event any provision of this chapter conflicts with a specific provision of an ordinance or resolution establishing a specific appointed body or the appointed body’s bylaws, such specific provision shall control. B. The city council may create by ordinance or resolution any appointed body as it deems necessary and may grant powers and duties to said appointed body. 2.34.030 Eligibility. A. Residency Requirement. Residency within the city limits of Palm Desert shall be a requirement for appointment to an appointed body except as otherwise stated in the appointed body bylaws or in cases where the city council deems it appropriate to appoint a nonresident to an appointed body that needs specific expertise offered by a nonresident. B. City Employees. City employees are not eligible to serve as a member on an appointed body. C. Relatives. A relative of a city employee or city council member shall not serve on any appointed body if it could entail reviewing one another’s work. 1. “Relative” includes mother, father, sister, brother, spouse, domestic partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first cousin, nieces, and nephews. 2. “Review” means the appointed body has oversight responsibilities, such as the Finance Committee, or its decision may be appealed to the city council; however, it does not include the routine sending of recommendations from the appointed body to the city council. 2.34.040 Appointments, terms of office, vacancies. A. Appointments. The city council will oversee the application, interview, and appointment process for appointed body members. Each appointment will be made by a majority vote of the city council. The beginning date for all terms of appointment to any appointed body will be July 1 and the ending date will be June 30, except for appointments made to fill unexpired terms of office, or appointments made to fill new positions created during the year, but which will all be ultimately based upon the fiscal year thereafter. Following expiration of the term of office, each member shall continue to serve until the member is reappointed or a successor is qualified and appointed. Item 2B-10 B. Term of Office. All terms of office for regular and alternate members will be four years, unless otherwise specified in the bylaws. Each member shall be eligible for reappointment at the discretion of the city council, recognizing; however, that it is the city’s goal to allow as many qualified and willing individuals as possible an opportunity to serve their community. C. Vacancies. If a vacancy occurs before the expiration of a term, the city council may appoint a member for the unexpired term pursuant to subsection A of this section. D. Initial Terms. For new appointed bodies, the initial appointments shall be staggered so that approximately half of the members serve an initial two-year term and thereafter, if reappointed, a four year term; the remainder of the members shall serve a four year term. 2.34.050 Organization and bylaws. A. Officers. At the first meeting following July 1st, appointed bodies shall elect a chairperson and vice chairperson for a one-year term. The chairperson shall preside over all meetings. The vice chairperson shall preside in the chairperson’s absence. In the chairperson’s and vice chairperson’s absence, the appointed body may designate a presiding officer. Vacancies in either the chairperson or vice chairperson position occurring prior to July may be chosen at any time by a majority vote of the appointed body. B. Bylaw Amendment. Each appointed body may review and propose amendments to its own bylaws, provided that such bylaws are not in conflict with any provisions of federal, state, or local law. Bylaws shall be submitted to the city council for approval. 2.34.060 Members, secretary, and liaisons. A. Regular Members. The number of regular members of each appointed body shall be established by city council ordinance or resolution. B. Alternate Members. The city council; by ordinance, resolution, or minute order; may establish a certain number of alternate members for any appointed body. Alternate member(s) may attend appointed body meetings as a nonvoting, nonparticipating member. In the event of an absence of a regular member, the alternate member may sit with the appointed body as a voting, participating member. Alternate members are exempt from the attendance requirements set for in Section 2.34.100 of this code. C. Ex Officio Members. The city council or city manager may designate ex officio members to an appointed body. The ex officio member may participate in the discussion as permitted by the chairperson, but they do not count towards a quorum nor cast any votes. Item 2B-11 D. Staff Liaison and Recording Secretary. The city manager may designate a staff liaison and recording secretary for each appointed body. The staff liaison shall aid and support the appointed body; provide information about relevant city policies and procedures; facilitate communication between the appointed body and city council; and keep the city manager informed of appointed body activities. The recording secretary shall prepare and post agendas, keep meeting minutes, manage and retain related documents, and forward a copy of meeting minutes to the city clerk. E. City Council Liaison. The city council may designate a city council member as a liaison to an appointed body. City council liaisons facilitate communication between the city council and appointed bodies. A city council liaison is not a member nor advocate of the appointed body and does not give direction or influence decisions but can assist and provide information. 2.34.070 Meetings and quorum. A. Regular Meetings. Regular meetings may be held at a day, time, and place established by resolution or minute order of the appointed body that may be amended from time to time. Regular meeting agendas shall be posted at least 72 hours ahead of the meeting. B. Special Meetings. Special meetings may be called by the chairperson or a majority of the appointed body. Special meeting agendas shall be noticed at least 24 hours ahead of the meeting. C. Emergency Meetings. Emergency meetings may be called if dire circumstances threaten public health or safety, if one-hour notice is given to media if requested. D. Meeting Cancelation. The staff liaison, in consultation with the chairperson, may cancel meetings in accordance with the Ralph M. Brown Act. E. Signing Authority. The presiding officer shall sign, and the secretary shall attest, to all resolutions and other documents that are adopted in the presiding officer’s presence. If the presiding officer is unavailable, an alternate presiding officer may sign such documents. F. Quorum. A majority of voting members shall constitute a quorum for the transaction of business, except where the bylaws provide for a membership up to a certain number of voting members, then a majority of appointed voting members shall constitute a quorum for the transaction of business. G. Decorum. Members shall be respectful of everyone present, practice civility and decorum in discussions and debates, and honor the role of the presiding officer in maintaining order. 2.34.080 Agenda management. Item 2B-12 A. Agenda Management. The staff liaison of each appointed body shall oversee approving and placing items on the agenda. B. Sponsoring an Agenda Item. Any regular member, including the chairperson, may request the staff liaison to agendize an item for a future meeting during a regular meeting, when supported by at least one other appointed body member. 2.34.090 Voting, motions, tie votes, and authorized representatives. A. Voting. Each regular member shall be entitled to one vote and should vote on every question presented unless disqualified by reason of a conflict of interest. B. Motions. Recommendations or actions will be made by motion, second, and a recorded vote. C. Majority and Tie Votes. A majority vote of the members present at a duly constituted meeting shall be required to carry a motion, proposal, or resolution. Tie votes shall be lost motions or “no action” and the matter voted upon may be subject to further consideration. D. Authorized Representatives. Under no circumstances shall any member take any action or make any statement committing the appointed body unless expressly authorized to do so by majority vote of the appointed body. 2.34.100 Absences, resignation, and removal. A. Absences. Regular members are expected to diligently attend and participate in all meetings. As far in advance of the meeting as practicable, a regular member requesting an excused absence shall submit said request to the staff liaison or recording secretary. An “excused absence” may be granted due to illness or injury, unexpected business, emergencies, important personal business, official City business, or any reasonable excuse that is approved by the appointed body. B. Unexcused Absences. Unexcused absences shall result in automatic resignation under the following circumstances: 1. Six unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet twice monthly. 2. Three unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet monthly. 3. Two unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet bimonthly. 4. One unexcused absence from regular meetings in any twelve-month period on appointed bodies that meet quarterly. Item 2B-13 5. Upon reaching the allowed number of unexecuted absences, the city clerk shall notify the regular member that they are subject to automatic resignation and shall provide a 15-day grace period for the member to request waiver of any unexcused absence from the mayor, after which the resignation shall be deemed automatic. C. Waiver of Unexecuted Absences. Upon written request by a member, the mayor may excuse an otherwise unexcused absence. D. Resignation. Any member may resign at any time by written notice to the city clerk, staff liaison, or recording secretary. E. Removal. Any member may be removed at any time, with or without cause, by a majority vote of the city council. F. Failure to Comply with Law. Except as otherwise provided by state law, any member failing to comply with mandatory training requirements or any public disclosure report required by federal, state, or local law by the established deadline shall have their service automatically suspended on the date that is five (5) calendar days following a written certification by the city clerk that three (3) written (including electronic communication) notifications had been provided to the member. A member’s service shall be immediately reinstated upon filing the public disclosure report or proof of training. 2.34.110 Addressing the appointed body. A. Recognition by Presiding Officer. Any person desiring to address the appointed body shall wait to be recognized by the presiding officer. After being recognized, the person will be asked to state their name and city of residence for the record and shall limit remarks to the question under discussion. All remarks and questions shall be addressed to the presiding officer and not to any individual member, staff member, or other person. No person shall enter into any discussion without being recognized by the presiding officer. B. Written Correspondence. The staff liaison or recording secretary is authorized to receive and open all mail addressed to an appointed body and give it immediate attention to the end that all administrative business referred to in said communications and not requiring appointed body action may be disposed of between meetings. Any communication related to an agenda item before an appointed body shall be distributed to the appointed body as soon as practicable and retained for the official record. C. Time Limit for Public Comment. Public comments will be limited to the time allowed on the meeting agenda unless additional time is granted by the presiding officer. Time limits may be waived or reduced by the presiding officer based on the number of speakers on any specific item when uniformly applied. A speaker may not defer their time to other speakers. 2.34.120 Compensation. Item 2B-14 All members serve without compensation, unless otherwise provided, but may be reimbursed for reasonable expenses in accordance with City policy.” Section 7. Addition to the Municipal Code. Chapter 2.58 Parks and Recreation Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.58 PARKS AND RECREATION COMMITTEE 2.58.010 Established. A Parks and Recreation Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.58.020 Members. The Parks and Recreation Committee shall be comprised of nine (9) regular members from the community. Additionally, a representative from Desert Recreation District, Family YMCA of the Desert, and any other organization that has an interest in parks and recreation are encouraged to attend. 2.58.030 Meetings. The Parks and Recreation Committee may hold monthly regular meetings at such date, time, and place as set by Committee resolution or minute order. 2.58.040 Responsibilities. The Parks and Recreation Committee has the following responsibilities: A. Master Plan. The Committee shall develop and maintain a City master plan for parks and recreation. B. Citizen Input. Obtain continuous citizen input as a means to quantifying the needs of the community. C. Public Access. Ensure convenient access and usability by all citizens of the community. D. Member Inspections. Each member will inspect an assigned park and report the condition and observations regarding improvements to city staff prior to the next scheduled meeting of each scheduled month. City staff will ensure reported problems are properly addressed. E. Liaisons. Members may be appointed by the Committee or city council to Item 2B-15 serve as a liaison with other counties, districts, cities, agencies, commissions, committees, organizations, or groups as may be appropriate. F. Advise and Recommend to city council. The Committee shall have the power to make recommendations to the city council in all matters pertaining to the creation, planning, acquisition, operation, maintenance, coordination, management, and control of all parks and recreation activities and facilities within the City of Palm Desert.” Section 8. Amendment to Municipal Code. Chapter 2.60 Public Safety Commission of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.60 PUBLIC SAFETY COMMITTEE 2.60.010 Established. The Public Safety Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.60.020 Purpose. The purpose of the Public Safety Committee is to act as an advisory committee to the city council, and to evaluate any public safety issues within the community brought to the committee’s attention by the city council, city staff, or residents and to make recommendations to the city council. 2.60.030 Members. A. The Public Safety Committee shall be comprised of seven (7) regular members. B. The membership shall ideally consist of the following: 1. One member who has a law enforcement background; 2. One member who has a fire protection background; 3. One member who represents the retail business community; 4. Four members who represent the community at large. 2.60.040 Meetings. The Public Safety Committee may hold monthly meetings at such day, time, and place as set by Committee resolution or minute order. 2.60.050 Responsibilities. Item 2B-16 The Public Safety Committee shall have the following responsibilities: A. Serve as liaison between the community leaders, citizens, and the public safety officials; B. Review plans, policies, budgets, and proposals for greater efficiency and effectiveness in the area of public safety; C. Provide annual oversight of the city’s contracts for public safety; D. Seek out and evaluate innovative program development for potential implementation in the City of Palm Desert; E. Make recommendations to the city council on programs to provide the highest quality of service possible to community members and business owners and operators; F. Periodically review the city’s disaster preparedness program; G. Review and recommend to the city council ordinances to protect the safety of the community; H. Prepare and make recommendations to the city council on general public safety issues; and I. Perform other functions as the city council may request or as may be imposed by law.” Section 8. Addition to Municipal Code. Chapter 2.62 Civic Engagement Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.62 CIVIC ENGAGEMENT COMMITTEE 2.62.010 Established. A Civic Engagement Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.62.020 Purpose. Members of the Civic Engagement Committee shall promote civic education and engagement to help residents better understand local government, to foster a positive sense of community, and to prepare the next generation of local government leaders. The Committee shall not serve as an adjudicatory body making findings about any specific Item 2B-17 grievance. 2.62.030 Members. The Civic Engagement Committee shall be comprised of up to twelve (12) members and should represent a cross section of the community. 2.62.040 Meetings. The Civic Engagement Committee may meet quarterly on a date, time, and place as set by Committee resolution or minute order. 2.62.050 Responsibilities. The Civic Engagement Committee has the following responsibilities: A. Research and explore civic engagement programs and resources that fully engage our entire community in the civic process and make suggestions to the city council; B. Recommend events and educational programs to increase good will throughout the community and enhance appreciation of diversity, participating in implementation of those programs as requested by the city council; C. Promote volunteer opportunities available in Palm Desert, both at the City and with community partner organizations; D. Provide input to the city council or city manager when requested on issues pertaining to inclusion and engagement of all residents.” Section 9. Amendment to Municipal Code. Chapter 2.64 Housing Commission of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.64 HOUSING COMMISSION 2.64.010 Housing authority established. Pursuant to resolution adopted on December 11, 1997, the city council (“city council”) of the City of Palm Desert (“City”) established the Palm Desert housing authority (“authority”) and declared itself to be the commissioners of the authority pursuant to the Housing Authorities Law (California Health and Safety Code Section 34200 et seq.). 2.64.020 Housing commission, created. Pursuant to Section 34291 of the Health and Safety Code of the State of California, a governing body of a city which has declared itself to be the commissioners of a housing authority may, by ordinance, create a housing commission. A housing commission is created and established. Such housing commission may be known and referred to as the Item 2B-18 “Palm Desert housing commission” or the “housing commission.” The provisions set forth in Chapter 2.34 shall apply to this commission, except as otherwise required by state law. If there is any conflict or inconsistency between the provisions of this chapter or the commission’s bylaws and those in Chapter 2.34, the provisions of this chapter and/or the bylaws will control. 2.64.030 Members. A. The housing commission shall consist of seven members who shall be residents of the city. Two of the members shall be appointed as tenants of the authority and one of the tenant appointments shall be over sixty-two years of age if the authority has tenants over that age. If a tenant appointment to the housing commission ceases to be a tenant of the authority, he or she shall be disqualified from being a member and another tenant of the authority shall be appointed by the city council to the remainder of the unexpired term. The successor to a tenant appointment shall be a tenant of the authority. B. Notwithstanding Section 2.34.030, a City officer or employee is eligible to serve on the housing commission, but only if such officer or employee does not exercise powers or duties in his or her office or employment that may conflict with the exercise of the independent judgment required to carry out the purposes of the authority. 2.64.040 Regular meetings. Regular meeting days of the housing commission shall be determined by resolution of the housing commission, except that the board shall meet at least once each month. 2.64.050 Duties. The housing commission shall have the power and be required to review and make recommendations on all matters to come before the authority prior to authority action, except emergency matters and matters which the housing authority, by resolution, excludes from the housing commission’s review. 2.64.060 Procedures for review and recommendation—Further functions. Before a matter is acted upon by the authority, the matter shall be submitted to the housing commission for its review and recommendation. Within thirty days after a matter is submitted to the housing commission for its review and recommendation, the housing commission shall make and file its report thereon with the authority. If the housing commission does not report upon the matter within thirty days after its submission by the authority, the housing commission shall be deemed to have waived its review and recommendations concerning the matter and the authority may thereafter approve the matter without the report of the housing commission. From time to time, the city council may, by ordinance or resolution, amend the procedures set forth in this section or provide for additional procedures for review and recommendation, and for further functions of the Item 2B-19 housing commission. 2.64.070 Housing commission members appointed as relocation appeals board. A. Section 33417.5 of the Health and Safety Code of the State of California provides that there is in each city having a redevelopment agency a relocation appeals board composed of five members appointed by the mayor of the city, subject to the approval of the legislative body. B. By prior resolution, the mayor of the city of Palm Desert appointed five members of the Palm Desert housing authority commission as the members of the relocation appeals board and the city council approved such appointment. C. Pursuant to Section 6152 of the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations, commencing with Section 6000), the city council designates the relocation appeals board to hear the appeals of all persons who make a written request for formal review and reconsideration of the determinations of the city of Palm Desert (the “city”) and the Palm Desert housing authority (the “authority”) as to eligibility and the amount of payment, and to hear the appeals of all persons who make a written request for formal review and reconsideration regarding the city’s or the authority’s actions with respect to referrals to comparable permanent or adequate temporary replacement housing or the city’s or authority’s property management practices. 2.64.080 Removal. Notwithstanding Section 2.34.100, the removal of a member of the housing commission shall comply with the requirements of Section 34282 of the Health and Safety Code of the State of California. 2.64.090 Compensation and reimbursement. Compensation shall be paid to each member of the Palm Desert housing authority in the amount of fifty dollars ($50.00) per member per meeting not to exceed four meetings per month and shall increase in the same amount as may be prescribed by Section 34274 of the Health and Safety Code of the State of California. Said compensation shall be in addition to reimbursement for actual and necessary expenses incurred in the discharge of their duties.” Section 10. Addition to Municipal Code. Chapter 2.66 Resources Preservation & Enhancement Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.66 RESOURCE PRESERVATION & ENHANCEMENT COMMITTEE 2.66.010 Established. Item 2B-20 A Resource Preservation & Enhancement Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.66.020 Purpose. The purpose of the Resource Preservation & Enhancement Committee is to oversee the implementation of the Environmental Sustainability Plan (“Plan”) and Greenhouse Gas Inventory as approved by the city council and recommend to the city council any changes to this Plan. 2.66.030 Members. The Resource Preservation & Enhancement Committee shall be comprised of thirteen (13) members with preference to those who reside or work within the City of Palm Desert or Valley-wide residents who can offer specific expertise in a critical subject area addressed by the Committee. It is believed that a thirteen-member committee would bring broader representation of the community to review and make decisions on these increased measures toward sustainability. 2.66.040 Meetings. The Resource Preservation & Enhancement Committee may meet quarterly, up to bi-monthly, on a date, time, and place as set by Committee resolution or minute order. 2.66.050 Responsibilities. It shall be the responsibility of the Resource Preservation & Enhancement Committee to make recommendations to the city council with respect to matters concerning the City’s programs and targets in achieving identified actions in Environmental Sustainability Plan (“Plan”) and Greenhouse Gas Inventory. The Committee shall have the authority and responsibility to review staff reports and recommendations from City staff, offer comment and feedback, and help develop appropriate policies and actions to meet the Plan’s goals.” Section 11. Amendment to Municipal Code. Municipal Code Chapter 2.68 Cultural Arts Committee of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.68 CULTURAL ARTS COMMITTEE 2.68.010 Established. The Cultural Arts Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict or Item 2B-21 inconsistency between the provisions of this chapter and those in Chapter 2.34 of the code, the provisions of this chapter will control. 2.68.020 Purpose. The purpose of the Cultural Arts Committee is to guide the Art in Public Places Program, and beyond that specific program, to provide ideas to the city council for more expansive City-sponsored art opportunities. Art includes but is not limited to murals, sculpture, memorials, earthwork, community art, digital media, and performances and festivals. 2.68.030 Members. A. The Cultural Arts Committee shall be comprised of seven (7) members. In addition, there shall be two nonvoting liaison members, one each to be selected by their commission from the architectural review commission and the planning commission. B. Membership may be comprised of people recognized as having expertise in the visual arts, construction, or technical field necessary for acquisition, fabrication, site preparation, installation, or display of artwork. C. At all times the Committee shall strive to maintain a membership that includes at least one: 1. Professional Artist; 2. Architect; 3. Landscape Architect/ Designer; And may include but is not limited to: 4. Museum Professionals; 5. Art Educators; 6. Art Historians; 7. Art Conservators; 8. Designers; 9. Development Industry; 10. Construction Trades; 11. Engineers; 12. Gallery Professionals. Item 2B-22 2.68.040 Meetings. The Cultural Arts Committee may hold regular monthly meetings at a date, time, and place to be set by Committee resolution or minute order. 2.68.050 Responsibilities. The Cultural Arts Committee has the following responsibilities: A. Advocate for inclusion of culture and cultural policy in myriad aspects of the City and the lives of its citizens; B. Advise the City on issues relating to cultural policy for the arts; C. Recommend policies and procedures for the Art in Public Places Program; D. Recommend new public art projects; E. Position the art program within the City to work with other City departments to ensure art is incorporated into the initial planning of public and private projects as they pertain to the Art in Public Places percent for art fee requirements or City funded projects; F. Review and forward recommendations to the city council regarding public and private art projects which utilize Art in Public Places or City funds; G. Review and forward recommendations to the city council regarding City public art acquisitions which utilize Art in Public Places or City funds; H. Review and forward recommendations to the city council regarding donation of artworks to the City; I. Review and provide recommendations to the City Council related to proposals for art-oriented festivals and performances and assist with implementation of council-approved plans; I. Serve as stewards of the public art collection of the City; J. Serve as goodwill ambassadors of the Art in Public Places Program and City to the community at large. 2.68.060 Geographical area of responsibility. The Cultural Arts Committee shall confine its objectives regarding art placement to the corporate limits of the community; however, it shall have no restraints on the areas where it may seek sources of art or financing.” Section 12. Addition to Municipal Code. Chapter 2.70 Homelessness Taskforce is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: Item 2B-23 “Chapter 2.70 HOMELESSNESS TASK FORCE 2.70.010 Established. A Homelessness Task Force (“Task Force”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Task Force, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. 2.70.020 Purpose. The purpose of the Homelessness Task Force is to review various services and coordinated efforts to address homelessness and, when necessary, advise the city council of the same. Additionally, the Task Force shall discuss business and community needs and effects due to the impacts of homelessness. 2.70.030 Members. The Homelessness Task Force shall be composed of seven (7) members including two city councilmembers appointed by the mayor, two members of the business community, two community members, and the chairperson of the Housing Commission. Business members may reside outside of Palm Desert; however, their businesses must be located in Palm Desert. One of the community members shall be a representative of the Public Safety Committee. 2.70.040 Meetings. The Homelessness Task Force may hold bi-monthly regular meetings at a date, time, and place as set by Task Force resolution or minute order.” Section 13. Amendment to Municipal Code. Palm Desert Municipal Code Title 3 Revenue and Finance, Chapter 3.40 Parking and Business Improvement Area, Section 3.40.070 Advisory board established—Duties is hereby amended as follows: “3.40.070 El Paseo Business Improvement Area Advisory Board. A. Established. There is established an El Paseo Business Improvement Area Advisory Board (“Board”). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. B. Purpose. The purpose and objectives of the El Paseo Parking and Business Improvement Area is to represent the interests of its members on El Paseo. These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area. Item 2B-24 The El Paseo Parking and Business Improvement Area was established to promote El Paseo as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service businesses. C. Members. The board shall consist of seven (7) members appointed by the city council. The terms of office of said members of the advisory board shall be for three year terms. Board terms shall be staggered so that approximately one-third of the terms expire each year and said term shall begin January 1st of each year. Appointments to the board shall be limited to all businesses (on a business license basis) with an address between 73-040 through 73-999 El Paseo and adjoining streets located 180 feet south of El Paseo and 154 feet north of El Paseo as defined in Section 3.40.010 of this Code. Members of the board must be a proprietor, partner, or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity’s headquarters are not located in the City of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board. D. Appointments. The city clerk shall forward all applications to the membership committee of the Board. The membership committee shall interview each applicant and report their findings to the Board. The Board shall vote on each applicant and by majority vote may recommend such person(s) to the city council to fill the vacant seat. E. Meetings. The Board may meet monthly on a date, time, and place as set by Board resolution or minute order. The regular meeting in May shall be designated as the Budget Planning and Annual Meeting of the Board. F. Removal. Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the City of Palm Desert, shall automatically be removed as a member. G. Committees. Committees shall not have the authority of the Board in the management of the Association. The members of a committee shall be members of the Association and the Board shall appoint the members thereof. One member of each committee shall be elected chairperson by the members of the committee. Any members thereof may be removed by the Board whenever, in their judgment, the best interests of the Association shall be served. A member of the Board shall be an advisory member of all committees. Each member of a committee shall continue as such time as their successor is appointed, unless the committee is terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to qualify as a member thereof. Section 14. Amendment to Municipal Code. Palm Desert Municipal Code Title Item 2B-25 9 Public Peace, Morals, and Welfare, Chapter 9.50 Mobile Home Park Rent Review, Section 9.50.040 Rent review board is hereby amended as follows: “9.50.040 Rent review board. A. Established. A mobile home park rent review board (“Board”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. B. Members. The Board shall consist of three (3) regular members and two (2) alternate members appointed by the city council and serving at the pleasure of the city council. Alternates shall serve only to the extent necessary to form a quorum of two members. The secretary of the board shall determine whether the attendance of one or more alternates at a given meeting is necessary to ensure a quorum and notify them accordingly. C. Meetings. The Board may meet on an as needed basis on a date, time, and place as set by Board resolution or minute order. D. Disclosure. All candidates for appointment to the board shall disclose in a verified statement all present holdings and interests in real property, including interests in corporations, trusts or other entities owning real property within this jurisdiction as defined by California Government Code Section 82035. Such disclosure statement shall be filed with the city clerk and made available to the city council prior to appointment of members of the board. Disclosure of holdings required herein shall be in addition to any other disclosure required by state or local law for holders of public office. Section 15. Amendment to Municipal Code. Palm Desert Municipal Code Title 29 Cultural Resources, Chapter 29.30 Cultural Resources Preservation Committee, is hereby amended as follows: “Chapter 29.30 CULTURAL RESOURCES PRESERVATION COMMITTEE 29.30.010 Established. A Cultural Resources Preservation Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34, the provisions of this chapter will control. 29.30.020 Members. The Cultural Resources Preservation Committee shall be comprised of seven (7) community members and no less than four members are encouraged to be appointed from individuals that have knowledge in the fields or disciplines of architecture, history, Item 2B-26 architectural history, planning, pre-historic or historic archaeology, folklore, cultural anthropology, curator, conservation, and landscape architecture, or related disciplines, such as urban planning, American studies, American civilization, or cultural geography to the extent that such professionals are available in the community. 29.30.030 Meetings. The Cultural Resources Preservation Committee may hold monthly regular meetings at such day, time, and place as set by Committee resolution or minute order. 29.30.040 Responsibilities. A. The responsibilities of the administrator are in addition to those of the Cultural Resources Preservation Committee and are subject to Section 29.30.040(C) as follows: 1. Conduct or cause to be conducted a comprehensive survey to identify cultural resources; 2. Compile, maintain and publish an up-to-date inventory of all cultural resources with certified survey findings; 3. Compile, maintain and publish a register to include designated and register eligible cultural resources; 4. Approve, conditionally approve, or deny certificate of appropriateness applications pursuant to Chapter 29.60; 5. Make recommendations to the city council regarding the adoption of cultural resources preservation incentives including, but not be limited to economic and tax incentives, conservation easements, preservation easements, acquisition or sale of property, development rights, fee adjustments and land use, zoning, development restrictions; 6. Make recommendations to the city council for enforcement and penalties concerning matters covered in this title; and 7. Ensure that cultural resources preservation is coordinated with other city departments and agencies. B. The responsibilities of the Committee are subject to Section 29.30.040(C) as follows: 1. Certify survey findings at an agendized public meeting or authorize the administrator to certify survey findings administratively through a specific findings process designated by the city council; 2. Adopt and make available designation applications and review Item 2B-27 procedures by which cultural resources may be designated as landmarks or historic districts; 3. Recommend to the city council the inclusion or deletion of landmarks and historic districts in the register pursuant to the regulations of this title; 4. Encourage and foster public participation in the cultural resources survey and designation processes; 5. Seek means and resources to appropriately identify landmarks and historic districts with permanent city approved plaques and signs; 6. Initiate and prepare nominations of eligible city-owned cultural resources to local, state and national registers; 7. Adopt standards including design guidelines to be used by the committee and the administrator in reviewing certificate of appropriateness applications; 8. Encourage cooperation between public and private cultural resources preservation organizations and groups including the historical society of Palm Desert, the California Historical Resources Information System Eastern Information Center at the University of California, Riverside, and other organizations in Coachella Valley communities; 9. Make recommendations to the city council regarding the adoption of cultural resources preservation incentives including, but not be limited to economic and tax incentives, conservation easements, preservation easements, acquisition or sale of property, development rights, fee adjustments and land use, zoning, and development restrictions; 10. Review and make recommendations to city council on applications to participate in local cultural resources preservation incentives programs established to effectuate the purposes of this title; 11. Seek out information and advise city council on the use of various local, state, federal or private sources and mechanisms available to promote cultural resources preservation; 12. As part of the city’s CEQA review procedures if referred by city, identify and advise appropriate city departments and governmental entities of known cultural resources; assess and advise the city council whether any proposed project would have an adverse effect on the significance of such cultural resources; and recommend to the city council appropriate action in compliance with the city’s adopted CEQA procedures; 13. Evaluate and comment on proposals and environmental reviews that affect cultural resources in the city and are pending before public agencies other Item 2B-28 than the city of Palm Desert; 14. Prepare and adopt plans including design guidelines for the preservation of cultural resources; 15. Review and make recommendations on zoning and general plan amendments for the purpose of preserving cultural resources; 16. Develop and conduct public information, educational and interpretive programs pertaining to cultural resources preservation and provide for public participation in all aspects of the city’s cultural resources preservation program; 17. Assume whatever responsibilities and duties may be assigned to the committee by the city council under the certified local government provisions, of the National Historic Preservation Act of 1966 as amended; 18. Perform any other functions that may be designated by resolution or motion of the city council. C. Any designation or certified survey of property shall require written consent of the owner of the property.” Section 16. Rescind Existing Bylaws. Bylaws adopted prior to the effective date of this Ordinance are deemed rescinded in their entirety and replaced by the provisions established by this Ordinance and found in Title 2 of the Palm Desert Municipal Code. Section 17. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 18. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily procedural and administrative in nature. Moreover, the changes are technical in nature and do not allow for specific development. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. SECTION 19. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper Item 2B-29 of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the ____ day of ___________, 2023 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen Kelly, Mayor ATTEST: _____________________________ Anthony Mejia, City Clerk City of Palm Desert, California APPROVED AS TO FORM: ____________________________ Robert Hargreaves, City Attorney Item 2B-30 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY BYLAWS AND GENERAL PROVISIONS FOR BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES The City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1. Addition to Municipal Code. Chapter 2.14 Marketing Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.14 MARKETING COMMITTEE 2.14.010 Established. A Marketing Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there are any conflicts between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.14.020 Purpose. Marketing Committee members shall serve as a conduit for information between their own professional network and the City in terms of industry trends, local promotion ideas, and business activity and projections as they relate to tourism. Members are to advise the City regarding the best method of planning and implementing a marketing and advertising program and to closely monitor that program and its related budget. 2.14.030 Members. The Marketing Committee shall be comprised of up to seven (7) members and should represent a cross section of the community as it relates to tourism. Each Committee member should represent one of these categories: large hotel; small hotel; large retailer; small retailer; shopping center; restaurant; cultural, visual, or performing arts; real estate; local attraction; or marketing professional. 2.14.040 Meetings. The Marketing Committee may hold bi-monthly regular meetings at such day, time, and place as set by Committee resolution or minute order. 2.14.050 Responsibilities. Item 2B-31 The Marketing Committee has the following responsibilities: A. Review, monitor, and evaluate the City’s marketing, advertising, and public relations efforts including the annual marketing plan, media plans, and related budgets. B. Review print, radio, digital, and social media advertising and collateral materials produced by the City or its representatives. C. Monitor the City’s website to ensure it is utilized to its fullest potential in the promotion of the City and its marketing/tourism goals. D. Review and make recommendations on requests for financial support for special events and activities. E. Make recommendations about the selection of consultants and agencies providing professional marketing/advertising services required by the City.” Section 2. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.16 Audit, Investment and Finance Committee of Title 2 Administration and Personnel, is hereby renamed “Chapter 2.16 Finance Committee” and amended as follows: “CHAPTER 2.16 FINANCE COMMITTEE 2.16.010 Established. A Finance Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.16.020 Purpose. The Finance Committee shall advise the city council and work to promote and enhance fiscal responsibility, accountability, integrity, transparency, and to recommend fiscal and investment policies for city council consideration. 2.16.030 Members. The Finance Committee shall be comprised of up to seven (7) members: two (2) city council members appointed by the mayor and up to five (5) community members appointed by the city council by majority vote. 2.16.040 Meetings. The Finance Committee may have quarterly regular meetings at such day, time, and place as set by Committee resolution or minute order. 2.16.050 Responsibilities. Item 2B-32 The Finance Committee reviews and, if necessary, advises the city council on auditing and internal controls; financial reporting; investments; municipal debt and refunding; and such other functions as the city council may request.” Section 3. Addition to Municipal Code. Chapter 2.18 Building Board of Appeals is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.18 BUILDING BOARD OF APPEALS 2.18.010 Established. The Building Board of Appeals and Condemnation (“Building Board”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Board, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.18.020 Purpose. The Building Board hears appeals regarding the interpretation of the California Building Code, and condemnation and abatement of dangerous structures. The Building Board may ratify alternate materials and methods of construction that are not specifically recognized in the California Building Code. 2.18.030 Members. The Building Board shall be comprised of five (5) community members. 2.18.040 Meetings/Appeal Hearings. A. The Building Board meetings will be scheduled as needed when letters of appeal from Building Officer decisions are received. B. The Building Board secretary shall collect letters of appeal and prepare an agenda for each meeting which shall be furnished to members prior to the meeting. C. Requests for hearings must be scheduled at least ten (10) days prior to such hearing. D. If a party of any appeal intends to submit evidence, or legal argument, outside of the expertise of the Building Board, said party shall so inform the Building Board secretary in writing at the time the appeal is filed. Failure to provide such information shall be cause to prohibit the presentation of such evidence or argument. E. The Building Board shall be the judge of the qualifications of persons appearing as expert witnesses and shall be empowered to refuse to receive the testimony of any purported expert not so qualified. Item 2B-33 F. The decision of the Building Board on an appeal shall be become final, unless appealed to the city council within five (5) business days.” Section 4. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.20 Planning Commission of Title 2 Administration and Personnel is hereby amended as follows: “Chapter 2.20 PLANNING COMMISSION 2.20.010 Established. Pursuant to the provisions of Section 65100 of the Government Code requiring each city to establish a planning agency, a Planning Commission (“Commission”) is established and designated as the planning agency of the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Commission, except as otherwise required by state law. If there is any conflict or inconsistency between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. 2.20.020 Members. The Planning Commission shall consist of five (5) regular members. 2.20.030 Meetings. The Planning Commission may hold two (2) regular meetings per month at such day, time, and place as set by Commission resolution or minute order. 2.20.040 Responsibilities. The Planning Commission has the following responsibilities: A. Prepare, adopt, and recommend to the city council a general plan for the City; B. Periodically review, adopt, and recommend revisions to the city council of the general plan; C. Prepare, adopt, and recommend to the city council such specific plans as may be necessary or desirable to carry out the objectives of the general plan; D. Prepare, adopt, and recommend to the city council drafts of regulations as may in its judgment be required for the systematic execution of the general plan; E. Act as the advisory agency to the city council in connection with the administration of the State Map Act and Environmental Quality Act of 1970; F. Periodically review and recommend to the city council regarding the capital improvement program of the City; Item 2B-34 G. Perform such other functions as the city council may provide or as may be imposed by law. Section 5. Addition to Municipal Code. Chapter 2.22 Architectural Review Commission (ARC) is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “2.22 ARCHITECTURAL REVIEW COMMISSION 2.22.010 Established. The Architectural Review Commission (“Commission”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Commission, except as otherwise required by state law. If there are any conflicts between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.22.020 Purpose. The Architectural Review Commission reviews the building architecture and landscape design of commercial, office, industrial, and residential development, deviations, or otherwise as stated in the municipal code and modifications to previously approved projects to assure compatibility with the City's policies and objectives. 2.22.030 Members. A. The Architectural Review Commission shall consist of seven (7) regular members. B. At all times the Commission shall strive to maintain a membership composition that includes the following professionals: 1. Architect, three (3) members; 2. Landscape Architect/Designer, one (1) member; And may include three (3) members of the following: 3. Development Industry professional; 4. Member of the public who represents the community at large and is knowledgeable in the design or architectural field; 5. Nonresident with professional expertise as an Architect or Landscape Architect/Designer. 2.22.040 Meetings. A. The Architectural Review Commission may hold two (2) regular meetings Item 2B-35 per month at such date, time, and place as set by Commission resolution or minute order. 2.22.050 Disqualification of members for interest in properties. A. Any commission member who is employed to execute a plan, building, or structure of any kind requiring commission approval or who will take part in competition for any such building or structure, shall be disqualified from voting, recuse oneself, and step down from proceedings on that item. B. Commission members with projects before the ARC shall file projects under the same rules, procedures, and guidelines as set forth in Chapter 25 of this code. 2.22.060 Responsibilities. The Architectural Review Commission has the following responsibilities: A. Review and make recommendations to the Planning Commission for precise plans, development plans, conditional use permits, variances, and planned community developments, and/or as otherwise indicated in Section 25.60.070; B. Conduct final approval for design review and sign design review pursuant to Chapter 25.68, and/or as otherwise indicated in Chapter 25.60.070; C. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; D. Ensure the architectural design of buildings or structures and landscaping developed areas and open spaces are visually harmonious with surrounding development and the natural environments; E. Promote high quality aesthetics and visual interest when considering developments to attain the most desirable use of land and improvements; and F. Encourage the development of private and public property in harmony with the desired character of the City and in conformance with the guidelines provided in Title 25 (Zoning) with due regard for the public and private interests involved.” Section 6. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 2.34 Committee/Commission Member Requirements of Title 2 Administration and Personnel is hereby renamed “Chapter 2.34 Boards, Commissions, Committees, and Task Forces – General Provisions,” and is amended as follows: “Chapter 2.34 BOARDS, COMMISSIONS, COMMITTEES, AND TASK FORCES – GENERAL PROVISIONS 2.34.010 Purpose. The purpose of this chapter is to provide uniform general regulations applicable to Item 2B-36 all city council established boards, commissions, committees, and task forces (“appointed bodies”). 2.34.020 Applicability. A. The provisions of this chapter shall apply to every appointed body whether it is established by ordinance, resolution, or otherwise. In the event any provision of this chapter conflicts with a specific provision of an ordinance or resolution establishing a specific appointed body or the appointed body’s bylaws, such specific provision shall control. B. The city council may create by ordinance or resolution any appointed body as it deems necessary and may grant powers and duties to said appointed body. 2.34.030 Eligibility. A. Residency Requirement. Residency within the city limits of Palm Desert shall be a requirement for appointment to an appointed body except as otherwise stated in the appointed body bylaws or in cases where the city council deems it appropriate to appoint a nonresident to an appointed body that needs specific expertise offered by a nonresident. B. City Employees. City employees are not eligible to serve as a member on an appointed body. C. Relatives. A relative of a city employee or city council member shall not serve on any appointed body if it could entail reviewing one another’s work. 1. “Relative” includes mother, father, sister, brother, spouse, domestic partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first cousin, nieces, and nephews. 2. “Review” means the appointed body has oversight responsibilities, such as the Finance Committee, or its decision may be appealed to the city council; however, it does not include the routine sending of recommendations from the appointed body to the city council. 2.34.040 Appointments, terms of office, vacancies. A. Appointments. The city council will oversee the application, interview, and appointment process for appointed body members. Each appointment will be made by a majority vote of the city council. The beginning date for all terms of appointment to any appointed body will be July 1 and the ending date will be June 30, except for appointments made to fill unexpired terms of office, or appointments made to fill new positions created during the year, but which will all be ultimately based upon the fiscal year thereafter. Following expiration of the term of office,each member shall continue to serve until the member is reappointed or a successor is qualified and appointed. Item 2B-37 B. Term of Office. All terms of office for regular and alternate members will be four years, unless otherwise specified in the bylaws. Each member shall be eligible for reappointment at the discretion of the city council, recognizing; however, that it is the city’s goal to allow as many qualified and willing individuals as possible an opportunity to serve their community. C. Vacancies. If a vacancy occurs before the expiration of a term, the city council may appoint a member for the unexpired term pursuant to subsection A of this section. D. Initial Terms. For new appointed bodies, the initial appointments shall be staggered so that approximately half of the members serve an initial two-year term and thereafter, if reappointed, a four year term; the remainder of the members shall serve a four year term. 2.34.050 Organization and bylaws. A. Officers. At the first meeting following July 1st, appointed bodies shall elect a chairperson and vice chairperson for a one-year term. The chairperson shall preside over all meetings. The vice chairperson shall preside in the chairperson’s absence. In the chairperson’s and vice chairperson’s absence, the appointed body may designate a presiding officer. Vacancies in either the chairperson or vice chairperson position occurring prior to July may be chosen at any time by a majority vote of the appointed body. B. Bylaw Amendment. Each appointed body may review and propose amendments to its own bylaws, provided that such bylaws are not in conflict with any provisions of federal, state, or local law. Bylaws shall be submitted to the city council for approval. 2.34.060 Members, secretary, and liaisons. A. Regular Members. The number of regular members of each appointed body shall be established by city council ordinance or resolution. B. Alternate Members. The city council; by ordinance, resolution, or minute order; may establish a certain number of alternate members for any appointed body. Alternate member(s) may attend appointed body meetings as a nonvoting, nonparticipating member. In the event of an absence of a regular member, the alternate member may sit with the appointed body as a voting, participating member. Alternate members are exempt from the attendance requirements set for in Section 2.34.100 of this code. C. Ex Officio Members. The city council or city manager may designate ex officio members to an appointed body. The ex officio member may participate in the discussion as permitted by the chairperson, but they do not count towards a quorum nor cast any votes. Item 2B-38 D. Staff Liaison and Recording Secretary. The city manager may designate a staff liaison and recording secretary for each appointed body. The staff liaison shall aid and support the appointed body; provide information about relevant city policies and procedures; facilitate communication between the appointed body and city council; and keep the city manager informed of appointed body activities. The recording secretary shall prepare and post agendas, keep meeting minutes, manage and retain related documents, and forward a copy of meeting minutes to the city clerk. E. City Council Liaison. The city council may designate a city council member as a liaison to an appointed body. City council liaisons facilitate communication between the city council and appointed bodies. A city council liaison is not a member nor advocate of the appointed body and does not give direction or influence decisions but can assist and provide information. 2.34.070 Meetings and quorum. A. Regular Meetings. Regular meetings may be held at a day, time, and place established by resolution or minute order of the appointed body that may be amended from time to time. Regular meeting agendas shall be posted at least 72 hours ahead of the meeting. B. Special Meetings. Special meetings may be called by the chairperson or a majority of the appointed body. Special meeting agendas shall be noticed at least 24 hours ahead of the meeting. C. Emergency Meetings. Emergency meetings may be called if dire circumstances threaten public health or safety, if one-hour notice is given to media if requested. D. Meeting Cancelation. The staff liaison, in consultation with the chairperson, may cancel meetings in accordance with the Ralph M. Brown Act. E. Signing Authority. The presiding officer shall sign, and the secretary shall attest, to all resolutions and other documents that are adopted in the presiding officer’s presence. If the presiding officer is unavailable, an alternate presiding officer may sign such documents. F. Quorum. A majority of voting members shall constitute a quorum for the transaction of business, except where the bylaws provide for a membership up to a certain number of voting members, then a majority of appointed voting members shall constitute a quorum for the transaction of business. G. Decorum. Members shall be respectful of everyone present, practice civility and decorum in discussions and debates, and honor the role of the presiding officer in maintaining order. 2.34.080 Agenda management. Item 2B-39 A. Agenda Management. The staff liaison of each appointed body shall oversee approving and placing items on the agenda. B. Sponsoring an Agenda Item. Any regular member, including the chairperson, may request the staff liaison to agendize an item for a future meeting during a regular meeting, when supported by at least one other appointed body member. 2.34.090 Voting, motions, tie votes, and authorized representatives. A. Voting. Each regular member shall be entitled to one vote and should vote on every question presented unless disqualified by reason of a conflict of interest. B. Motions. Recommendations or actions will be made by motion, second, and a recorded vote. C. Majority and Tie Votes. A majority vote of the members present at a duly constituted meeting shall be required to carry a motion, proposal, or resolution. Tie votes shall be lost motions or “no action” and the matter voted upon may be subject to further consideration. D. Authorized Representatives. Under no circumstances shall any member take any action or make any statement committing the appointed body unless expressly authorized to do so by majority vote of the appointed body. 2.34.100 Absences, resignation, and removal. A. Absences. Regular members are expected to diligently attend and participate in all meetings. As far in advance of the meeting as practicable, a regular member requesting an excused absence shall submit said request to the staff liaison or recording secretary. An “excused absence” may be granted due to illness or injury, unexpected business, emergencies, important personal business, official City business, or any reasonable excuse that is approved by the appointed body. B. Unexcused Absences. Unexcused absences shall result in automatic resignation under the following circumstances: 1. Six unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet twice monthly. 2. Three unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet monthly. 3. Two unexcused absences from regular meetings in any twelve-month period on appointed bodies that meet bimonthly. 4. One unexcused absence from regular meetings in any twelve-month period on appointed bodies that meet quarterly. Item 2B-40 5. Upon reaching the allowed number of unexecuted absences, the city clerk shall notify the regular member that they are subject to automatic resignation and shall provide a 15-day grace period for the member to request waiver of any unexcused absence from the mayor, after which the resignation shall be deemed automatic. C. Waiver of Unexecuted Absences. Upon written request by a member, the mayor may excuse an otherwise unexcused absence. D. Resignation. Any member may resign at any time by written notice to the city clerk, staff liaison, or recording secretary. E Removal. Any member may be removed at any time, with or without cause, by a majority vote of the city council. F. Failure to Comply with Law. Except as otherwise provided by state law, any member failing to comply with mandatory training requirements or any public disclosure report required by federal, state, or local law by the established deadline shall have their service automatically suspended on the date that is five (5) calendar days following a written certification by the city clerk that three (3) written (including electronic communication) notifications had been provided to the member. A member’s service shall be immediately reinstated upon filing the public disclosure report or proof of training. 2.34.110 Addressing the appointed body. A. Recognition by Presiding Officer. Any person desiring to address the appointed body shall wait to be recognized by the presiding officer. After being recognized, the person will be asked to state their name and city of residence for the record and shall limit remarks to the question under discussion. All remarks and questions shall be addressed to the presiding officer and not to any individual member, staff member, or other person. No person shall enter into any discussion without being recognized by the presiding officer. B. Written Correspondence. The staff liaison or recording secretary is authorized to receive and open all mail addressed to an appointed body and give it immediate attention to the end that all administrative business referred to in said communications and not requiring appointed body action may be disposed of between meetings. Any communication related to an agenda item before an appointed body shall be distributed to the appointed body as soon as practicable and retained for the official record. C. Time Limit for Public Comment. Public comments will be limited to the time allowed on the meeting agenda unless additional time is granted by the presiding officer. Time limits may be waived or reduced by the presiding officer based on the number of speakers on any specific item when uniformly applied. A speaker may not defer their time to other speakers. 2.34.120 Compensation. Item 2B-41 All members serve without compensation, unless otherwise provided, but may be reimbursed for reasonable expenses in accordance with City policy.” Section 7. Addition to the Municipal Code. Chapter 2.58 Parks and Recreation Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.58 PARKS AND RECREATION COMMITTEE 2.58.010 Established. A Parks and Recreation Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.58.020 Members. The Parks and Recreation Committee shall be comprised of nine (9) regular members from the community. Additionally, a representative from Desert Recreation District, Family YMCA of the Desert, and any other organization that has an interest in parks and recreation are encouraged to attend. 2.58.030 Meetings. The Parks and Recreation Committee may hold monthly regular meetings at such date, time, and place as set by Committee resolution or minute order. 2.58.040 Responsibilities. The Parks and Recreation Committee has the following responsibilities: A. Master Plan. The Committee shall develop and maintain a City master plan for parks and recreation. B. Citizen Input. Obtain continuous citizen input as a means to quantifying the needs of the community. C. Public Access. Ensure convenient access and usability by all citizens of the community. D. Member Inspections. Each member will inspect an assigned park and report the condition and observations regarding improvements to city staff prior to the next scheduled meeting of each scheduled month. City staff will ensure reported problems are properly addressed. E. Liaisons. Members may be appointed by the Committee or city council to Item 2B-42 serve as a liaison with other counties, districts, cities, agencies, commissions, committees, organizations, or groups as may be appropriate. F. Advise and Recommend to city council. The Committee shall have the power to make recommendations to the city council in all matters pertaining to the creation, planning, acquisition, operation, maintenance, coordination, management, and control of all parks and recreation activities and facilities within the City of Palm Desert.” personSection 8. Amendment to Municipal Code. Chapter 2.60 Public Safety Commission of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.60 PUBLIC SAFETY COMMITTEE 2.60.010 Established. The Public Safety Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.60.020 Purpose. The purpose of the Public Safety Committee is to act as an advisory committee to the city council, and to evaluate any public safety issues within the community brought to the committee’s attention by the city council, city staff, or residents and to make recommendations to the city council. 2.60.030 Members. A. The Public Safety Committee shall be comprised of seven (7) regular members. B. The membership shall ideally consist of the following: 1. One member who has a law enforcement background; 2. One member who has a fire protection background; 3. One member who represents the retail business community; 4. Four members who represent the community at large. 2.60.040 Meetings. The Public Safety Committee may hold monthly meetings at such day, time, and place as set by Committee resolution or minute order. 2.60.050 Responsibilities. Item 2B-43 The Public Safety Committee shall have the following responsibilities: A. Serve as liaison between the community leaders, citizens, and the public safety officials; B. Review plans, policies, budgets, and proposals for greater efficiency and effectiveness in the area of public safety; C. Provide annual oversight of the city’s contracts for public safety; D. Seek out and evaluate innovative program development for potential implementation in the City of Palm Desert; E. Make recommendations to the city council on programs to provide the highest quality of service possible to community members and business owners and operators; F. Periodically review the City’s disaster preparedness program; G. Review and recommend to the city council ordinances to protect the safety of the community; H. Prepare and make recommendations to the city council on general public safety issues; and I. Perform other functions as the city council may request or as may be imposed by law.” Section 8. Addition to Municipal Code. Chapter 2.62 Civic Engagement Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.62 CIVIC ENGAGEMENT COMMITTEE 2.62.010 Established. A Civic Engagement Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.62.020 Purpose. Members of the Civic Engagement Committee shall promote civic education and engagement to help residents better understand local government, to foster a positive sense of community, and to prepare the next generation of local government leaders. The Committee shall not serve as an adjudicatory body making findings about any specific Item 2B-44 grievance. 2.62.030 Members. The Civic Engagement Committee shall be comprised of up to twelve (12) members and should represent a cross section of the community. 2.62.040 Meetings. The Civic Engagement Committee may meet quarterly on a date, time, and place as set by Committee resolution or minute order. 2.62.050 Responsibilities. The Civic Engagement Committee has the following responsibilities: A. Research and explore civic engagement programs and resources that fully engage our entire community in the civic process and make suggestions to the city council; B. Recommend events and educational programs to increase good will throughout the community and enhance appreciation of diversity, participating in implementation of those programs as requested by the city council; C. Promote volunteer opportunities available in Palm Desert, both at the City and with community partner organizations; D. Provide input to the city council or city manager when requested on issues pertaining to inclusion and engagement of all residents.” Section 9. Amendment to Municipal Code. Chapter 2.64 Housing Commission of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.64 HOUSING COMMISSION 2.64.010 Housing authority established. Pursuant to resolution adopted on December 11, 1997, the city council (“city council”) of the City of Palm Desert (“City”) established the Palm Desert housing authority (“authority”) and declared itself to be the commissioners of the authority pursuant to the Housing Authorities Law (California Health and Safety Code Section 34200 et seq.). 2.64.020 Housing commission, created. Pursuant to Section 34291 of the Health and Safety Code of the State of California, a governing body of a city which has declared itself to be the commissioners of a housing authority may, by ordinance, create a housing commission. A housing commission is created and established. Such housing commission may be known and referred to as the Item 2B-45 “Palm Desert housing commission” or the “housing commission.” The provisions set forth in Chapter 2.34 shall apply to this commission, except as otherwise required by state law. If there is any conflict or inconsistency between the provisions of this chapter or the commission’s bylaws and those in Chapter 2.34, the provisions of this chapter and/or the bylaws will control. 2.64.030 Members. A. The housing commission shall consist of seven members who shall be residents of the city. Two of the members shall be appointed as tenants of the authority and one of the tenant appointments shall be over sixty-two years of age if the authority has tenants over that age. If a tenant appointment to the housing commission ceases to be a tenant of the authority, he or she shall be disqualified from being a member and another tenant of the authority shall be appointed by the city council to the remainder of the unexpired term. The successor to a tenant appointment shall be a tenant of the authority. B. Notwithstanding Section 2.34.030, a City officer or employee is eligible to serve on the housing commission, but only if such officer or employee does not exercise powers or duties in his or her office or employment that may conflict with the exercise of the independent judgment required to carry out the purposes of the authority. 2.64.040 Regular meetings. Regular meeting days of the housing commission shall be determined by resolution of the housing commission, except that the board shall meet at least once each month. 2.64.050 Duties. The housing commission shall have the power and be required to review and make recommendations on all matters to come before the authority prior to authority action, except emergency matters and matters which the housing authority, by resolution, excludes from the housing commission’s review. 2.64.060 Procedures for review and recommendation—Further functions. Before a matter is acted upon by the authority, the matter shall be submitted to the housing commission for its review and recommendation. Within thirty days after a matter is submitted to the housing commission for its review and recommendation, the housing commission shall make and file its report thereon with the authority. If the housing commission does not report upon the matter within thirty days after its submission by the authority, the housing commission shall be deemed to have waived its review and recommendations concerning the matter and the authority may thereafter approve the matter without the report of the housing commission. From time to time, the city council may, by ordinance or resolution, amend the procedures set forth in this section or provide for additional procedures for review and recommendation, and for further functions of the Item 2B-46 housing commission. 2.64.070 Housing commission members appointed as relocation appeals board. A. Section 33417.5 of the Health and Safety Code of the State of California provides that there is in each city having a redevelopment agency a relocation appeals board composed of five members appointed by the mayor of the city, subject to the approval of the legislative body. B. By prior resolution, the mayor of the city of Palm Desert appointed five members of the Palm Desert housing authority commission as the members of the relocation appeals board and the city council approved such appointment. C. Pursuant to Section 6152 of the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations, commencing with Section 6000), the city council designates the relocation appeals board to hear the appeals of all persons who make a written request for formal review and reconsideration of the determinations of the city of Palm Desert (the “city”) and the Palm Desert housing authority (the “authority”) as to eligibility and the amount of payment, and to hear the appeals of all persons who make a written request for formal review and reconsideration regarding the city’s or the authority’s actions with respect to referrals to comparable permanent or adequate temporary replacement housing or the city’s or authority’s property management practices. 2.64.080 Removal. Notwithstanding Section 2.34.100, the removal of a member of the housing commission shall comply with the requirements of Section 34282 of the Health and Safety Code of the State of California. 2.64.090 Compensation and reimbursement. Compensation shall be paid to each member of the Palm Desert housing authority in the amount of fifty dollars ($50.00) per member per meeting not to exceed four meetings per month and shall increase in the same amount as may be prescribed by Section 34274 of the Health and Safety Code of the State of California. Said compensation shall be in addition to reimbursement for actual and necessary expenses incurred in the discharge of their duties.” Section 10. Addition to Municipal Code. Chapter 2.66 Resources Preservation & Enhancement Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.66 RESOURCE PRESERVATION & ENHANCEMENT COMMITTEE 2.66.010 Established. Item 2B-47 A Resource Preservation & Enhancement Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control. 2.66.020 Purpose. The purpose of the Resource Preservation & Enhancement Committee is to oversee the implementation of the Environmental Sustainability Plan (“Plan”) and Greenhouse Gas Inventory as approved by the city council and recommend to the city council any changes to this Plan. 2.66.030 Members. The Resource Preservation & Enhancement Committee shall be comprised of thirteen (13) members with preference to those who reside or work within the City of Palm Desert or Valley-wide residents who can offer specific expertise in a critical subject area addressed by the Committee. It is believed that a thirteen-member committee would bring broader representation of the community to review and make decisions on these increased measures toward sustainability. 2.66.040 Meetings. The Resource Preservation & Enhancement Committee may meet quarterly, up to bi-monthly, on a date, time, and place as set by Committee resolution or minute order. 2.66.050 Responsibilities. It shall be the responsibility of the Resource Preservation & Enhancement Committee to make recommendations to the city council with respect to matters concerning the City’s programs and targets in achieving identified actions in Environmental Sustainability Plan (“Plan”) and Greenhouse Gas Inventory. The Committee shall have the authority and responsibility to review staff reports and recommendations from City staff, offer comment and feedback, and help develop appropriate policies and actions to meet the Plan’s goals.” Section 11. Amendment to Municipal Code. Municipal Code Chapter 2.68 Cultural Arts Committee of Title 2 Administration and Personnel of the Palm Desert Municipal Code is hereby amended as follows: “Chapter 2.68 CULTURAL ARTS COMMITTEE 2.68.010 Established. The Cultural Arts Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict or Item 2B-48 inconsistency between the provisions of this chapter and those in Chapter 2.34 of the code, the provisions of this chapter will control. 2.68.020 Purpose. The purpose of the Cultural Arts Committee is to guide the Art in Public Places Program, and beyond that specific program, to provide ideas to the city council for more expansive City-sponsored art opportunities. Art includes but is not limited to murals, sculpture, memorials, earthwork, community art, digital media, and performances and festivals. 2.68.030 Members. A. The Cultural Arts Committee shall be comprised of seven (7) members. In addition, there shall be two nonvoting liaison members, one each to be selected by their commission from the architectural review commission and the planning commission. B. Membership may be comprised of people recognized as having expertise in the visual arts, construction, or technical field necessary for acquisition, fabrication, site preparation, installation, or display of artwork. C. At all times the Committee shall strive to maintain a membership that includes at least one: 1. Professional Artist; 2. Architect; 3. Landscape Architect/ Designer; And may include but is not limited to: 4. Museum Professionals; 5. Art Educators; 6. Art Historians; 7. Art Conservators; 8. Designers; 9. Development Industry; 10. Construction Trades; 11. Engineers; 12. Gallery Professionals. Item 2B-49 2.68.040 Meetings. The Cultural Arts Committee may hold regular monthly meetings at a date, time, and place to be set by Committee resolution or minute order. 2.68.050 Responsibilities. The Cultural Arts Committee has the following responsibilities: A. Advocate for inclusion of culture and cultural policy in myriad aspects of the City and the lives of its citizens; B. Advise the City on issues relating to cultural policy for the arts; C. Recommend policies and procedures for the Art in Public Places Program; D. Recommend new public art projects; E. Position the art program within the City to work with other City departments to ensure art is incorporated into the initial planning of public and private projects as they pertain to the Art in Public Places percent for art fee requirements or City funded projects; F. Review and forward recommendations to the city council regarding public and private art projects which utilize Art in Public Places or City funds; G. Review and forward recommendations to the city council regarding City public art acquisitions which utilize Art in Public Places or City funds; H. Review and forward recommendations to the city council regarding donation of artworks to the City; I. Review and provide recommendations to the City Council related to proposals for art-oriented festivals and performances and assist with implementation of council-approved plans; J. Serve as stewards of the public art collection of the City; K. Serve as goodwill ambassadors of the Art in Public Places Program and City to the community at large. 2.68.060 Geographical area of responsibility. The Cultural Arts Committee shall confine its objectives regarding art placement to the corporate limits of the community; however, it shall have no restraints on the areas where it may seek sources of art or financing.” Section 12. Addition to Municipal Code. Chapter 2.70 Homelessness Taskforce Item 2B-50 is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code as follows: “Chapter 2.70 HOMELESSNESS TASK FORCE 2.70.010 Established. A Homelessness Task Force (“Task Force”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Task Force, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. 2.70.020 Purpose. The purpose of the Homelessness Task Force is to review various services and coordinated efforts to address homelessness and, when necessary, advise the city council of the same. Additionally, the Task Force shall discuss business and community needs and effects due to the impacts of homelessness. 2.70.030 Members. The Homelessness Task Force shall be composed of seven (7) members including two city councilmembers appointed by the mayor, two members of the business community, two community members, and the chairperson of the Housing Commission. Business members may reside outside of Palm Desert; however, their businesses must be located in Palm Desert. One of the community members shall be a representative of the Public Safety Committee. 2.70.040 Meetings. The Homelessness Task Force may hold bi-monthly regular meetings at a date, time, and place as set by Task Force resolution or minute order.” Section 13. Amendment to Municipal Code. Palm Desert Municipal Code Title 3 Revenue and Finance, Chapter 3.40 Parking and Business Improvement Area, Section 3.40.070 Advisory board established—Duties is hereby amended as follows: “3.40.070 El Paseo Business Improvement Area Advisory Board. A. Established. There is established an El Paseo Business Improvement Area Advisory Board (“Board”). The provisions set forth in Chapter 2.34 of this code shall apply to this board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. B. Purpose. The purpose and objectives of the El Paseo Parking and Business Improvement Area is to represent the interests of its members on El Paseo. Item 2B-51 These interests include, but are not limited to, advertising promotion, street beautification, parking, tourism and other activities promoting business in the area. The El Paseo Parking and Business Improvement Area was established to promote El Paseo as a world class, pedestrian friendly, upscale consumer oriented destination, offering quality and unique retail and service businesses. C. Members. The board shall consist of seven (7) members appointed by the city council. The terms of office of said members of the advisory board shall be for three year terms. Board terms shall be staggered so that approximately one-third of the terms expire each year and said term shall begin January 1st of each year. Appointments to the board shall be limited to all businesses (on a business license basis) with an address between 73-040 through 73-999 El Paseo and adjoining streets located 180 feet south of El Paseo and 154 feet north of El Paseo as defined in Section 3.40.010 of this Code. Members of the board must be a proprietor, partner, or corporate officer of a member business, excepting that members may be a person holding an executive management position of a member entity if such member entity’s headquarters are not located in the City of Palm Desert. No more than one individual from a business paying a single assessment may serve at the same time as a member of the board. D. Appointments. The city clerk shall forward all applications to the membership committee of the Board. The membership committee shall interview each applicant and report their findings to the Board. The Board shall vote on each applicant and by majority vote may recommend such person(s) to the city council to fill the vacant seat. E. Meetings. The Board may meet monthly on a date, time, and place as set by Board resolution or minute order. The regular meeting in May shall be designated as the Budget Planning and Annual Meeting of the Board. F. Removal. Any member who ceases to be a proprietor, partner, or corporate officer or a member business or any member who ceases to be in an executive management position in the case of a member entity whose headquarters are not located in the City of Palm Desert, shall automatically be removed as a member. G. Committees. Committees shall not have the authority of the Board in the management of the Association. The members of a committee shall be members of the Association and the Board shall appoint the members thereof. One member of each committee shall be elected chairperson by the members of the committee. Any members thereof may be removed by the Board whenever, in their judgment, the best interests of the Association shall be served. A member of the Board shall be an advisory member of all committees. Each member of a committee shall continue as such time as their successor is appointed, unless the committee is terminated sooner, or unless such member is removed from such committee, or unless such member shall cease to Item 2B-52 qualify as a member thereof. Section 14. Amendment to Municipal Code. Palm Desert Municipal Code Title 9 Public Peace, Morals, and Welfare, Chapter 9.50 Mobile Home Park Rent Review, Section 9.50.040 Rent review board is hereby amended as follows: “9.50.040 Rent review board. A. Established. A mobile home park rent review board (“Board”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Board, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this chapter will control. B. Members. The Board shall consist of three (3) regular members and two (2) alternate members appointed by the city council and serving at the pleasure of the city council. Alternates shall serve only to the extent necessary to form a quorum of two members. The secretary of the board shall determine whether the attendance of one or more alternates at a given meeting is necessary to ensure a quorum and notify them accordingly. C. Meetings. The Board may meet on an as needed basis on a date, time, and place as set by Board resolution or minute order. D. Disclosure. All candidates for appointment to the board shall disclose in a verified statement all present holdings and interests in real property, including interests in corporations, trusts or other entities owning real property within this jurisdiction as defined by California Government Code Section 82035. Such disclosure statement shall be filed with the city clerk and made available to the city council prior to appointment of members of the board. Disclosure of holdings required herein shall be in addition to any other disclosure required by state or local law for holders of public office. Section 15. Amendment to Municipal Code. Palm Desert Municipal Code Title 29 Cultural Resources, Chapter 29.30 Cultural Resources Preservation Committee, is hereby amended as follows: “Chapter 29.30 CULTURAL RESOURCES PRESERVATION COMMITTEE 29.30.010 Established. A Cultural Resources Preservation Committee (“Committee”) is hereby established for the City of Palm Desert (“City”). The provisions set forth in Chapter 2.34 of this code shall apply to this Committee, except as otherwise required by state law. If there is any conflict between the provisions of this chapter and those in Chapter 2.34, the provisions of this chapter will control. 29.30.020 Members. Item 2B-53 The Cultural Resources Preservation Committee shall be comprised of seven (7) community members and no less than four members are encouraged to be appointed from individuals that have knowledge in the fields or disciplines of architecture, history, architectural history, planning, pre-historic or historic archaeology, folklore, cultural anthropology, curator, conservation, and landscape architecture, or related disciplines, such as urban planning, American studies, American civilization, or cultural geography to the extent that such professionals are available in the community. 29.30.030 Meetings. The Cultural Resources Preservation Committee may hold monthly regular meetings at such day, time, and place as set by Committee resolution or minute order. 29.30.040 Responsibilities. A. The responsibilities of the administrator are in addition to those of the Cultural Resources Preservation Committee and are subject to Section 29.30.040(C) as follows: 1. Conduct or cause to be conducted a comprehensive survey to identify cultural resources; 2. Compile, maintain and publish an up-to-date inventory of all cultural resources with certified survey findings; 3. Compile, maintain and publish a register to include designated and register eligible cultural resources; 4. Approve, conditionally approve, or deny certificate of appropriateness applications pursuant to Chapter 29.60; 5. Make recommendations to the city council regarding the adoption of cultural resources preservation incentives including, but not be limited to economic and tax incentives, conservation easements, preservation easements, acquisition or sale of property, development rights, fee adjustments and land use, zoning, development restrictions; 6. Make recommendations to the city council for enforcement and penalties concerning matters covered in this title; and 7. Ensure that cultural resources preservation is coordinated with other city departments and agencies. B. The responsibilities of the Committee are subject to Section 29.30.040(C) as follows: 1. Certify survey findings at an agendized public meeting or authorize the administrator to certify survey findings administratively through a specific Item 2B-54 findings process designated by the city council; 2. Adopt and make available designation applications and review procedures by which cultural resources may be designated as landmarks or historic districts; 3. Recommend to the city council the inclusion or deletion of landmarks and historic districts in the register pursuant to the regulations of this title; 4. Encourage and foster public participation in the cultural resources survey and designation processes; 5. Seek means and resources to appropriately identify landmarks and historic districts with permanent city approved plaques and signs; 6. Initiate and prepare nominations of eligible city-owned cultural resources to local, state and national registers; 7. Adopt standards including design guidelines to be used by the committee and the administrator in reviewing certificate of appropriateness applications; 8. Encourage cooperation between public and private cultural resources preservation organizations and groups including the historical society of Palm Desert, the California Historical Resources Information System Eastern Information Center at the University of California, Riverside, and other organizations in Coachella Valley communities; 9. Make recommendations to the city council regarding the adoption of cultural resources preservation incentives including, but not be limited to economic and tax incentives, conservation easements, preservation easements, acquisition or sale of property, development rights, fee adjustments and land use, zoning, and development restrictions; 10. Review and make recommendations to city council on applications to participate in local cultural resources preservation incentives programs established to effectuate the purposes of this title; 11. Seek out information and advise city council on the use of various local, state, federal or private sources and mechanisms available to promote cultural resources preservation; 12. As part of the city’s CEQA review procedures if referred by city, identify and advise appropriate city departments and governmental entities of known cultural resources; assess and advise the city council whether any proposed project would have an adverse effect on the significance of such cultural resources; and recommend to the city council appropriate action in compliance with the city’s adopted CEQA procedures; Item 2B-55 13. Evaluate and comment on proposals and environmental reviews that affect cultural resources in the city and are pending before public agencies other than the city of Palm Desert; 14. Prepare and adopt plans including design guidelines for the preservation of cultural resources; 15. Review and make recommendations on zoning and general plan amendments for the purpose of preserving cultural resources; 16. Develop and conduct public information, educational and interpretive programs pertaining to cultural resources preservation and provide for public participation in all aspects of the city’s cultural resources preservation program; 17. Assume whatever responsibilities and duties may be assigned to the committee by the city council under the certified local government provisions, of the National Historic Preservation Act of 1966 as amended; 18. Perform any other functions that may be designated by resolution or motion of the city council. C. Any designation or certified survey of property shall require written consent of the owner of the property.” Section 16. Rescind Existing Bylaws. Bylaws adopted prior to the effective date of this Ordinance are deemed rescinded in their entirety and replaced by the provisions established by this Ordinance and found in Title 2 of the Palm Desert Municipal Code. Section 17. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 18. CEQA. The City Council hereby finds and determines that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily procedural and administrative in nature. Moreover, the changes are technical in nature and do not allow for specific development. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental review is required for the Ordinance. Item 2B-56 SECTION 19. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the ____ day of ___________, 2023 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen Kelly, Mayor ATTEST: _____________________________ Anthony Mejia, City Clerk City of Palm Desert, California APPROVED AS TO FORM: ____________________________ Robert Hargreaves, City Attorney Item 2B-57 [This Page Intentionally Left Blank] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: INTRODUCTION OF AN ORDINANCE REVISING CHAPTER 2.68 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE CULTURAL ARTS COMMITTEE RECOMMENDATION: Waive further reading and pass to second reading an Ordinance revising Chapter 2.68 of the Palm Desert Municipal Code relative to the Cultural Arts Committee. COMMITTEE RECOMMENDATION Staff did not present this item to the Cultural Arts Committee for input because it is associated more with staff time and administrative efficiency than the Committee’s mission. BACKGROUND/ANALYSIS: On September 30, 2021, the City Council adopted Ordinance No. 1369 revising Chapter 2.68 of the Palm Desert Municipal Code updating the Cultural Arts Committee bylaws. A summary of this update includes renaming the Committee from Art in Public Places Commission to Cultural Arts Committee and redefining the Committee’s mission. Included in the bylaw update was the following language: −Recommendation and Action. All review and recommendations utilizing Art in Public Places funding shall be made and forwarded to the City Council which shall be the final determining body of all actions recommended from the Cultural Arts Committee. To streamline work and expedite routine projects, staff recommends that the above language be changed to the following: −Recommendation and Action. All review and recommendations utilizing Art in Public Places funding in an amount over $10,000 that is non-routine as determined by the City Manager shall be forwarded to the City Council for final approval. Item 2C-1 City of Palm Desert Cultural Arts Committee Bylaw Update Page 2 of 2 Specific examples below include routine and non-routine projects under $10,000 that conceptually would apply to this clause. Project Amount Require Council Approval Replacement of artwork on a damaged traffic signal cabinet $2,000 No, routine Sponsorship agreement with artist for artwork to be placed on private property (i.e., mural, sculpture, etc.) $8,000 Yes, non-routine Annual community project involving Palm Desert schools (e.g., traffic signal wrap artwork contest) $6,000 (approved as part of FY budget) No, routine and included with budget Mural on City-owned property $4,000 No, routine and on City-owned property Updating the bylaw language to include a funding threshold will allow staff to obtain buy-in from the Cultural Arts Committee on routine projects that 1) were approved by the City Council as part of the City’s FY budget; 2) require placement (e.g. artist John Cuevas’ artwork on the Suncrawlers traffic signal cabinets on Fred Waring and Cook Street that were damaged in a traffic collision); and 3) are located on City-owned property such as a temporary mural that can be removed at any time. Approval of this threshold can save up to one to two months of staff time by not having to go through the City Council approval process on such routine projects, thereby allowing for more expeditious work. On the other hand, projects under the threshold that are considered non-routine such as those associated with private property, sponsorships in any amount, and others determined by the City Manager will be brought forward for City Council review and approval. Additionally, all requests for purchase of artworks and acceptance of donations to add to the City’s permanent public art collection, even if the amount is under the threshold, will come before the City Council for review and approval. FINANCIAL IMPACT: There is no direct fiscal impact associated with this update to the PDMC. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Draft Ordinance 2.Current Palm Desert Municipal Code Section 2.68 Item 2C-2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.68 OF THE PALM DESERT MUNICIPAL CODE, CHANGING THE CULTURAL ARTS COMMITTEE BYLAWS TO ADD A MONETARY THRESHOLD FOR CITY COUNCIL APPROVAL The City Council of the City of Palm Desert, DOES HEREBY ORDAIN, as follows: Section 2.68 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: 2.68.10 (C) Recommendation and Action. All review and recommendations utilizing Art in Public Places funding in an amount over $10,000 that is non-routine as determined by the City Manager shall be forwarded to the City Council for final approval. PASSED, APPROVED, ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the day of , 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY, MAYOR ATTEST ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 2C-3 Palm Desert, California Municipal Code Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.68 CULTURAL ARTS COMMISSION 2.68.010 Cultural arts commission mission and duties. A.Cultural Arts Committee Purpose. To guide the art in public places program, and beyond that specific program, to provide ideas to the city council for more expansive city-sponsored art opportunities. Art includes, but is not limited to, murals, sculpture, memorials, earthwork, community art, digital media, and performances and festivals. B.Commission Responsibilities. 1.Advocate for inclusion of culture and cultural policy in myriad aspects of the city and the lives of its citizens; 2.Advise the city on issues relating to cultural policy for the arts; 3.Recommend policies and procedures for the art in public places program; 4.Recommend new public art projects; 5.Position the art program within the city to work with other city departments to ensure art is incorporated into the initial planning of public and private projects as they pertain to the art in public places percent for art fee requirements or city funded projects; 6.Review and forward recommendations to the city council regarding public and private art projects which utilize art in public places or city funds; 7.Review and forward recommendations to the city council regarding city public art acquisitions which utilize art in public places or city funds; 8.Review and forward recommendations to the city council regarding donation of artworks to the city; 9.Serve as stewards of the public art collection of the city; 10.Serve as goodwill ambassadors of the art in public places program and city to the community at large. C.Recommendation and Action. All review and recommendations utilizing art in public places funding shall be made and forwarded to the city council which shall be the final determining body of all actions recommended from the cultural arts committee. (Ord. 1369 § 1, 2021; Ord. 900 § 1, 1998) Item 2C-4 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Veronica Chavez, Director of Finance Chris Escobedo, Assistant City Manager REQUEST: APPROVE A COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE FOR FIRE STATION 102 RECOMMENDATION: 1. Approve cooperative agreement with the County of Riverside to provide capital for fire station construction and a staffing cost share for fire station 102 as provided in Attachment 1. 2. Authorize the City Manager to execute the cooperative agreement. BACKGROUND/ANALYSIS: Strategic Plan: This agreement will allow the City to meet the “Public Safety & Emergency Service – Priority 1: Enhance the delivery of public safety services” of the Strategic Pan. Background: In 2021, City Council authorized staff to retain The Matrix Consulting Group to conduct a Fire Station Location Study for the City of Palm Desert. On February 14, 2022, staff presented the Matrix Study findings to City Council, which concluded that unit utilizations and call volumes were high in Stations 71 and 33, negatively impacting response times. It was recommended the city plan and construct a fourth fire station just north of the intersection of Gerald Ford Drive and Frank Sinatra to improve service times. In March, 2021, the City expressed significant concern on impacts to public safety services with the development of the Acrisure arena in the unincorporated county area, which would draw on city services especially in the northern portion of the city. The City filed a California Environmental Quality Act (CEQA) objection to the project, which included the impacts on fire services, response times, traffic, and police services. In order to address a portion of the impacts, staff negotiated this cooperative agreement, which requires the County to pay into the cost and staffing of the fire station as it would be closest fire station and would serve Acrisure arena. By approving this agreement, the County is locked into providing the funding for construction and staffing costs. Agreement Overview • Cost sharing includes equipment, operations, and staffing of the new fire station #102, Item 2D-1 City of Palm Desert Cooperative agreement with County of Riverside – Fire station 102 Page 2 of 2 • City will purchase a new Type I fire engine and the County will purchase a new tractor drawn aerial with equipment at a cost of $1,800,000, • County will provide $3,300,000 upon award of bid, toward capital construction costs as a contribution towards County area fire protection needs, • City will own and maintain station #102. • County will contribute $100,000 towards furniture, fixtures and equipment of the fire station. • 15 positions are needed to fully staff fire station #102, the City would pay for 12 of the positions and the County will pay for 3 of the positions. Once the station is built, there will be annual tracking and review of the staffing costs as well as regular project updates on the construction progress. FINANCIAL IMPACT: At the January 26, 2023 meeting, the City Council awarded a design contract to PBK Architects for development of the new fire station. The funding from this cooperative agreement and City funds is broken down as follows. Funding Sources Amount Former PDRDA Bond Proceeds (Regional Benefit) 15,677,730 Former PDRDA Bond Proceeds (Former I10 Project Funds) 3,000,000 County of Riverside (Arena Contribution) 2,500,000 County of Riverside (FF&E Costs) 900,000 City Fire Facilities Impact Fees (235) 1,300,000 Total City/County Sources 23,377,730 This does not reflect the staffing costs once the fire station is online. Those will be presented at future budget study sessions as construction takes place and service levels reviewed. REVIEWED BY: Department Director: Chris Escobedo City Attorney: Robert W. Hargreaves, Best, Best & Krieger, LLP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Cooperative Agreement Item 2D-2 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT Page 1 of 5 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT FOR FIRE STATION #102 THIS AGREEMENT made and entered into this _____day of _________________________, 2022, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”), and the City of Palm Desert, a municipal corporation (hereinafter referred to as “CITY”). COUNTY and CITY hereinafter may be individually referred to as a “Party” and collectively referred to as the “Parties.” The Parties agree as follows: SECTION I: PURPOSE A.The COUNTY has contracted with the CITY, individually, pursuant to a Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Palm Desert, dated May 13, 2021, by and between the City of Palm Desert and the County of Riverside (the “Cooperative Agreement”) B.As part of the negotiations and in consideration of the cost for providing Fire Services to the CITY, the CITY and COUNTY desire a cost sharing agreement related to the equipment, operations and staffing of Station #102. Station #102 will provide services to the incorporated territory of the City of Palm Desert as well as to unincorporated territory in the County of Riverside. This agreement is for the mutual benefit of both the COUNTY and the CITY. SECTION II: COST SHARE A.The CITY will purchase a new Type I Fire Engine, which conforms to the standard Type I specification for the Fire Department. Each Type I Fire Engine is custom constructed and takes approximately one (1) year to receive fully equipped. B.The COUNTY will purchase a new Tractor Drawn Aerial (“TDA”) with equipment for $1,800,000. The staffing related to the TDA may be determined at a later date. C.For the purposes of the construction and initial outfitting of Station #102, the Parties agree as follows: (1)COUNTY agrees to provide $3,300,000 upon award of bid, toward capital fire station construction costs as contribution towards County area protection needs served by Station #102. In anticipation of future growth/expansion, CITY agrees to include 3rd Bay in station development in return for COUNTY contribution. Item 2D-3 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT Page 2 of 5 (2) CITY will own and maintain Station #102. This includes all repairs, maintenance, and capital improvements to Station #102. (3) CITY estimates Station #102 will open in 2025. (4) CITY and COUNTY agree to cost share the initial outlay, in the Station #102 Company Costs (“Station Comp”), which includes household, kitchen, furniture, fixtures, and equipment (“FFE”). The COUNTY’s share of Station Comp (FFE) shall not exceed $100,000. Any additional FFE outside of the COUNTY Standard Station Comp and costs in excess of the foregoing limit shall be the responsibility of the CITY. (5) Until the Type I Fire Engine is received and placed into service, COUNTY shall loan a Type I Fire Engine to the CITY to place into service from the Station #102. The full cost of maintenance and insurance of this Type I Fire Engine shall be covered by the COUNTY and allocated to the CITY as part of the Cost Allocation Plan Fleet Support. D. For the purposes of staffing the Type I Fire Engine of Fire Station #102, the Parties agree as follows. (1) The CITY shall pay the actual cost of two (2) Fire Captains, two (2) Fire Apparatus Engineers, and two (2) Fire Fighter II Paramedics. (2) The COUNTY shall pay the actual cost of one (1) Fire Captain, one (1) Fire Apparatus Engineer, and one (1) Fire Fighter II Paramedic. (3) The Staffing Model agreed to in support of the current needs/vehicles at Station #102 are as follows: Staffing Model City County Total Ambulance 6 0 6 Engine 6 3 9 Total 12 3 15 (4) The outlined staffing cost share shall be incorporated into the “Cooperative Agreement” via an amendment to the Cooperative Agreement’s Exhibit “A” for the City of Palm Desert, upon operation of the Fire Station. (5) Upon each renewal of any future Cooperative Agreement, the CITY and COUNTY will conduct a review of the cost share agreement and evaluate the current relevance, based on current call volume and incident location. Item 2D-4 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT Page 3 of 5 SECTION III: TERM The term of this Agreement shall begin on the date of full execution of this Agreement and shall remain into effect until the Fire Station is operational with the Type I Fire Engine. SECTION IV: INDEMNIFICATION The indemnification provisions as provided in the respective Cooperative Agreement referenced above, as they are currently in effect or hereafter entered into, shall apply to this Agreement. SECTION IV: AUDIT COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other Party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other Party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. COUNTY and CITY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (See, e.g., Gov. Code, §8546.7; Pub. Contract Code, §10115 et seq.; CCR, Title 2, § 1896 et seq.). SECTION V: DISPUTES The disputes provisions as provided in the respective Cooperative Agreement referenced above, as they are currently in effect or hereafter entered into, shall apply to this Agreement. SECTION V: ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((‘CUETA’) Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an Item 2D-5 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT Page 4 of 5 electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of ‘electronic signature’ as defined in subdivision (i) of Section 1633.2 of the Civil Code. /// /// /// [Signature Provisions on following page] Item 2D-6 A COOPERATIVE AGREEMENT TO PROVIDE CAPITAL FOR FIRE STATION CONSTRUCTION AND A STAFFING COST SHARE AGREEMENT SERVICES FOR THE CITY OF PALM DESERT Page 5 of 5 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first herein above written. CITY OF PALM DESERT DATED:___________________ BY:__________________________________ TITLE:_________________________________ ATTEST: APPROVED AS TO FORM: BY:_____________________________ BY:___________________________________ TITLE:__________________________ TITLE:_________________________________ COUNTY OF RIVERSIDE DATED:_________________________ BY:____________________________________ CHAIR, BOARD OF SUPERVISORS ATTEST: APPROVED AS TO FORM: KECIA HARPER MINH TRAN, Clerk of the Board County Counsel BY: __________________________ BY: _____________________________ MELISSA R. CUSHMAN Deputy County Counsel Item 2D-7 [This page has intentionally been left blank.] Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Lucero Leyva, Project Manager Randy Bowman, Deputy Director of Public Works REQUEST: AWARD CONTRACTS TO MULTIPLE VENDORS FOR CONSTRUCTION MANAGEMENT SERVICES OF PUBLIC WORK PROJECTS FOR AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 RECOMMENDATION: 1. Award contracts to Anser Advisory Management, LLC., of Santa Ana, California, and MARRS Services, Inc. of Fullerton, California for construction management services of Public Works Projects for a term of two years (2) years with the option to renew for no more than three (3) additional one-year terms in a combined aggregate amount between both vendors, not to exceed $11,739,394. 2. Authorize the City Manager to execute said agreements and subsequent task orders. 3. Direct the City Attorney, Director of Finance and Director of Public Works to review annual expenditures and performance of the vendors under said Agreements. BACKGROUND/ANALYSIS: Currently, the City has a projected five-year CIP budget totaling an estimated 78.3 million dollars, see the table below: Description Budget Street Program 31,152,262 Parks and Landscaping 16,000,000 Facilities 28,225,330 Desert Willow 1,085,036 PD Housing Authority 1,800,000 Total 78,262,628 The City uses both city staff (project managers and inspectors) and construction management consultants to support completion of capital improvement projects. For example, the annual slurry seal program has been managed by city staff, while construction management consultants were contracted to manage larger projects such as San Pablo Improvements, CV Link, and Presidents’ Plaza. To support the planned projects included in the 5-year CIP, there is a need to procure construction management services. In order to minimize redundancies and time by procuring similar services for each project, staff has packaged construction management and is requesting City Council to award two on-going construction management service contracts. On average, construction management services range between 10 to 15 percent of the construction budget. Staff estimates 11.739 million dollars is needed for the next 5 years, if all CIP projects noted above are to be supported by construction management services. Item 2E-1 City of Palm Desert Award Contracts for Construction Management Services Page 2 of 4 Description Budget Est. Const Management Street Program 31,152,262 4,672,839 Parks and Landscaping 16,000,000 2,400,000 Facilities 28,225,330 4,233,800 Desert Willow 1,085,036 162,755 PD Housing Authority 1,800,000 270,000 Total 78,262,628 11,739,394 The goal is to have available and to use the expertise of the construction management consultant to help with risk management, utility coordination, constructability reviews, cost estimates, onsite inspections, contracts, project and program management, and other related services as needed. Construction Management Services Procurement and Analysis: • A request for proposal (RFP) for construction management services of the North Sphere Fire Station and cost estimating services for the Building Assessment of Fire Stations 33 and 71 was advertised via OpenGov on December 2, 2022. • City Staff issued Addendum#1 on December 13, 2022, to expand the scope of the RFP to possibly include other City Projects like the Parkview Building and Discover PD. • A total of three (3) proposals were received on January 13, 2023. Consultant Location Anser Advisory Management, LLC Santa Ana, CA Ledesma & Meyer Construction Co., Inc. Rancho Cucamonga, CA MARRS Services, Inc. Fullerton, CA An internal selection committee was created for this RFP, which included representatives from the Public Works Department, Economic Development Department, Finance Department, and Cal Fire. Based on the qualifications, experience, and key personnel detailed within the proposals, the committee agreed on extending an interview invitation to Anser Advisory and MARRS Services. Both consultant interviews took place on January 30. After reviewing the proposals and interview results, the committee determined that both consultants would be a good resource for the city to employ throughout its various CIP projects. References for each contractor provided favorable comments on their ability to start and complete projects on time, within budget, and with prompt communication. If approved, the contracts will be managed in a task order format; the City will request a task proposal that the consultant will prepare, the City will review for cost, schedule and resource availability, and then the cost will be negotiated, and a task order issued to the consultant. Tasks and expenses will be tracked and managed to ensure the two aggregate contract amounts do not exceed the total $11.739 million identified for construction management services. FINANCIAL IMPACT: There is no additional financial impact to the general fund beyond the allocation from the Item 2E-2 City of Palm Desert Award Contracts for Construction Management Services Page 3 of 4 appropriate/associated CIP account. Additional monies may need to be appropriated to support the construction management services needed for the full construction of a project. The following identifies some of the accounts that could be used to issue a task order; however, this does not mean that all projects would be issued a task order or that only the projects listed below would be allowed to use the construction management services outlined in the contracts. Account No. FY22/23 5-Year CIP Project Budget Est. Const Mgt Description 2134633-5000103 3,650,000 547,500 Walk and Roll PD 2134250-5000904 1,000,000 150,000 Haystack Road Traffic Calming Improvements 2314670-5000202 12,915,000 1,937,250 PD Link 2334670-5000201 16,000,000 2,400,000 North Sphere Park Improvements 4004430-5000912 4,000,000 600,000 Lupine Plaza 2304220-4400100 23,377,730 3,506,660 Fire Station Improvements * 4514220-4400100 5204195-4809200 1,085,036 162,755 Desert Willow Tee Box Leveling and Turf Reduction 4414195-4809200 5104361-4400100 1,497,600 224,640 Parkview Building ** 4514419-4400100 3,000,000 450,000 Discover PD 4204370-5000454 1,000,000 150,000 Haystack Road Channel Improvements 2134311-4332000 500,000 75,000 White Stone Lane Drainage Improvements 2134250-5000907 3,750,000 562,500 Traffic Operations and Capacity Improvements 2134250-5000906 990,000 148,500 Traffic Signal Hardware Upgrades 2344250-4400100 2134317-5000908 1,663,000 249,450 Roadway Safety Improvements 2324370-5000455 789,262 118,389 Section 29 Retention Basin Study 2894374-5000455 2134310-5000205 500,000 75,000 Sidewalk Replacement Program 1104312-4332000 75,000 11,250 Curb Ramp Modification Program 2134312-4400100 1104313-4332000 350,000 52,500 Parking Lot Improvement Program 4414195-4809200 2134359-4400100 320,000 48,000 Bridge Inspection and Repair Program 8714195-4331100 1,800,000 270,000 One Quail Place Parking lot and Carport Rehabilitation * Project estimated budget presented to City Council at January 26, 2023 Study Session, which will be included in the FY23/24 CIP budget Item 2E-3 City of Palm Desert Award Contracts for Construction Management Services Page 4 of 4 ** Current project budget in the approved FY22/23 CIP to be updated by the building assessment contract awarded by the City Council on January 26, 2023 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Anser Advisory Management, LLC Proposal 2.Anser Advisory Management, LLC Agreement 3.MARRS Services, Inc. Proposal 4.MARRS Services, Inc. Agreement Item 2E-4 SUBMITTED BY : 2677 N. MAIN STREET, SUITE 400 SANTA ANA, CA 92705 (714) 276.1135 Construction Management Services for North Sphere Fire Station and Cost Estimating Services for the Building Assessments of Fire Station 33 and 71 January 13, 2023 CITY OF PALM DESERT REQUEST FOR PROPOSAL 2022-RFP-153 Item 2E-5 CITY OF PALM DESERT RFP 2022-RFP-153 Construction Management Services for North Sphere Fire Station and Cost Estimating Services for the Building Assessments of Fire Station 33 and 71 E. FEE PROPOSAL Item 2E-6 Labor Position Key Staff Billing Rate Principal Tyson Atwood $255.00 Construction Manager, Supervising Stephen Mutch $240.00 Construction Manager, Senior Tony Gatoff $210.00 Construction Manager, Associate $180.00 Construction Manager, II $140.00 Construction Manager, I $110.00 Inspector, Senior $155.00 Inspector, Associate $135.00 Inspector (Prevailing Wage)$185.00 Scheduler, Technical Expert $225.00 Scheduler, Senior $185.00 Scheduler, Associate $140.00 Scheduler, Junior $120.00 Technical Expert (Claims)Shawn Paroline $235.00 Technical Expert (Estimating)Andy Kleimola $235.00 Estimator, Supervising Dustin Reinhardt $185.00 Estimator, Associate $160.00 Estimator, Junior $110.00 Admin $95.00 Admin, Senior $110.00 Labor Compliance Manager $135.00 Labor Compliance Analyst $105.00 ODC's (Reimbursable Expenses) Description Unit Rate Virtual Project Office (VPO)Month $1,000.00 Vehicle Rentals*Month $1,300.00 POV Mileage Exp.per IRS rate OpenSpace Photo Documentation As requested Subconsultant Mark-Up 0% * Max Rate. Billed as a percentage of actual hours billed City of Palm Desert Request for Proposal: 2022-RFP-153 January 23, 2023 Item 2E-7 Item 2E-8 Item 2E-9 Item 2E-10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Hours Rates Budget Scope Task 2.1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 64 245.00$ 15,680.00$ 2.1, 2.2, 2.3, 2.10, 2.12, 2.13, 2.22, 2.23 20 20 20 20 10 10 10 10 20 20 20 20 20 10 10 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 10 10 380 235.00$ 89,300.00$ 2.1, 2.2, 2.3, 2.4, 2.5, 2.10, 2.12, 2.13, 2.14, 2.22, 2.23 2 2 2 2 2 2 2 2 2 2 2 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 80 80 562 205.00$ 115,210.00$ 2.10, 2.11, 2.13, 2.19, 2.20, 2.22, 2.23 0 0 0 0 0 0 0 0 0 0 0 0 120 120 120 120 120 120 120 120 120 150 150 150 150 150 120 120 120 120 80 80 2470 135.00$ 333,450.00$ 2.4, 2.5, 2.7, 2.10, 2.22, 2.23 0 0 0 0 0 0 0 0 0 0 0 0 120 168 176 168 176 168 168 160 140 140 140 140 140 140 140 140 140 140 103 0 2807 175.00$ 491,283.27$ 2.4, 2.5, 2.8, 2.22 8 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 0 128 205.00$ 26,240.00$ 2.4, 2.5, 2.8, 2.22 0 0 0 0 0 0 0 0 0 0 0 0 0 40 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 0 0 200 180.00$ 36,000.00$ 2.2, 2.3 0 0 2 2 2 2 2 2 2 4 4 4 4 4 24 24 24 8 8 8 8 8 8 8 8 8 8 4 4 4 4 4 206 220.00$ 45,320.00$ 2.3, 2.21 0 0 16 2 2 2 20 2 2 2 20 8 8 4 4 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 126 160.00$ 20,160.00$ 2.3, 2.21 40 80 80 20 20 20 20 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 314 105.00$ 32,970.00$ 16 16 16 16 16 16 16 16 16 16 16 16 120 65 65 65 65 65 65 65 65 65 65 65 65 65 65 65 65 65 120 120 1657 105.00$ 173,985.00$ 20 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 20 168 106.00$ 17,808.00$ 8,920.00$ 8,100.00$ 15,300.00$ 8,860.00$ 6,510.00$ 6,510.00$ 17,790.00$ 6,510.00$ 8,860.00$ 9,300.00$ 20,580.00$ 16,050.00$ 64,170.00$ 73,125.00$ 72,253.00$ 68,173.00$ 69,573.00$ 64,653.00$ 64,653.00$ 63,253.00$ 59,753.00$ 63,803.00$ 63,803.00$ 63,803.00$ 63,803.00$ 63,803.00$ 59,753.00$ 58,873.00$ 58,873.00$ 58,873.00$ 65,073.27$ 44,050.00$ 1,397,406.27$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 1,441.67$ 43,250.00$ 10,361.67$ 9,541.67$ 16,741.67$ 10,301.67$ 7,951.67$ 7,951.67$ 19,231.67$ 7,951.67$ 10,301.67$ 10,741.67$ 22,021.67$ 17,491.67$ 65,611.67$ 74,566.67$ 73,694.67$ 69,614.67$ 71,014.67$ 66,094.67$ 66,094.67$ 64,694.67$ 61,194.67$ 65,244.67$ 65,244.67$ 65,244.67$ 65,244.67$ 65,244.67$ 61,194.67$ 60,314.67$ 60,314.67$ 60,314.67$ 66,514.94$ 45,491.67$ 1,443,539.60$ 2.7, 2.8 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ -$ -$ 150,000.00$ 2.9 -$ -$ -$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ -$ 70,000.00$ 2.15, 2.22 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 10,000.00$ 10,000.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 15,000.00$ -$ 57,500.00$ -$ -$ -$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 12,500.00$ 12,500.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 14,000.00$ 17,500.00$ -$ 277,500.00$ 10,361.67$ 9,541.67$ 16,741.67$ 12,801.67$ 10,451.67$ 10,451.67$ 21,731.67$ 10,451.67$ 12,801.67$ 13,241.67$ 24,521.67$ 19,991.67$ 68,111.67$ 87,066.67$ 86,194.67$ 83,614.67$ 85,014.67$ 80,094.67$ 80,094.67$ 78,694.67$ 75,194.67$ 79,244.67$ 79,244.67$ 79,244.67$ 79,244.67$ 79,244.67$ 75,194.67$ 74,314.67$ 74,314.67$ 74,314.67$ 84,014.94$ 45,491.67$ 1,721,039.60$ 1,721,039.60$ Principal Manager, P.E. Sr. Construction Manager ODC's Anser Totals Field Office engineer Sr. Building Inspector Scheduler Ultra Systems - Environmental Michael Baker - Survey Doc. Control / Administration Managing Director Estimator Estimator II Estimator I Anser Labor Anser Advisory Anticipated Construction Sequence Contract Administration Contract Management Design Assistance / Coordination Design Coordination / Meetings Constructability Reviews Close Out Palm Desert North Sphere Fire Station Constructability Reviews Construction Leighton - Special Inspection Subconsultant Totals Subconsultants Palm Desert Requested Scope of Services Site Evaluations / Utility Coordination Utility Coordination Inspection Services Special Inspection (3rd Party QA) Permitting assistance Cost Estimating Services Out to Bid / Award Out to Bid & Award Bid Evaluation Cost Estimating Evaluation Permitting Assistance Pre-Construction / Kickoff Construction / Construction Management Site Evaluations / Utility Coordination Construction Bidding Assistance / Evaluation Estimating Services / Bid Evaluation Pre-Construction / Kickoff Utility Coordination Inspection Services Special Inspection (3rd Party QA) Construction / Construction Management Labor Compliance 30 % Design Review 75% Design Review 95% Design Review 100% Design Sr. Scheduler I Staffing Plan Monthly Estimate Commissioning Commissioning Construction Bidding Assistance / Evaluation Project Close outProject Closeout Position Item 2E-11 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 16th day of February 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”) and Anser Advisory Management, a limited liability company, with its principal place of business at 2677 N. Main Street, Suite 400, Santa Ana, CA 92705 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: ON-CALL CONSTRUCTION MANAGEMENT SERVICES (hereinafter referred to as “the Project”). 2.2 Capital Improvement Program. The City has approved in its FY22/23 Financial Plan a 5-Year Capital Improvement Plan (“CIP”). The total cost for construction management services the City may require over the five years of the CIP is estimated to be up to $11,739,394. As a result, the City is entering into contracts with two construction management firms (“Consultants”) to provide on-call construction management services per the terms and conditions set forth in the contracts (the “CM Agreements”). The City will determine which projects may be assigned to the Consultants and issue task order(s) for the projects. This Agreement shall be subject to and conditioned upon appropriation of funds by the City Council. Any financial obligations of the City earned and payable after FY22/23 are contingent upon funds for that purpose being appropriated, budgeted or otherwise made available by the City Council. An oversight committee comprised of representatives of the City Attorney, Director of Finance, and Director of Public Works shall review annual expenditures and performance of the Consultant under this Agreement. 2.3 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement on an on-call, as-needed basis in the task order(s) to be issued pursuant to this Agreement and executed by the City and Consultant (“Task Order”). There is no guarantee of any of the work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent, and shall be subject to annual budget appropriation, funding availability, and subject to annual review by the City of the Consultant performance and availability. Consultant is duly licensed and has the necessary qualifications to provide such services. Item 2E-12 Contract No. ____________ 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference 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 “C”. 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 February 16, 2023, to February 16, 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 three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in each Task Order. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Tyson Atwood, Senior Director VP, Anser Advisory Management, LLC. Item 2E-13 Contract No. ____________ 3.2.5 City's Representative. The City hereby designates Martin Alvarez, Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Tyson Atwood, Senior Director VP, Anser Advisory Management, LLC., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Consultant shall also 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 separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in Item 2E-14 Contract No. ____________ performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Item 2E-15 Contract No. ____________ 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and Item 2E-16 Contract No. ____________ (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Reserved (G) Cyber Liability Insurance. Reserved (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance Item 2E-17 Contract No. ____________ 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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 2E-18 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of Item 2E-19 Contract No. ____________ the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" 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 aggregate between the CM Agreements, shall not exceed ELEVEN MILLION SEVEN HUNDRED AND THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR ($11,739,394) without written approval of the City Council or City Manager, as applicable. Any financial obligations of the City earned and payable after FY22/23 are contingent upon funds for that purpose being appropriated, budgeted or otherwise made available by the City Council. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless Item 2E-20 Contract No. ____________ from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance Item 2E-21 Contract No. ____________ of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Anser Advisory Management, LLC 2677 N Main Street, Suite 400 Santa Ana, CA 92705 ATTN: Tyson Atwood, Senior Director VP City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Martin Alvarez, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a Item 2E-22 Contract No. ____________ minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent Item 2E-23 Contract No. ____________ jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project, this Agreement, or any Task Order, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Item 2E-24 Contract No. ____________ 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and Item 2E-25 Contract No. ____________ authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2E-26 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ANSER ADVISORY MANAGEMENT, LLC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney ANSER ADVISORY MANAGEMENT, LLC. By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 2E-27 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES/SCHEDULE OF SERVICES Item 2E-28 Contract No. ____________ Exhibit “B” EXHIBIT "B" 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 – Riverside Area. 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 aggregate between the CM Agreements, shall not exceed ELEVEN MILLION SEVEN HUNDRED AND THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR ($11,739,394) without written approval of the City Council or City Manager, as applicable. Item 2E-29 Contract No. ____________ Exhibit “B” EXHIBIT “C” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: [INSERT NAME OF AGREEMENT] Contractor: [INSERT NAME OF CONSULTANT] Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: [INSERT ATTACHMENTS, IF ANY] Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Consultant 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 [INSERT CONSULTANT NAME] Dated: Dated: By: By: Item 2E-30 Fee Proposal to Provide ConstrucƟon Management Services for North Sphere Fire StaƟon and Cost EsƟmaƟng Services for the Building Assessments of Fire StaƟon 33 and 71 2022-RFP-153 SubmiƩed to: January 13, 2023 SubmiƩed by: City of Palm Desert Item 2E-31 FEE PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR NORTH SPHERE FIRE STATION AND COST ESTIMATING SERVICES FOR THE BUILDING ASSESSMENTS OF FIRE STATION 33 AND 71 Page | 1 Fee Proposal Major Task Dollars 1. Project Management (all three projects no. 2, 3 and 4) $417,000 2. North Sphere Fire Station  Planning, design, permitting and bid & award $250,000  Construction $612,800 3. Palm Desert Visitor Center (Discover PD)  Planning, design, permitting and bid & award $97,000  Construction and Close-out $315,500 4. Parkview Office Complex Renovation  Planning, design, permitting and bid & award $135,000  Construction and Close-out $410,000 5. Fire Stations 33 and 71 Feasibility Report  Constructability and Cost Estimate/Analysis $32,000 North Sphere Fire Station (Close-out) $45,000 Allowance for Specialty Services: Task Dollars (a) 1. North Sphere Fire Station  Soil and Material Testing $75,000.00  Surveying $25,000.00 2. Palm Desert Visitor Center (Discover PD)  Soil and Material Testing $35,000.00  Quality Assurance Surveying $15,000.00 4. Parkview Office Complex Renovation  Soil and Material Testing $25,000.00  Surveying $10,000.00 5. Utility - Potholing $15,000 (a) Allowances cost will be determined after scope of work is known. (b) See assumptions on page 2 Item 2E-32 FEE PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR NORTH SPHERE FIRE STATION AND COST ESTIMATING SERVICES FOR THE BUILDING ASSESSMENTS OF FIRE STATION 33 AND 71 Page | 2 Assumptions: 1. MARRS’ Cost Proposal is based on the schematic schedule presented in Exhibit D1 of the Technical Proposal. It is for the 2-year contact duration. The cost for close-out of the North Sphere Fire Station which extends beyond 2-years is shown separately. 2. Project Management Cost for all three projects is presented as a single line item due to overlapping project management work activities for the projects. 3. Cost of Surveying, Soil and Material Testing, Potholing and Hazmat Remediation/Removal, and Environmental Mitigation Monitoring are included as Allowance and will be negotiated separately once the projects requirements are known. 4. Construction durations for the Parkview Building Renovation is a preliminary estimate because there is no information as to the extent of renovation and work involved; therefore, the schedule and cost are subject to change. 5. The construction phase costs do not include cost and schedule impact caused by the City, Contractor’s action, and/or natural events. There will be additional cost if the schedule is delayed due to these reasons. 6. Cost proposed DOES NOT include any services for Environmental Mitigation Monitoring required for biological, cultural, archaeological, Native American Heritage, paleontological measures identified by the environmental assessment. 7. Cost Proposal DOES NOT include HAZMAT and Hazardous waste removal inspection and oversight. Item 2E-33 CITY OF PALM DESERT CONSTRUCTION MANAGEMENT SERVICES FOR NORTH SPHERE FIRE STATION AND COST ESTIMATING SERVICES FOR THE BUILDING ASSESSMENTS OF FIRE STATION 33 AND 71 (2022-RFP-153) FEE PROPOSAL See attached fee proposal. HOURLY RATE SCHEDULES PRIME FIRM MARRS Services, Inc. SUBCONSULTANTS The rate sheets for the following subconsultants are included in the order listed below: C Below, Inc. Coast Surveying, Inc. MTGL, Inc. PBS Engineers Item 2E-34 Item 2E-35 Item 2E-36 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW www.cbelow.com Page 1 Service Cost Ground Penetrating Radar GPR | Certifi ed Supervising Technician.............................................................................................................. $ 195.00 per hour GPR | Trained Certifi ed Assistant Technician...................................................................................................... $ 175.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour Utility Locating - Electromagnetic Locator Locating | Certifi ed Supervising Technician.........................................................................................................$ 195.00 per hour Locating | Trained Certifi ed Assistant Technician................................................................................................ $ 175.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour Mapping Mapping | Supervising Tech................................................................................................................................ $ 230.00 per hour Drafting | In-house drafting in AutoCAD.............................................................................................................. $ 125.00 per hour Manhole Dip | Record depth from rim of manhole to invert of pipe..................................................................... $ 150.00 per hole Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 225.00 per hour CCTV Pipe Inspection CCTV Robotic Camera Pipe Inspection | For lines greater than 8 inches, includes locating and video............. $ 385.00 per hour CCTV Push Camera Pipe Inspection | For lines smaller than 8 inches, includes locating and video................. $ 365.00 per hole CCTV Lateral Locating | Remote camera launch, includes locating and video for one lateral............................$ 50.00 per lateral. Water Jetting | Trailer mounted unit, jetting to clear blocked lines up to 8 inches in diameter............................ $ 450.00 per hour Water Jetting | Pipe cleaning utilizing vac-truck.................................................................................................. $ 585.00 per hour Travel Time | Mobilization technician plus equipment......................................................................................... $ 135.00 per hour Travel Time | Mobilization crew plus equipment..................................................................................................$ 225.00 per hour Potholing Standard Pothole 1’ x 1’ x 0’ - 5’ deep................................................................................................................. $ 625.00 per hole Pothole 1’ x 1’ x 5’-10’ deep................................................................................................................................ $ 675.00 per hole Pothole 1’ x 1’ x 10’ - 15’ deep............................................................................................................................. $ 885.00 per hole Pothole 1’ x 1’ x 15’ - 20’ deep............................................................................................................................. $ 1,250.00 per hole Pothole 1’ x 1’ x 20’ - 25’ deep............................................................................................................................ $ request quote Traffi c Control | Basic 0 - 25 MPH....................................................................................................................... $ 900.00 per day Traffi c Control | Standard 25 - 55 MPH............................................................................................................... $ 1250.00 per day Traffic Control | Extensive................................................................................................................................... $ 1,500.00 per day Traffic Control | Half day..|..25-55 MPH.............................................................................................................. $ 625.00 per day Traffi c Control Plans | Engineered Stamped Plans............................................................................................. $ 550.00 per page Flagman.............................................................................................................................................................. $ 175.00 per hour Potholing Hourly Crew | Includes surface breaking, sand backfill, and permanent cold patch repair................ $ 585.00 per hour Potholing Hourly Single Tech | Includes vac-truck, no surface breaking, backfill, or patching........................... $ 375.00 per hour Keyhole Coring | Includes utilibond..................................................................................................................... $ 250.00 per hole Vacuum Excavation Spoil Removal and Dump Fee | Removal of excavated spoils and dumping of material... $ 550.00 per trip Prevailing Wage Item 2E-37 14280 Euclid Ave Chino, CA 91710 1-888-90-BELOW www.cbelow.com Page 2 Service Cost Potholing Continued Hot Patching | Standard 2’ x 2’ area.................................................................................................................... $ request quote Slurry Backfi ll.......................................................................................................................................................$ request quote Pothole Report | Drafting time to generate PDF.................................................................................................. $ 250.00 per report Travel Time | Mobilization technician plus equipment......................................................................................... $ 265.00 per hour Travel Time | Mobilization crew plus equipment.................................................................................................. $ 285.00 per hour Additional Fees Administration / Project Coordination.................................................................................................................. $ 95.00 per hour Per Diem | Per technician................................................................................................................................... $ 150.00 per day Permit Costs | 3rd party....................................................................................................................................... $ +10% markup C Below Terms & Conditions apply to all services. * 15% Overtime charges applies to all services for Saturday work and off hours 6:00 pm - 6:00 am * 20% Overtime charges applies to all services for Sunday work * All services will be billed within the 4 & 8 hour minimum Prevailing Wage Item 2E-38 Item 2E-39 PROFESSIONAL SERVICES UNIT RATE LAB TESTING - CONCRETE UNIT RATE Staff Engineer / Geologist HR $ 115.00 C39 Compressive Strength - Concrete Cylinders (6" x 12") EACH $ 35.00 Project Manager/Engineer/Geologist HR $ 135.00 C39 Compressive Strength - Cores (6" Max. Diameter)EACH $ 55.00 Principal Engineer/Geologist HR $ 175.00 C78 Flexural Strength - Beams (6" x 6")EACH $ 60.00 Draftsperson HR $ 70.00 C157 Concrete Shrinkage (Set of 3)SET $ 350.00 Administrative (Per Monthly Invoice)5%C174 Handling Charge - Cylinders Not Broken/Hold EACH $ 10.00 Certified Payroll (Per Pay Period) $ 95.00 C192 Concrete Trial Batch w/ Lab Testing EACH $ 1,100.00 C469 Modulus of Elasticity EACH $ 150.00 FIELD INSPECTION PERSONNEL UNIT RATE C495 Comp. Strength - Lightweight Concrete Fill EACH $ 45.00 ICC Special Inspector HR $ 118.00 Handling Charge - Beams Not Broken/Hold EACH $ 50.00 Soils/Asphalt Technician HR $ 118.00 C496 Tensile Strength, Splitting EACH $ 75.00 AWS/CWI Welding Inspector HR $ 118.00 C567 Unit Weight (Hardened Lightweight Concrete)EACH $ 50.00 Steel Fabrication / NDT Technician HR $ 145.00 C1140 Shotcrete Panel Test EACH $ 300.00 Field/Lab Supervisor HR $ 118.00 Core Trimming (In Laboratory)EACH $ 55.00 DSA Masonry/Shotcrete Inspector HR $ 125.00 L.A. Deputy Grading Inspector HR $ 125.00 LAB TESTING - ASPHALT UNIT RATE L.A. City Special Inspector HR $ 118.00 D1188 Core Density Parafilm Coated EACH $ 85.00 Multi-Certified Inspector HR $ 118.00 D1560 Stabilometer - HVEEM EACH $ 290.00 Pull l Torque Testing Technician HR $ 118.00 D1561 Max Density - HVEEM EACH $ 195.00 Batch Plant (Concrete or Asphalt) Technician HR $ 118.00 D2172 Asphalt Content by Solvents EACH $ 250.00 Floor Flatness / Levelness (Inc. Equipment)DAY $ 1,500.00 D3910 Wet Track Abrasion EACH $ 195.00 Prestressed/Post Tensioned Inspector HR $ 118.00 D5444 Gradation of Extracted Agg EACH $ 275.00 Concrete, Masonry, Asphalt Coring or Sawing QUOTE D6307 Asphalt Content by Ignition EACH $ 245.00 Travel Time HR Tech Rate D6926 Max Density - Marshall EACH $ 295.00 Mileage MILE $ 0.58 D6927 Stability and Flow - Marshall EACH $ 375.00 T209/D2041 Theoretical Maximum Density EACH $ 150.00 LAB TESTING - SOIL UNIT RATE T324 Hamburg Wheel EACH $ 1,000.00 D422 Hydrometer Analysis EACH $ 175.00 CT 370 Moisture Content EACH $ 70.00 D422 Sieve Analysis of Soil EACH $ 200.00 D558 Soil Cement - Maximum Density EACH $ 300.00 LAB TESTING - MASONRY UNIT RATE D559 Soil Cement - Sample Preparation EACH $ 100.00 C109 Mortar - 2" Cube Compressive Strength EACH $ 40.00 D854 Specific Gravity of Soils EACH $ 125.00 C140 Block - Compressive Strength EACH $ 75.00 D1140 Materials Finer than #200 (Sieve)EACH $ 60.00 C140 Block - Moisture & Absorption EACH $ 80.00 D1557 Maximum Density EACH $ 290.00 C140 Block - Unit Weight & Measurements EACH $ 275.00 D1883 California Bearing Ratio (CBR)EACH QUOTE C426 Block - Linear Shrinkage EACH $ 180.00 D2216 Soil Moisture Content by Mass EACH $ 25.00 C780 Mortar - (2" x 4") Cylinders Comp. Strength EACH $ 35.00 D2419 Sand Equivalent EACH $ 110.00 C1019 Grout Prisms - Compressive Strength EACH $ 35.00 D2434 Permeability EACH QUOTE Handling Charge (Cylinders/Cubes/Prisms) Not Broken/Holds EACH $ 75.00 D2435 Consolidation EACH $ 225.00 C1314 CMU Grouted Prisms - Comp. Strength (< 8" x 8" x 16")EACH $ 180.00 D2435 Consolidation with Time Rate EACH $ 275.00 C1314 CMU Grouted Prisms - Comp. Strength (> 8" x 8" x 16")EACH $ 245.00 D2844 R-Value & Expansive Pressures 3 Points $ 250.00 C67 Brick - Boil EACH $ 90.00 D2937 Moisture & Density (Ring Samples)EACH $ 30.00 C67 Brick - Compressive Strength EACH $ 50.00 D3080 Direct Shear EACH $ 200.00 C67 Brick - Moisture & Absorption EACH $ 85.00 D4318 Plasticity Index of Soils EACH $ 145.00 D4829 Expansion Index of Soils EACH $ 135.00 LAB TESTING - STEEL UNIT RATE CT 216 CA Impact Max Density EACH $ 225.00 Steel Chemical Analysis/AWS Weld:Macroetch/Fracture/Bend Test EACH QUOTE CT 216 CA Impact Rock Correction EACH 95.00$ A325 High Strength Bolt, Nut & Washer Conformance (Per Assembly)EACH 180.00$ A370 Brinell & Rockwell Hardness Test EACH $ 80.00 LAB TESTING - AGGREGATES UNIT RATE A370 Nelson Stud Tensile EACH $ 195.00 C40 Organic Impurities in Fine Agg EACH $ 95.00 A370 Rebar Bend & Tensile Test No. 11 Bar & Smaller EACH $ 45.00 C88 Soundness by Sodium Sulfate EACH $ 315.00 A615/706 Bend Test No. 11 Bar and Smaller EACH $ 60.00 C123 Percent Lightweight Particles EACH $ 215.00 A615/706 Tensile No. 11 Bar and Smaller EACH $ 65.00 C127 Specific Gravity (Coarse Agg)EACH $ 130.00 A615/706 Tensile No. 14 Bar and Larger EACH QUOTE C128 Specific Gravity (Fine Agg)EACH $ 150.00 A416 Prestressing Wire, Tension EACH $ 170.00 C131 Abrasion - Los Angeles Rattler EACH $ 235.00 Sample Preparation (Cutting)EACH $ 80.00 C136 Sieve Analysis (Combined Agg)EACH $ 130.00 A416 Prestressing Cable (7 Wire) - Yield & Tensile EACH $ 170.00 C136 Sieve Analysis (Fine or Coarse Agg)EACH $ 110.00 E605 Fireproofing Unit Weight EACH $ 60.00 C142 Clay Lumps & Friable Particles EACH $ 135.00 C535 Abrasion (Large Agg) - Los Angeles Rattler EACH $ 235.00 EQUIPMENT CHARGES UNIT RATE C566 Moisture Content by Drying EACH $ 25.00 Air Meter DAY $ 30.00 CT 227 Cleanness Value EACH $ 230.00 Dye Penetrant Equipment DAY $ 50.00 D3744 Durability Index EACH $ 180.00 Emissivity Test Kit EACH $ 50.00 D5821 Flat & Elongated Particles EACH $ 200.00 Ground Rod Equipment DAY $ 50.00 T335 Crushed Particles EACH $ 170.00 Jacking Assembly DAY $ 65.00 Magnetic Particle Equipment DAY $ 50.00 LAB TESTING - Misc.UNIT RATE Nuclear Density Gauge DAY $ 70.00 C67 Roofing Tile Absorption EACH $ 60.00 Pachometer DAY $ 55.00 C67 Roofing Tile Strength Test EACH $ 60.00 Sand Cone Kit DAY $ 50.00 Schmidt Hammer DAY $ 45.00 Sample Pickup Charges UNIT RATE Skidmore-Wilhelm Bolt Cell DAY $ 65.00 Pick up Sample Trip Charge (4hr Minimum)HR $ 65.00 Torque Wrench DAY $ 50.00 Weekend Sample Pick Up Charge (2hr Minimum)HR $ 80.00 Ultrasonic Equipment DAY $ 45.00 Outside Services MTGL Fee Schedule for Prevailing Wages July 1, 2022 - July 1, 2023 Cost +20% Services provided after July 1, 2023 will increase 5 % per hour Item 2E-40 Minimum Field Hourly Charges Travel Charges & Mileage For Field Technicians, Special Inspectors or any on-site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work. 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. Scheduling & Cancellations • A 24-hour notice is required when scheduling an inspection or technician. • A two-hour show -up charge will be applied to any service canceled the same day of service. • Verbal request will be considered authorization to perform billable work. Client shall designate member(s) of staff who have authority to request services and notify MTGL in writing of their authorized representative. Otherwise all service requests are billable. Overtime Rates Laboratory Testing • Work performed in excess of 8 hours per day and / or up to eight (8) hours on Saturdays will be billed at 1.5 times the unit rate. • Work performed on Sunday, recognized holidays, or in excess of eight (8) hours on Saturdays will be billed at 2.0 times the unit rate. • A 20% surcharge will be applied for laboratory tests performed on a Saturday or Sunday. • Work performed by field or laboratory staff outside of normal business hours ( 5:00 AM - 5:00 PM) will be subject to the above overtime rates. • A 2-hour minimum material sample pick-up charge with an hourly rate of $50 will be billed in addition to the prices quoted for testing. • Quoted laboratory test rates assume samples are free of hazardous materials. Handling and testing of samples containing hazardous materials may include additional costs. Administrative Charges Weekend Sample Pick-Ups • All admintstrative costs including report distribution are billed at 5% of the monthly invoice total. In order to be in strict conformance with testing standards, it may be required that weekend pick- ups be performed (e.g. concrete specimens cast on Friday must be picked up during weekend to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized then MTGL will not be held responsible for any negative consequences for non-conformance . Anticipated Costs Terms of Payment • MTGL estimates a budget to assist the client with code required inspections and testing based upon information provided by the client. MTGL’s ability to perform within the estimated budget relies heavily on the accuracy of the information provided, as well as the cooperation of client’s management staff. • Project actual budget totals may vary. Estimated budget hours are based upon 40 hours a week, 8 hours a day, Monday-Friday. Client shall monitor the percentage of work remaining to assure inspections and testing is not greater than the estimated budget and adjusts the contractor’s labor and scheduling to maintain the work completion schedule. • Client recognizes and agrees that any “anticipated costs,” “budget estimates,” or the like that may be prepared by MTGL are NOT “guaranteed maximums,” “lump sums;” or “not-to-exceed totals”. Client will be invoiced for all work performed and only for work performed based on MTGL's working conditions and hours as an attachment to their contract. • Additionally, any weekly overtime hours, Saturday or Sunday, double shift, and/or night shift differential for shop steel inspection are NOT included in MTGL’s proposal. • Invoices for all services willl be submitted monthly. • MTGL reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against MTGL, its subsidiaries, affiliates. servants and agents for termination of work on account of these terms. • In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time. court costs, attorney fees and all other related expenses in such litigation. Additionally, in the event of a non- adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party. Reimbursable Expenses & Outside Services Prevailing Wage • Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, outside reproduction, and other reimbursable expenses will be invoiced at cost plus 20%. • Outside services will be billed at cost plus 20% unless billed directly to and paid for by Client. Please note that all inspector and technician rates will increase every July 1, to commensurate with the State of California Prevailing Wage increases. Basis of Charges and Contract Terms The charges for services and General Terms and Conditions set forth below will govern the provision of services and will constitute the contract terms between the Owner or Owner’s Representative (Client) and MTGL, Inc unless the Client and MTGL, Inc. have executed a written contract with respect to such services, in which case the terms and provisions of the written contract shall supersede. • For projects outside a 50-mile radius from the nearest MTGL facility, $0.58 per excess mile to and from the project will be charged for inspectors and technicians. • When project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis. • For all projects, $0.58 per mile rate and applicable travel time will be charged portal to portal for engineers, consultants, and supervisors from the laboratory to the project site and return. Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Item 2E-41 Item 2E-42 FEE PROPOSAL – January 5, 2023 City of Palm Desert Building Assessment of Fire Stations 33 & 71, Parkview Office Buildings New Ground-up Fire Station and New Palm Desert Visitor Center Palm Desert, California Page 2 PBS ENGINEERS, INC. TERMS AND CONDITIONS Indemnification: The Client shall indemnify and hold harmless PBS Engineers, Inc. (PBS) and all of its personnel from and against any claims, damages, losses, and expenses (including reasonable attorney's fees) arising out of or resulting from the performance of the services, provided that any such claim, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except the Engineer), or anyone for whose acts any of them may be liable. Limitation of Liability: To the greatest extent allowed by law, the aggregate liability of PBS for any injuries, claims, demands, losses, expenses, or damages, of whatever kind, arising out of or in any way related to this Agreement or the services proved by PBS on this project, shall be limited to $50,000 or the total fee received by PBS pursuant to this Agreement, whichever is greater. Further, no officer, director, shareholder, or employee of PBS shall bear any personal liability to Client for any injuries, claims, demands, losses, expenses, or damages, of whatever kind or character, arising out of or in any way related to this Agreement or the serviced provided by PBS on this project. Mediation: All disputes between Client and PBS arising out of or relating to this Agreement shall be submitted to non-binding mediation prior to the commencement of any other judicial proceeding. Dispute Handling: PBS shall make no claim against Client without first providing Client with a written notice of damages and providing Client thirty (30) days to cure before an action is commenced. The Client shall make no claim, either directly or in a third-party claim, against PBS unless the Client has first provided PBS with a written certification executed by an independent professional practicing in the same discipline as PBS and licensed in the state of the subject project. This certification shall: (a) contain the name and license number of the certifier; (b) specify each and every act or omission the certifier contends is a violation of the standard of care expected of professional performing professional services under similar circumstances; and (c) state in complete detail the basis for the certifier’s opinion that each such act or omission constitutes such a violation. This certificate shall be provided to PBS in less than thirty (30) calendar days before any claim, institution, or judicial proceeding is presented. Ownership of Documents: The drawings, calculations, and specifications are instruments of service and shall remain the property of PBS, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by Agreement in writing. Applicable Laws: Unless otherwise specified, this Agreement shall be governed by the laws of the State of California. Item 2E-43 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 16th day of February 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”) and MARRS SERVICES, Inc., an S Corporation, with its principal place of business at 328 E. Commonwealth Avenue, Fullerton, California 92832 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: ON-CALL CONSTRUCTION MANAGEMENT SERVICES (hereinafter referred to as “the Project”). 2.2 Capital Improvement Program. The City has approved in its FY22/23 Financial Plan a 5-Year Capital Improvement Plan (“CIP”). The total cost for construction management services the City may require over the five years of the CIP is estimated to be up to $11,739,394. As a result, the City is entering into contracts with two construction management firms (“Consultants”) to provide on-call construction management services per the terms and conditions set forth in the contracts (the “CM Agreements”). The City will determine which projects may be assigned to the Consultants and issue task order(s) for the projects. This Agreement shall be subject to and conditioned upon appropriation of funds by the City Council. Any financial obligations of the City earned and payable after FY22/23 are contingent upon funds for that purpose being appropriated, budgeted or otherwise made available by the City Council. An oversight committee comprised of representatives of the City Attorney, Director of Finance, and Director of Public Works shall review annual expenditures and performance of the Consultant under this Agreement. 2.3 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement on an on-call, as-needed basis in the task order(s) to be issued pursuant to this Agreement and executed by the City and Consultant (“Task Order”). There is no guarantee of any of the work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent, and shall be subject to annual budget appropriation, funding availability, and subject to annual review by the City of the Consultant performance and availability. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to Item 2E-44 Contract No. ____________ furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference 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 “C”. 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 February 16, 2023, to February 16, 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 three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in each Task Order. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Riaz Chaudhary, Principal. Item 2E-45 Contract No. ____________ 3.2.5 City's Representative. The City hereby designates Martin Alvarez, Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Riaz Chaudhary, Principal, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Consultant shall also 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 separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in Item 2E-46 Contract No. ____________ performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Item 2E-47 Contract No. ____________ 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and Item 2E-48 Contract No. ____________ (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Reserved (G) Cyber Liability Insurance. Reserved (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance Item 2E-49 Contract No. ____________ 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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 2E-50 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of Item 2E-51 Contract No. ____________ the laws, regulations and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" 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 aggregate between the CM Agreements, shall not exceed ELEVEN MILLION SEVEN HUNDRED AND THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR ($11,739,394) without written approval of the City Council or City Manager, as applicable. Any financial obligations of the City earned and payable after FY22/23 are contingent upon funds for that purpose being appropriated, budgeted or otherwise made available by the City Council. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "B" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless Item 2E-52 Contract No. ____________ from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance Item 2E-53 Contract No. ____________ of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: MARRS Services, INC. 328 E. Commonwealth Avenue Fullerton, CA 92832 ATTN: Riaz Chaudhary, Principal City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Martin Alvarez, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a Item 2E-54 Contract No. ____________ minimum of fifteen (15) years following completion of the Project and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent Item 2E-55 Contract No. ____________ jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project, this Agreement, or any Task Order, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Item 2E-56 Contract No. ____________ 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and Item 2E-57 Contract No. ____________ authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2E-58 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND MARRS SERVICES, 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 MARRS SERVICES, INC. By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 2E-59 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES/SCHEDULE OF SERVICES Item 2E-60 Contract No. ____________ Exhibit “A” EXHIBIT "B" 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-Riverside Area. 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 aggregate between the CM Agreements, shall not exceed ELEVEN MILLION SEVEN HUNDRED AND THIRTY-NINE THOUSAND THREE HUNDRED AND NINETY-FOUR ($11,739,394) without written approval of the City Council or City Manager, as applicable. Item 2E-61 Contract No. ____________ Exhibit “C” EXHIBIT “C” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: [INSERT NAME OF AGREEMENT] Contractor: [INSERT NAME OF CONSULTANT] Consultant is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: [INSERT ATTACHMENTS, IF ANY] Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Consultant 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 [INSERT CONSULTANT NAME] Dated: Dated: By: By: Item 2E-62 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: AWARD A PROFESSIONAL SERVICES AGREEMENT TO KIMLEY- HORN AND ASSOCIATES IN THE AMOUNT OF $496,464 FOR A RAIL STATION FEASIBILITY STUDY RECOMMENDATION: 1.Award a professional services agreement to Kimley-Horn and Associates from Indian Wells, California, for a rail station feasibility study (“Study”) in the amount of $496,464 for a term of one-year with an option to renew one (1) additional one-year period based on satisfactory performance. 2.Authorize the City Manager or designee to review and approve written amendment requests in an amount not to exceed $49,646; and 3.Authorize the City Manager or designee to execute and renew the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: On July 13, 2022, the Riverside County Transportation Commission (“RCTC”) adopted a Tier 1 Environmental Impact Statement (Federal) and Environmental Impact Report (“EIS/EIR”) (State) for the “Coachella Valley – San Gorgonio Pass Rail Corridor Service” plan to extend the daily passenger rail service to the Coachella Valley. The new rail service would provide a 144-mile connection to Los Angeles’ Downtown Union Station, as well as a connection to the Metro and Metrolink system. These plans are a coordinated effort between RCTC, the California Department of Transportation (Caltrans), and the Federal Rail Administration (FRA). The adopted Tier 1 plan explored potential rail stations for the Coachella Valley including: -Palm Springs (existing) -“Mid-Valley” (new) -Indio / Coachella (new) With the adoption of the Tier 1 plan, RCTC, Caltrans, and the FRA, will be conducting a Tier 2 study to identify specific rail station locations within the Coachella Valley and provide environmental clearance for those identified locations. With approximately 6.5-miles of rail line along Palm Desert’s northern boundary and unique amenities, including the anticipated addition of the California State University’s Campus and new event arena, the City of Palm Desert (“City”) is ideally suited for a potential rail station. To enable the City to participate in the Tier 2 planning process and advocate for a future mid-valley station, the City will supplement RCTC’s Tier 2 study by providing a city funded rail station feasibility study. On September 15, 2022, the City Council approved the release of a Request for Proposal (RFP) for a feasibility study to identify potential rail station locations within the City of Palm Desert. Item 2F-1 City of Palm Desert Award Agreement for Rail Station Feasibility Study Page 2 of 3 An RFP was posted for a period of 26 days and a pre-proposal meeting was held on October 19, 2022, with five (5) firms in attendance. At the conclusion of the proposal term, only two (2) firms submitted proposals. The review panel consisting of staff from the City’s Finance, Economic Development, and Public Works Department was brought together to review the responses. The panel determined that Kimley-Horn and Associates was the best suited firm for this project, with numerous similar projects in California, Riverside County and the Coachella Valley. Staff recommends the City Council award a professional services contract to Kimley-Horn and Associates for a rail station feasibility study for a one-year term beginning March 1, 2023, through February 29, 2024, with the option of one (1) additional one-year extension. Strategic Plan: • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” • Transportation – Priority 3: “De-emphasize single/low-occupancy vehicles and optimize multiple modes of travel (bus, carpool, bicycle, and pedestrian).” Project Description: Kimley-Horn and Associates will prepare a city-wide assessment of potential locations for a rail station in Palm Desert with the Cook Street corridor being the focal area. The first part of the study will assess the existing land uses, transportation network, demographics, topography, and economic conditions in Palm Desert. The second part of the Study will identify and evaluate strategic alternatives to enhance multi- modal traffic and circulation in and around the preferred site. This includes: • The viability of Palm Desert as a passenger rail station stop for Amtrak along its existing Sunset Limited train service and/or as part of the Coachella Valley–San Gorgonio Pass. • Analyze a design for a suitable platform for intercity passenger rail service. • Evaluate current public transit services provided by Sunline Transit Agency, which provides daily bus services. • An analysis on Sunline’s current bus routes and ridership to establish the best permanent transportation hub that will serve all residents and accommodate other transportation modes to reduce single-occupancy vehicle use. The third and final part of the analysis will be the selection of the most appropriate site for a rail station facility and development of a conceptual design that demonstrates how an accessible station would function. Staff anticipates the feasibility study process to take approximately 9 to 12 months, inclusive of public meetings and presentations to various City boards and commissions. Once finished, staff will prepare a report identifying the preferred location, as recommended by the CV Rail subcommittee, to the City Council for consideration. It is projected this will be brought before the Item 2F-2 City of Palm Desert Award Agreement for Rail Station Feasibility Study Page 3 of 3 City Council for adoption in Fall 2023. Once adopted, the Study will be submitted to RCTC for consideration with its Tier 2 study. FINANCIAL IMPACT: Funds are available in the amount of $496,464 in account number 1104430-4309000. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft Agreement 2. Proposal dated November 11, 2022, submitted by Kimley-Horn & Associates Item 2F-3 PROFESSIONAL SERVICES AGREEMENT FOR RAIL STATION FEASIBILITY STUDY City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Item 2F-4 City of Palm Desert PROFESSIONAL SERVICES AGREEMENT Rail Station Feasibility Study I. PARTIES AND DATE. .............................................................................. II. RECITALS. .............................................................................................. III. TERMS................................................................................................... IV. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT ............... V. EXHIBIT "A" ........................................................................................... VI. EXHIBIT "B" ........................................................................................... VII. EXHIBIT "C" ........................................................................................... Item 2F-5 Title: Rail Station Feasibility Study 3 1. PARTIES AND DATE. This Agreement is made and entered into this day of ________________, 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 TBD, a North Carolina Corporation, with its principal place of business at 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." Item 2F-6 Title: Rail Station Feasibility Study 4 2. RECITALS. 2.1. Project. The City is a public agency of the State of California and is in need of professional services for the following project: Rail Station Feasibility Study (herein after referred to as “the Project”). 2.2. Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. Item 2F-7 Title: Rail Station Feasibility Study 5 3. TERMS. 3.1. Scope of Services A. General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2. Term A. Term. The term of this Agreement shall be from Wednesday, February 1, 2023 to Wednesday, January 31, 2024, 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 One (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.3. Responsibilities of Consultant. A. Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. B. Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Item 2F-8 Title: Rail Station Feasibility Study 6 C. Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. D. Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: P.E., Senior Vice President. E. City's Representative. The City hereby designates Eric Ceja, Deputy Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. F. Consultant's Representative. Consultant hereby designates Jean Fares, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. G. Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. H. Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the Item 2F-9 Title: Rail Station Feasibility Study 7 standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. I. Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 1. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. J. Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by Item 2F-10 Title: Rail Station Feasibility Study 8 law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. K. Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. L. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. M. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.4. Insurance. Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. A. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. B. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all Item 2F-11 Title: Rail Station Feasibility Study 9 activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. C. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. E. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 1. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2. Pay on behalf of wording as opposed to reimbursement; 3. Concurrency of effective dates with primary policies; and 4. Policies shall “follow form” to the underlying primary policies. 5. Insureds under primary policies shall also be insureds under the umbrella or excess policies. F. Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. G. Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: 1. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. Item 2F-12 Title: Rail Station Feasibility Study 10 2. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. 3. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. 4. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. 5. Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.5. Other Provisions or Requirements. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. C. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. D. City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. E. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating Item 2F-13 Title: Rail Station Feasibility Study 11 of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. F. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. G. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. H. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. I. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. J. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. K. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. L. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim Item 2F-14 Title: Rail Station Feasibility Study 12 is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. M. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. N. City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. O. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. P. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Q. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. Item 2F-15 Title: Rail Station Feasibility Study 13 3.6. Fees and Payments. Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred and Ninety-Six Thousand and Four Hundred and Sixty-For Dollars ($496,464.00) without written approval of the City Council or City Manager, as applicable. A. Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. B. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. C. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.7. Labor Code Requirements. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Item 2F-16 Title: Rail Station Feasibility Study 14 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.8. Accounting Records. Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.9. General Provisions. A. Termination of Agreement. 1. Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. Item 2F-17 Title: Rail Station Feasibility Study 15 2. Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3. Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 4. Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. B. 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: o Consultant: TBD o Address: 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210 o ATTN: Jean Fares, P.E., Senior Vice President C. Ownership of Materials and Confidentiality. 1. Documents & Data; Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Item 2F-18 Title: Rail Station Feasibility Study 16 Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 2. Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3. Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 4. Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 5. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Item 2F-19 Title: Rail Station Feasibility Study 17 Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 6. Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. D. 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. E. [Reserved] F. Indemnification. 1. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the Item 2F-20 Title: Rail Station Feasibility Study 18 payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 2. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. G. 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. H. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. I. Time of Essence. Time is of the essence for each and every provision of this Agreement. J. City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. K. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. L. Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. M. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as Item 2F-21 Title: Rail Station Feasibility Study 19 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. N. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. O. 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. P. No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Q. 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. R. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. S. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. T. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. U. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2F-22 Title: Rail Station Feasibility Study 20 4. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, 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 Kimley-Horn and Associates, Inc By:_______________________ Its:_______________________ Printed Name:_______________________ AND By:_______________________ Its:_______________________ Printed Name:_______________________ Item 2F-23 Title: Rail Station Feasibility Study 21 5. EXHIBIT "A" 5.1. SCOPE OF SERVICES TASK 1. PROJECT INITIATION TASK 1.1 STAFF COORDINATION AND PROJECT KICK-OFF MEETING Kimley-Horn will schedule a kick-off meeting with City staff to discuss a refined workplan and schedule. The discussion will focus on the development of an outreach plan, project communication protocols, establishment of a stakeholder group, and project schedule. The proposed project schedule will be aggressive with the goal of having project material available for upcoming funding opportunities and RCTC planning activities. To keep the project moving according to schedule, the Kimley-Horn team also proposes bi-weekly project check in meetings with key project leadership to update on progress and to get consensus on project decision points. Kimley-Horn will maintain a project contact list for project team members and stakeholders to facilitate communications as needed. Deliverables: • Meeting Agenda • Participant List • Contact Sheet • Meeting Notes • Ongoing Action Item Matrix TASK 1.2 REVIEW AND ANALYZE EXISTING DOCUMENTS AND DATA The Kimley-Horn team will review City planning documents for specifically relevant components that could impact transit service, potential station accessibility, potentially conflicting projects or goals, and components that can be refined or accelerated to support station location options and overall station viability. Additional regional and state plans and regulations will also be reviewed to identify elements that need to be included in a successful Rail Station Feasibility Assessment. Additional data will be reviewed to support a needs assessment, documenting potential passenger demand and the ability of the site to meet that demand relative to other potential locations in the corridor. Deliverables: • Technical Memorandum: Literature Review and Needs Assessment • Matrix of Planning Elements that Support TASK 2. COMMUNITY OUTREACH & ENGAGEMENT TASK 2.1 COMMUNITY OUTREACH ACTION PLAN Item 2F-24 Title: Rail Station Feasibility Study 22 The Kimley-Horn team will develop a Community Engagement Action Plan at the outset of the project that lays out the schedule, timeline, format, and content needs for the two community-based meetings, the stakeholder meeting, and the transit provider meeting outlined in the Request for Proposal. Our team anticipates that there will be additional components needed to truly draw out the required input including oneon-one meetings with individual key stakeholders that may be reluctant to share their thoughts in a group setting. Our approach also includes a parallel virtual engagement effort. Since the beginning of the COVID-19 pandemic, attendance at physical workshops has been limited, while interest and participation in online forums has increased. All materials that are shared in person will be made available via a project website. Deliverables: • Community Engagement Action Plan » Two (2) Community Meetings » One (1) Stakeholder Meeting » One (1) Transit Provider Meeting • Project Website Template TASK 2.2 MEDIA OUTREACH: ANNOUNCEMENTS/FLYERS, DIRECT MAIL, PUBLIC SERVICE ANNOUNCEMENTS The Kimley-Horn team will provide the needed collateral and content to advertise and announce the project and public engagement activities. The team will work with City staff to assist in meeting information deadlines and that material is provided in a ready-to-use format. Deliverables: • Flyers and Webposts for: » Two (2) Community Meetings » Up to Two (2) Additional Project Announcements TASK 3. COMMUNITY-BASED, STAKEHOLDER, AND TRANSIT MEETINGS TASK 3.1 COMMUNITY-BASED MEETING #1 The Kimley-Horn team will work with City staff to host a public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on their preferences for station amenities, location, and access modes. The team will prepare a presentation outlining the project goals and existing conditions findings. The same material will be made available on the project website. Deliverables: • Meeting Agenda • Presentation Item 2F-25 Title: Rail Station Feasibility Study 23 • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments TASK 3.2 COMMUNITY-BASED MEETING #2 FOR GENERAL PUBLIC The Kimley-Horn team will work with City staff to host a second public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on the proposed station site, preliminary station concepts, and proposed off-site elements that have been identified. The feedback received in this phase will be used to refine the station concept that will be used in the final study report. Deliverables: • Meeting Agenda • Presentation • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments TASK 3.3 MEETING #3 WITH STAKEHOLDERS AND TRANSIT PROVIDERS (CITY & CONSULTANT) The Kimley-Horn team will schedule two stakeholder meetings, one that is focused on transit providers, to establish station area needs and challenges that this study can help overcome. The team anticipates that this process will also include one-on-one pre-meetings with some larger stakeholders such as Kaiser Permanente and California State University, San Bernardino to get their input in a more private setting before engaging as a group as well as potential follow-up meetings with key stakeholders as the project progresses to obtain their continued support. We will meet with transit providers—particularly Metrolink, Sunline, and Amtrak—to understand their perspectives on how a rail station in Palm Desert could both impact and support their operations. Depending on responsiveness, it may also be beneficial to provide alternative forums for input from the stakeholders such as a survey or focused discussions. Deliverables: • Meeting Agenda Item 2F-26 Title: Rail Station Feasibility Study 24 • Participant List • Comments and Summary • Photographs • Optional: Survey and Result Summary • Optional: Additional Focus Discussions TASK 4. PROJECT ANALYSIS AND DEVELOPMENT OF FEASIBILITY STUDY TASK 4.1 REVIEW AND INTEGRATION OF MOBILITY TECHNICAL REPORTS As a follow up to Task 1.2, Kimley-Horn will document the components of the existing plans that need to be incorporated into the Rail Station Feasibility Study. These would include reports such as the General Plan, Local Road Safety Plan, PD Link, and others. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Mobility Technical Reports to be included in Rail Station Feasibility Study TASK 4.2 REVIEW AND INTEGRATION OF COMPLETE STREETS PLAN As a follow up to Task 1.2, Kimley-Horn will document the components of the Complete Streets Plan. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Complete Streets Plan to be included in Multimodal Feasibility Study TASK 4.3 REVIEW AND INTEGRATION OF RCTC’S RAIL STUDY As a follow up to Task 1.2, Kimley-Horn will document the components of RCTC’s Rail Study. Goals and objectives of this plan will be used to support the selection of Palm Desert as the site for the proposed mid-valley station stop. The plan will also be used to inform stakeholder discussions with RCTC to help the project team best align the Palm Desert Plan with the information and elements needed by RCTC to select the preferred station site. Deliverables: • Summary of RCTC’s Rail Study to be included in Multimodal Feasibility Study TASK 4.4 EXISTING CONDITIONS The Kimley-Horn team will document the existing land use, transportation infrastructure, travel demand, transit ridership, mode split, and economic trends in the potential station areas to help establish a baseline ridership market and likely infrastructure needs to support a new rail station. Land Use Item 2F-27 Title: Rail Station Feasibility Study 25 The Kimley-Horn team will map and assess the existing study area land uses to determine how compatible they are with rail station operations, how likely there are to be economic benefits, what level of demand they might generate, and how much available land is available to accommodate station facilities and related elements such as parking, transit docks, bike parking, and other necessary elements. Roadway Circulation & Traffic Volumes The Kimley-Horn team will work with the City to acquire reasonably available existing traffic volumes and studies in the study area and will construct traffic models to identify where current congestion levels may impede local mobility and potential station accessibility. This analysis will also explore traffic safety as analyzed in the Local Road Safety Plan as well as the incorporation of newer crash information to identify existing and latent safety challenges that should be addressed as part of station development. The plan will also consider level of fitness and other health indicators that could be impacted by shifting more people to active transportation. Level of Service and Ridership The project team will review existing transit operations in the station area along with the potential ridership based on land use, origin destination patterns acquired from the LEHD and Replica, along with the currently available amenities at bus stops. The analysis will consider the elasticities of transit ridership and the potential for ridership gains that could come from enhanced service frequency, directness, branding and prestige, ancillary amenities, and enhanced reliability. The report will also explore the current VMT production of the area and how a rail station might contribute to VMT and greenhouse gas reduction. Travel Mode Kimley-Horn will use a blend of US Census, big data, and observational data to determine the current mode split for travelers in Palm Desert and the station areas. The analysis will use factors from NCHRP 552, the Bus Rapid Transit Practitioners Guide, and other sources to evaluate the likelihood of more people converting to transit, active transportation, or other modes from single-occupancy vehicles because of the proposed station and supportive local network improvements. Economic Trends The Kimley-Horn team will evaluate land uses and commercial activity to determine which ones are likely to benefit from a new rail station. The team will evaluate walk scores, level of traffic stress, and transit-oriented development factors to estimate potential gains in property values, increases in median income, and other benefits to lower income members of the community through improved mobility and accessibility. The economic factors will be developed such that they are consistent with guidance from USDOT and Caltrans grant programs to facilitate future funding requests. The existing conditions report will also include a demand analysis that will be used to determine the necessary size and component list needed for the proposed station. Deliverables: • Technical Memorandum: Existing Conditions Report Item 2F-28 Title: Rail Station Feasibility Study 26 • Rail Station Sizing and Necessary Elements List TASK 4.5 RAIL STATION FEASIBILITY The Kimley-Horn team will identify up to four potential station sites. For each, the available land will be quantified and current ownership identified. The screening will include a search for already approved development that might reduce the overall available land at the site. Kimley-Horn will provide high-precision orthomosaic image (aerial photo) as base mapping for the project areas. The orthomosaic images will be supplemented by 1’ contour mapping as depicted on the Project Overview Exhibit. County of Riverside GIS information will be used to show right of way delineation in our base mapping. Kimley-Horn will prepare an initial request for utility information, such as atlas sheets, mapping, or as- built plans. The initial request will include mapping of the project area showing the proposed construction. It is assumed that the City will mail the utility letters on City letterhead for better response. Utility records will be scanned and catalogued as they are received, and the information will be incorporated into the project base map. For each site, the team will prepare a conceptual layout that includes the required station elements. The concepts will be developed to a sufficient level to determine whether the site can accommodate a viable station. The team will develop a planning level cost estimate for each station site and be scored against a set of criteria that include: • Available Land • Existing Ownership, Zoning, and Land Use • Environmental Challenges • Potential Circulation Patterns • Multimodal Accessibility • Development Impacts • Community Support • Economic Viability • Site Visibility and Safety • Utility impacts The team will work with the City to develop a scoring matrix and then present the sites in ranked order based on their overall scores. The City will then select a preferred site for the final report. Deliverables: • Conceptual Design for Top Four Proposed Sites • Preliminary Cost Estimates Item 2F-29 Title: Rail Station Feasibility Study 27 • CEQA Fatal Flaw Review • Scoring Criteria • Score Card for Sites • Final Proposed Selected Site TASK 4.6 PRIORITIZATION OF PROJECT IMPLEMENTATION The Kimley-Horn team will itemize the off-site component projects needed for successful station development and operations. The team will identify the most effective order to develop those items to provide the most near-term benefit relative to the cost of implementation leading to full station development and operation. The result will be an itemized list of improvements ranked in order of need relative to cost. The actual implementation order may be impacted by available funding sources and grants. Deliverables: • Approved Prioritization Procedure • Ranked List of Projects TASK 4.7 DRAFT RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will use the findings of the prior tasks to develop a report that the City can use to advocate for a local train station, both by continuing to gather public support and by sharing the benefits with elected officials and partner agencies. The technical documents will be included as appendices to provide the supporting evidence for the findings presented in the main body of the report. The report will rely on infographics to portray the station benefits including mobility, equity, health, and environmental considerations. The report will include a next steps discussion outlining where the City needs to focus its efforts to continue moving the station concept forward. Deliverables: • Draft Rail Station Feasibility Study • Technical Appendices TASK 4.8 PRESENTATION OF DRAFT RAIL STATION FEASIBILITY STUDY The team will develop a presentation representing the information shared in the draft report and will conduct up to ten presentations to the identified stakeholders: City staff, City Council, Riverside County Transportation Commission (RCTC), Coachella Valley Association of Governments (CVAG), Amtrak, SunLine Transit Agency, and Caltrans. The presentations will be open to the public. The team will work with City staff to make any necessary revisions to the plan based on feedback received. Deliverables: • Presentation Deck • Meeting Agendas • Participation Lists • Comments Item 2F-30 Title: Rail Station Feasibility Study 28 • List of Next Steps 5.2. SCOPE OF SERVICES - CONT'D TASK 4.9 FINAL RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will incorporate comments and City feedback into the draft report to finalize the document and prepare it for City approval. The project team will update the draft report presentation and present the final report to City Council with the invited attendance of RCTC and Caltrans. Deliverables: • Final Rail Station Feasibility Study • Updated Presentation Deck TASK 5. RAIL STATION FEASIBILITY FUNDING The Kimley-Horn team will identify a variety of upcoming grants and funding sources that can be paired with the list of project components identified in the project list. These will include programs that the City can pursue independently, and those that it might partner with RCTC or other partner agencies for enhanced probability of success. Kosmont will identify and evaluate several forms of value capture funding and financing mechanisms. Initial emphasis is anticipated to be placed on tax increment financing (TIF) districts such as enhanced infrastructure financing districts (EIFD), Mello-Roos Community Facilities District (CFD) financing, and related complementary sources. Based on initial research and discussion with City staff regarding the preferred mechanisms, Kosmont will evaluate key strategic and implementation considerations, including: • Property/land ownership and planned/proposed/potential future development (based on information to be provided by the City) • Infrastructure needs and estimated costs (to be provided by the City/Consultant Team) • Potential public and private sector partners (e.g., City, County of Riverside, other affected taxing entities, developers/property owners) • Disadvantaged Community (DAC) census tract designation • Overlap with former Redevelopment Agency Project Area boundaries and status of redevelopment dissolution (e.g., Finding of Completion from Department of Finance) Kosmont will prepare a preliminary funding and financing analysis, including preliminary tax increment and/or special tax analysis, as appropriate, reflecting potential future development and potential public and private sector partners. The analysis will identify: • Potential assessed value generation from future development in the district • Property tax increment and special tax funding capacity at select annual benchmarks and cumulatively over the estimated district lifetime(s) Item 2F-31 Title: Rail Station Feasibility Study 29 • Initial estimates of potential bonding capacity (to be prepared by Kosmont Financial Services, registered Municipal Advisor) • Complementary economic development tools and funding resources (e.g., grants, Development Opportunity Reserve (D.O.R.)® zoning incentives) • Comparison of potential revenue generation to types and cost of infrastructure needed to serve the development • As related to potential overlap of proposed district boundaries with former redevelopment agency project areas, analysis of corresponding relevant outstanding enforceable obligations and implications on available revenues Based on the preferred tool(s) identified by the City based on previous task findings, Kosmont will evaluate and summarize feasible governance and implementation alternatives, including district governing board composition, voting/approval procedures, district formation milestones, debt issuance procedures, and estimated timing, in order to provide potential public and private sector stakeholders with an illustrative “roadmap” for implementation. Kosmont will work with City staff and other members of the consultant team to coordinate a meeting/workshop with key community stakeholders, such as City Council, City staff, residents, property owners, and local developers. Kosmont will prepare and present an overview of relevant funding and financing tools. The workshop presentation will include a summary of preliminary feasibility analysis findings, as well as recent case studies of successful implementation of relevant tools in other communities. Kosmont will make itself available for additional meetings on an hourly, time-and-materials basis. Deliverables: • List of Funding and Grants Paired with Project Needs Item 2F-32 Title: Rail Station Feasibility Study 30 6. EXHIBIT "B" 6.1. SCHEDULE OF SERVICES Item 2F-33 Title: Rail Station Feasibility Study 31 7. EXHIBIT "C" 7.1. COMPENSATION • Task 1 - Project Initiation - $36,742.00 • Task 2 - Community Outreach & Engagement - $20,862.00 • Task 3 - Community-Based, Stakeholder, and Transit Meetings - $64,732.00 • Task 4 - Project Analysis and Development - $295,446.00 • Task 5 - Rail Station Feasibility Funding - $78,682.00 Total Lump Sum Fee, Not-to-Exceed - $496,464.00 Task O1 – Additional Renders for Preferred Site - $36,390.00 • Task O2 – Additional Off-Site Transportation Improvements Planning - $38,260.00 • Task O3 – Fly Over Video of Final Site Concept - $49,653.00 • Task O4 – Additional Presentations and Outreach - Time and Materials Hourly Labor Rate Schedule Classification Rate Analyst I $120 - $170 Analyst II $160 - $220 Professional $190 - $250 Senior Professional I $240 - $330 Senior Professional II $320 - $400 Senior Technical Support $110 - $290 Technical Support $95 - $160 Support Staff $80 - $150 Effective Contract Start Date through June 30th 2024 Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract. Perkins-Eastman SCHEDULE OF STANDARD CHARGES (As of October 1, 2022) Item 2F-34 Title: Rail Station Feasibility Study 32 1.0 Perkins Eastman Architects, DPC, as agreed, will provide its services on an hourly basis for all hours worked by its personnel and will invoice at a fixed rate for the category to which an individual is assigned to the project. 2.0 The current hourly rates for the categories of personnel are listed below. Rates are adjusted annually to reflect increases to employees’ salaries. Title Hourly Rate Principal $213.00 – $420.00 Project Manager $170.00 – $260.00 Senior Architect $183.00 – $260.00 Intermediate Architect $120.00 – $170.00 Junior Architect $73.00 – $120.00 Senior Designer $183.00 – $260.00 Intermediate Designer $120.00 – $170.00 Junior Designer $73.00 – $120.00 CADD/BIM $100.00 – $150.00 LEED AP $120.00 - $183.00 Administrative Support $73.00 – $120.00 3.0 Services of consultants, if required, will be billed at a multiple of 1.10 times the amount billed to the Architect for such services. Consultants will only be engaged when authorized by the Owner. 4.0 Reimbursable expenses, as described below, will be billed at a multiple of 1.10 times the expenses incurred by the Architect, the Architect’s employees, and consultants in the interest of the project. Reimbursable expenses consist of all non-salary expenses directly related to the project, such as: 1. Expense of transportation in connection with the project. 2. Fees paid for securing approval of authorities having jurisdiction over the project. 3. Reproductions of all drawings, specifications, and other documents. 4. Long-distance communications. 5. Computer plotting (no charges for computer time or computer drafting). 6. Postage, delivery services, and electronic facsimile transmissions. 7. Professional and/or presentation quality models or renderings, if requested by the Owner. 8. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the owner in excess of that normally carried by the Architects. Item 2F-35 Title: Rail Station Feasibility Study 33 5.0 The Architect will generally submit invoices monthly for services performed and reimbursables incurred during the prior month. 6.0 Please make checks payable to Perkins Eastman Architects, DPC and forward them to 115 Fifth Avenue, New York, NY 10003. Payments will be due the Architect upon presentation of the invoice, and if unpaid after 30 days from the date of the invoice, the outstanding amount shall bear interest at the rate of 1.5% per month from the due date. 7.0 Should the Owner’s failure to make payments in accordance with this agreement cause the Architect to pursue collection means, the Architect shall be entitled to reimbursement of all Kosmont Companies Hourly Rates Professional Services Chairman & CEO $395.00 / hour President $365.00 / hour Senior Vice President/Senior Advisor $325.00 / hour Vice President $225.00 / hour Senior Project Analyst $195.00 / hour Project Analyst/Project Research $165.00 / hour Assistant Project Analyst/Assistant Project Manager $125.00 / hour Project Promotion/Graphics/GIS Mapping Services $ 95.00 / hour Clerical Support $ 70.00 / hour Additional Expenses In addition to professional services (labor fees): 1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, Item 2F-36 Title: Rail Station Feasibility Study 34 other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this on this rate sheet. Charges for Court/Deposition/ExpertWitness-RelatedAppearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum. Rates shall remain in effect until December 31, 2022. 7.2. RENEWAL In the event that this Agreement is renewed pursuant to the Section titled "Term," 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. Item 2F-37 PROFESSIONAL SERVICES AGREEMENT FOR RAIL STATION FEASIBILITY STUDY City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Item 2F-38 City of Palm Desert PROFESSIONAL SERVICES AGREEMENT Rail Station Feasibility Study I. PARTIES AND DATE. .............................................................................. II. RECITALS. .............................................................................................. III. TERMS................................................................................................... IV. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT ............... V. EXHIBIT "A" ........................................................................................... VI. EXHIBIT "B" ........................................................................................... VII. EXHIBIT "C" ........................................................................................... Item 2F-39 Title: Rail Station Feasibility Study 3 1. PARTIES AND DATE. This Agreement is made and entered into this day of February 16, 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”) and Kimley-Horn and Associates, INC, a North Carolina Corporation, with its principal place of business at 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." Item 2F-40 Title: Rail Station Feasibility Study 4 2. RECITALS. 2.1. Project. The City is a public agency of the State of California and is in need of professional services for the following project: Rail Station Feasibility Study (herein after referred to as “the Project”). 2.2. Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. Item 2F-41 Title: Rail Station Feasibility Study 5 3. TERMS. 3.1. Scope of Services A. General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.2. Term Term. The term of this Agreement shall be from February 16, 2023 to February 15, 2024, 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 One (1) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.3. Responsibilities of Consultant. A. Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. B. Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Item 2F-42 Title: Rail Station Feasibility Study 6 C. Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. D. Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: P.E., Senior Vice President. E. City's Representative. The City hereby designates Eric Ceja, Deputy Director of Development Services, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. F. Consultant's Representative. Consultant hereby designates Jean Fares, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. G. Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. H. Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the Item 2F-43 Title: Rail Station Feasibility Study 7 standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. I. Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 1. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. J. Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by Item 2F-44 Title: Rail Station Feasibility Study 8 law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. K. Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub- subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. L. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. M. Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.4. Insurance. Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. A. General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. B. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all Item 2F-45 Title: Rail Station Feasibility Study 9 activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. C. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. E. Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 1. A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2. Pay on behalf of wording as opposed to reimbursement; 3. Concurrency of effective dates with primary policies; and 4. Policies shall “follow form” to the underlying primary policies. 5. Insureds under primary policies shall also be insureds under the umbrella or excess policies. F. Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. G. Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: 1. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. Item 2F-46 Title: Rail Station Feasibility Study 10 2. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. 3. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. 4. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. 5. Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.5. Other Provisions or Requirements. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. C. Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. D. City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. E. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating Item 2F-47 Title: Rail Station Feasibility Study 11 of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. F. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. G. Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. H. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. I. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. J. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. K. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. L. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim Item 2F-48 Title: Rail Station Feasibility Study 12 is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. M. Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. N. City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. O. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. P. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Q. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. Item 2F-49 Title: Rail Station Feasibility Study 13 3.6. Fees and Payments. Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred and Ninety-Six Thousand and Four Hundred and Sixty-For Dollars ($496,464.00) without written approval of the City Council or City Manager, as applicable. A. Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. B. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. C. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.7. Labor Code Requirements. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Item 2F-50 Title: Rail Station Feasibility Study 14 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.8. Accounting Records. Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.9. General Provisions. A. Termination of Agreement. 1. Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. Item 2F-51 Title: Rail Station Feasibility Study 15 2. Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3. Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 4. Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. B. 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: o Consultant: Kimley-Horn and Associates, INC o Address: 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210 o ATTN: Jean Fares, P.E., Senior Vice President C. Ownership of Materials and Confidentiality. 1. Documents & Data; Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Item 2F-52 Title: Rail Station Feasibility Study 16 Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 2. Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3. Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 4. Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 5. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Item 2F-53 Title: Rail Station Feasibility Study 17 Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 6. Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. D. 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. E. [Reserved] F. Indemnification. 1. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the Item 2F-54 Title: Rail Station Feasibility Study 18 payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 2. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. G. 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. H. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. I. Time of Essence. Time is of the essence for each and every provision of this Agreement. J. City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. K. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. L. Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. M. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as Item 2F-55 Title: Rail Station Feasibility Study 19 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. N. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. O. 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. P. No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Q. 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. R. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. S. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. T. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. U. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 2F-56 Title: Rail Station Feasibility Study 20 4. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, 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 Kimley-Horn and Associates, Inc By:_______________________ Its:_______________________ Printed Name:_______________________ AND By:_______________________ Its:_______________________ Printed Name:_______________________ Item 2F-57 Title: Rail Station Feasibility Study 21 5. EXHIBIT "A" 5.1. SCOPE OF SERVICES TASK 1. PROJECT INITIATION TASK 1.1 STAFF COORDINATION AND PROJECT KICK-OFF MEETING Kimley-Horn will schedule a kick-off meeting with City staff to discuss a refined workplan and schedule. The discussion will focus on the development of an outreach plan, project communication protocols, establishment of a stakeholder group, and project schedule. The proposed project schedule will be aggressive with the goal of having project material available for upcoming funding opportunities and RCTC planning activities. To keep the project moving according to schedule, the Kimley-Horn team also proposes bi-weekly project check in meetings with key project leadership to update on progress and to get consensus on project decision points. Kimley-Horn will maintain a project contact list for project team members and stakeholders to facilitate communications as needed. Deliverables: • Meeting Agenda • Participant List • Contact Sheet • Meeting Notes • Ongoing Action Item Matrix TASK 1.2 REVIEW AND ANALYZE EXISTING DOCUMENTS AND DATA The Kimley-Horn team will review City planning documents for specifically relevant components that could impact transit service, potential station accessibility, potentially conflicting projects or goals, and components that can be refined or accelerated to support station location options and overall station viability. Additional regional and state plans and regulations will also be reviewed to identify elements that need to be included in a successful Rail Station Feasibility Assessment. Additional data will be reviewed to support a needs assessment, documenting potential passenger demand and the ability of the site to meet that demand relative to other potential locations in the corridor. Deliverables: • Technical Memorandum: Literature Review and Needs Assessment • Matrix of Planning Elements that Support TASK 2. COMMUNITY OUTREACH & ENGAGEMENT TASK 2.1 COMMUNITY OUTREACH ACTION PLAN Item 2F-58 Title: Rail Station Feasibility Study 22 The Kimley-Horn team will develop a Community Engagement Action Plan at the outset of the project that lays out the schedule, timeline, format, and content needs for the two community-based meetings, the stakeholder meeting, and the transit provider meeting outlined in the Request for Proposal. Our team anticipates that there will be additional components needed to truly draw out the required input including oneon-one meetings with individual key stakeholders that may be reluctant to share their thoughts in a group setting. Our approach also includes a parallel virtual engagement effort. Since the beginning of the COVID-19 pandemic, attendance at physical workshops has been limited, while interest and participation in online forums has increased. All materials that are shared in person will be made available via a project website. Deliverables: • Community Engagement Action Plan » Two (2) Community Meetings » One (1) Stakeholder Meeting » One (1) Transit Provider Meeting • Project Website Template TASK 2.2 MEDIA OUTREACH: ANNOUNCEMENTS/FLYERS, DIRECT MAIL, PUBLIC SERVICE ANNOUNCEMENTS The Kimley-Horn team will provide the needed collateral and content to advertise and announce the project and public engagement activities. The team will work with City staff to assist in meeting information deadlines and that material is provided in a ready-to-use format. Deliverables: • Flyers and Webposts for: » Two (2) Community Meetings » Up to Two (2) Additional Project Announcements TASK 3. COMMUNITY-BASED, STAKEHOLDER, AND TRANSIT MEETINGS TASK 3.1 COMMUNITY-BASED MEETING #1 The Kimley-Horn team will work with City staff to host a public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on their preferences for station amenities, location, and access modes. The team will prepare a presentation outlining the project goals and existing conditions findings. The same material will be made available on the project website. Deliverables: • Meeting Agenda • Presentation Item 2F-59 Title: Rail Station Feasibility Study 23 • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments TASK 3.2 COMMUNITY-BASED MEETING #2 FOR GENERAL PUBLIC The Kimley-Horn team will work with City staff to host a second public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on the proposed station site, preliminary station concepts, and proposed off-site elements that have been identified. The feedback received in this phase will be used to refine the station concept that will be used in the final study report. Deliverables: • Meeting Agenda • Presentation • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments TASK 3.3 MEETING #3 WITH STAKEHOLDERS AND TRANSIT PROVIDERS (CITY & CONSULTANT) The Kimley-Horn team will schedule two stakeholder meetings, one that is focused on transit providers, to establish station area needs and challenges that this study can help overcome. The team anticipates that this process will also include one-on-one pre-meetings with some larger stakeholders such as Kaiser Permanente and California State University, San Bernardino to get their input in a more private setting before engaging as a group as well as potential follow-up meetings with key stakeholders as the project progresses to obtain their continued support. We will meet with transit providers—particularly Metrolink, Sunline, and Amtrak—to understand their perspectives on how a rail station in Palm Desert could both impact and support their operations. Depending on responsiveness, it may also be beneficial to provide alternative forums for input from the stakeholders such as a survey or focused discussions. Deliverables: • Meeting Agenda Item 2F-60 Title: Rail Station Feasibility Study 24 • Participant List • Comments and Summary • Photographs • Optional: Survey and Result Summary • Optional: Additional Focus Discussions TASK 4. PROJECT ANALYSIS AND DEVELOPMENT OF FEASIBILITY STUDY TASK 4.1 REVIEW AND INTEGRATION OF MOBILITY TECHNICAL REPORTS As a follow up to Task 1.2, Kimley-Horn will document the components of the existing plans that need to be incorporated into the Rail Station Feasibility Study. These would include reports such as the General Plan, Local Road Safety Plan, PD Link, and others. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Mobility Technical Reports to be included in Rail Station Feasibility Study TASK 4.2 REVIEW AND INTEGRATION OF COMPLETE STREETS PLAN As a follow up to Task 1.2, Kimley-Horn will document the components of the Complete Streets Plan. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Complete Streets Plan to be included in Multimodal Feasibility Study TASK 4.3 REVIEW AND INTEGRATION OF RCTC’S RAIL STUDY As a follow up to Task 1.2, Kimley-Horn will document the components of RCTC’s Rail Study. Goals and objectives of this plan will be used to support the selection of Palm Desert as the site for the proposed mid-valley station stop. The plan will also be used to inform stakeholder discussions with RCTC to help the project team best align the Palm Desert Plan with the information and elements needed by RCTC to select the preferred station site. Deliverables: • Summary of RCTC’s Rail Study to be included in Multimodal Feasibility Study TASK 4.4 EXISTING CONDITIONS The Kimley-Horn team will document the existing land use, transportation infrastructure, travel demand, transit ridership, mode split, and economic trends in the potential station areas to help establish a baseline ridership market and likely infrastructure needs to support a new rail station. Land Use Item 2F-61 Title: Rail Station Feasibility Study 25 The Kimley-Horn team will map and assess the existing study area land uses to determine how compatible they are with rail station operations, how likely there are to be economic benefits, what level of demand they might generate, and how much available land is available to accommodate station facilities and related elements such as parking, transit docks, bike parking, and other necessary elements. Roadway Circulation & Traffic Volumes The Kimley-Horn team will work with the City to acquire reasonably available existing traffic volumes and studies in the study area and will construct traffic models to identify where current congestion levels may impede local mobility and potential station accessibility. This analysis will also explore traffic safety as analyzed in the Local Road Safety Plan as well as the incorporation of newer crash information to identify existing and latent safety challenges that should be addressed as part of station development. The plan will also consider level of fitness and other health indicators that could be impacted by shifting more people to active transportation. Level of Service and Ridership The project team will review existing transit operations in the station area along with the potential ridership based on land use, origin destination patterns acquired from the LEHD and Replica, along with the currently available amenities at bus stops. The analysis will consider the elasticities of transit ridership and the potential for ridership gains that could come from enhanced service frequency, directness, branding and prestige, ancillary amenities, and enhanced reliability. The report will also explore the current VMT production of the area and how a rail station might contribute to VMT and greenhouse gas reduction. Travel Mode Kimley-Horn will use a blend of US Census, big data, and observational data to determine the current mode split for travelers in Palm Desert and the station areas. The analysis will use factors from NCHRP 552, the Bus Rapid Transit Practitioners Guide, and other sources to evaluate the likelihood of more people converting to transit, active transportation, or other modes from single-occupancy vehicles because of the proposed station and supportive local network improvements. Economic Trends The Kimley-Horn team will evaluate land uses and commercial activity to determine which ones are likely to benefit from a new rail station. The team will evaluate walk scores, level of traffic stress, and transit-oriented development factors to estimate potential gains in property values, increases in median income, and other benefits to lower income members of the community through improved mobility and accessibility. The economic factors will be developed such that they are consistent with guidance from USDOT and Caltrans grant programs to facilitate future funding requests. The existing conditions report will also include a demand analysis that will be used to determine the necessary size and component list needed for the proposed station. Deliverables: • Technical Memorandum: Existing Conditions Report Item 2F-62 Title: Rail Station Feasibility Study 26 • Rail Station Sizing and Necessary Elements List TASK 4.5 RAIL STATION FEASIBILITY The Kimley-Horn team will identify up to four potential station sites. For each, the available land will be quantified and current ownership identified. The screening will include a search for already approved development that might reduce the overall available land at the site. Kimley-Horn will provide high-precision orthomosaic image (aerial photo) as base mapping for the project areas. The orthomosaic images will be supplemented by 1’ contour mapping as depicted on the Project Overview Exhibit. County of Riverside GIS information will be used to show right of way delineation in our base mapping. Kimley-Horn will prepare an initial request for utility information, such as atlas sheets, mapping, or as- built plans. The initial request will include mapping of the project area showing the proposed construction. It is assumed that the City will mail the utility letters on City letterhead for better response. Utility records will be scanned and catalogued as they are received, and the information will be incorporated into the project base map. For each site, the team will prepare a conceptual layout that includes the required station elements. The concepts will be developed to a sufficient level to determine whether the site can accommodate a viable station. The team will develop a planning level cost estimate for each station site and be scored against a set of criteria that include: • Available Land • Existing Ownership, Zoning, and Land Use • Environmental Challenges • Potential Circulation Patterns • Multimodal Accessibility • Development Impacts • Community Support • Economic Viability • Site Visibility and Safety • Utility impacts The team will work with the City to develop a scoring matrix and then present the sites in ranked order based on their overall scores. The City will then select a preferred site for the final report. Deliverables: • Conceptual Design for Top Four Proposed Sites • Preliminary Cost Estimates Item 2F-63 Title: Rail Station Feasibility Study 27 • CEQA Fatal Flaw Review • Scoring Criteria • Score Card for Sites • Final Proposed Selected Site TASK 4.6 PRIORITIZATION OF PROJECT IMPLEMENTATION The Kimley-Horn team will itemize the off-site component projects needed for successful station development and operations. The team will identify the most effective order to develop those items to provide the most near-term benefit relative to the cost of implementation leading to full station development and operation. The result will be an itemized list of improvements ranked in order of need relative to cost. The actual implementation order may be impacted by available funding sources and grants. Deliverables: • Approved Prioritization Procedure • Ranked List of Projects TASK 4.7 DRAFT RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will use the findings of the prior tasks to develop a report that the City can use to advocate for a local train station, both by continuing to gather public support and by sharing the benefits with elected officials and partner agencies. The technical documents will be included as appendices to provide the supporting evidence for the findings presented in the main body of the report. The report will rely on infographics to portray the station benefits including mobility, equity, health, and environmental considerations. The report will include a next steps discussion outlining where the City needs to focus its efforts to continue moving the station concept forward. Deliverables: • Draft Rail Station Feasibility Study • Technical Appendices TASK 4.8 PRESENTATION OF DRAFT RAIL STATION FEASIBILITY STUDY The team will develop a presentation representing the information shared in the draft report and will conduct up to ten presentations to the identified stakeholders: City staff, City Council, Riverside County Transportation Commission (RCTC), Coachella Valley Association of Governments (CVAG), Amtrak, SunLine Transit Agency, and Caltrans. The presentations will be open to the public. The team will work with City staff to make any necessary revisions to the plan based on feedback received. Deliverables: • Presentation Deck • Meeting Agendas • Participation Lists • Comments Item 2F-64 Title: Rail Station Feasibility Study 28 • List of Next Steps 5.2. SCOPE OF SERVICES - CONT'D TASK 4.9 FINAL RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will incorporate comments and City feedback into the draft report to finalize the document and prepare it for City approval. The project team will update the draft report presentation and present the final report to City Council with the invited attendance of RCTC and Caltrans. Deliverables: • Final Rail Station Feasibility Study • Updated Presentation Deck TASK 5. RAIL STATION FEASIBILITY FUNDING The Kimley-Horn team will identify a variety of upcoming grants and funding sources that can be paired with the list of project components identified in the project list. These will include programs that the City can pursue independently, and those that it might partner with RCTC or other partner agencies for enhanced probability of success. Kosmont will identify and evaluate several forms of value capture funding and financing mechanisms. Initial emphasis is anticipated to be placed on tax increment financing (TIF) districts such as enhanced infrastructure financing districts (EIFD), Mello-Roos Community Facilities District (CFD) financing, and related complementary sources. Based on initial research and discussion with City staff regarding the preferred mechanisms, Kosmont will evaluate key strategic and implementation considerations, including: • Property/land ownership and planned/proposed/potential future development (based on information to be provided by the City) • Infrastructure needs and estimated costs (to be provided by the City/Consultant Team) • Potential public and private sector partners (e.g., City, County of Riverside, other affected taxing entities, developers/property owners) • Disadvantaged Community (DAC) census tract designation • Overlap with former Redevelopment Agency Project Area boundaries and status of redevelopment dissolution (e.g., Finding of Completion from Department of Finance) Kosmont will prepare a preliminary funding and financing analysis, including preliminary tax increment and/or special tax analysis, as appropriate, reflecting potential future development and potential public and private sector partners. The analysis will identify: • Potential assessed value generation from future development in the district • Property tax increment and special tax funding capacity at select annual benchmarks and cumulatively over the estimated district lifetime(s) Item 2F-65 Title: Rail Station Feasibility Study 29 • Initial estimates of potential bonding capacity (to be prepared by Kosmont Financial Services, registered Municipal Advisor) • Complementary economic development tools and funding resources (e.g., grants, Development Opportunity Reserve (D.O.R.)® zoning incentives) • Comparison of potential revenue generation to types and cost of infrastructure needed to serve the development • As related to potential overlap of proposed district boundaries with former redevelopment agency project areas, analysis of corresponding relevant outstanding enforceable obligations and implications on available revenues Based on the preferred tool(s) identified by the City based on previous task findings, Kosmont will evaluate and summarize feasible governance and implementation alternatives, including district governing board composition, voting/approval procedures, district formation milestones, debt issuance procedures, and estimated timing, in order to provide potential public and private sector stakeholders with an illustrative “roadmap” for implementation. Kosmont will work with City staff and other members of the consultant team to coordinate a meeting/workshop with key community stakeholders, such as City Council, City staff, residents, property owners, and local developers. Kosmont will prepare and present an overview of relevant funding and financing tools. The workshop presentation will include a summary of preliminary feasibility analysis findings, as well as recent case studies of successful implementation of relevant tools in other communities. Kosmont will make itself available for additional meetings on an hourly, time-and-materials basis. Deliverables: • List of Funding and Grants Paired with Project Needs Item 2F-66 Title: Rail Station Feasibility Study 30 6. EXHIBIT "B" 6.1. SCHEDULE OF SERVICES Item 2F-67 Title: Rail Station Feasibility Study 31 7. EXHIBIT "C" 7.1. COMPENSATION • Task 1 - Project Initiation - $36,742.00 • Task 2 - Community Outreach & Engagement - $20,862.00 • Task 3 - Community-Based, Stakeholder, and Transit Meetings - $64,732.00 • Task 4 - Project Analysis and Development - $295,446.00 • Task 5 - Rail Station Feasibility Funding - $78,682.00 Total Lump Sum Fee, Not-to-Exceed - $496,464.00 Task O1 – Additional Renders for Preferred Site - $36,390.00 • Task O2 – Additional Off-Site Transportation Improvements Planning - $38,260.00 • Task O3 – Fly Over Video of Final Site Concept - $49,653.00 • Task O4 – Additional Presentations and Outreach - Time and Materials Hourly Labor Rate Schedule Classification Rate Analyst I $120 - $170 Analyst II $160 - $220 Professional $190 - $250 Senior Professional I $240 - $330 Senior Professional II $320 - $400 Senior Technical Support $110 - $290 Technical Support $95 - $160 Support Staff $80 - $150 Effective Contract Start Date through June 30th 2024 Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract. Perkins-Eastman SCHEDULE OF STANDARD CHARGES (As of October 1, 2022) Item 2F-68 Title: Rail Station Feasibility Study 32 1.0 Perkins Eastman Architects, DPC, as agreed, will provide its services on an hourly basis for all hours worked by its personnel and will invoice at a fixed rate for the category to which an individual is assigned to the project. 2.0 The current hourly rates for the categories of personnel are listed below. Rates are adjusted annually to reflect increases to employees’ salaries. Title Hourly Rate Principal $213.00 – $420.00 Project Manager $170.00 – $260.00 Senior Architect $183.00 – $260.00 Intermediate Architect $120.00 – $170.00 Junior Architect $73.00 – $120.00 Senior Designer $183.00 – $260.00 Intermediate Designer $120.00 – $170.00 Junior Designer $73.00 – $120.00 CADD/BIM $100.00 – $150.00 LEED AP $120.00 - $183.00 Administrative Support $73.00 – $120.00 3.0 Services of consultants, if required, will be billed at a multiple of 1.10 times the amount billed to the Architect for such services. Consultants will only be engaged when authorized by the Owner. 4.0 Reimbursable expenses, as described below, will be billed at a multiple of 1.10 times the expenses incurred by the Architect, the Architect’s employees, and consultants in the interest of the project. Reimbursable expenses consist of all non-salary expenses directly related to the project, such as: 1. Expense of transportation in connection with the project. 2. Fees paid for securing approval of authorities having jurisdiction over the project. 3. Reproductions of all drawings, specifications, and other documents. 4. Long-distance communications. 5. Computer plotting (no charges for computer time or computer drafting). 6. Postage, delivery services, and electronic facsimile transmissions. 7. Professional and/or presentation quality models or renderings, if requested by the Owner. 8. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the owner in excess of that normally carried by the Architects. Item 2F-69 Title: Rail Station Feasibility Study 33 5.0 The Architect will generally submit invoices monthly for services performed and reimbursables incurred during the prior month. 6.0 Please make checks payable to Perkins Eastman Architects, DPC and forward them to 115 Fifth Avenue, New York, NY 10003. Payments will be due the Architect upon presentation of the invoice, and if unpaid after 30 days from the date of the invoice, the outstanding amount shall bear interest at the rate of 1.5% per month from the due date. 7.0 Should the Owner’s failure to make payments in accordance with this agreement cause the Architect to pursue collection means, the Architect shall be entitled to reimbursement of all Kosmont Companies Hourly Rates Professional Services Chairman & CEO $395.00 / hour President $365.00 / hour Senior Vice President/Senior Advisor $325.00 / hour Vice President $225.00 / hour Senior Project Analyst $195.00 / hour Project Analyst/Project Research $165.00 / hour Assistant Project Analyst/Assistant Project Manager $125.00 / hour Project Promotion/Graphics/GIS Mapping Services $ 95.00 / hour Clerical Support $ 70.00 / hour Additional Expenses In addition to professional services (labor fees): 1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, Item 2F-70 Title: Rail Station Feasibility Study 34 other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this on this rate sheet. Charges for Court/Deposition/ExpertWitness-RelatedAppearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum. Rates shall remain in effect until December 31, 2022. 7.2. RENEWAL In the event that this Agreement is renewed pursuant to the Section titled "Term," 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 - Riverside Area. Item 2F-71 RFP #2022-REQ-149 Proposal for Rail Station Feasibility Study Item 2F-72 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  i Table of Contents A. Cover Letter ......................................................................................................................................................1 B. Experience and Technical Competence ..............................................................................................................3 C. Firm Staffing and Personnel .............................................................................................................................11 D. Proposed Method to Accomplish the Scope of Work .........................................................................................14 Item 2F-73 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study 45-025 Manitou Drive Suite 11 Indian Wells, CA 92210 TEL 760.565.5103 City of Palm Desert  TRTP96034.2022  1 A. COVER LETTER November 11, 2022 City of Palm Desert Eric Ceja, Director of Economic Development/Public Affairs Department of Economic Development 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Proposal for Rail Station Feasibility Study (RFP #2022-REQ-149) Dear Mr. Ceja and Members of the Selection Committee: As the City of Palm Desert (City) is seeking a highly qualified professional engineering consulting firm to develop a feasibility study to evaluate potential locations—with a special emphasis on the Cook Street corridor—for a new rail station within the City of Palm Desert, selecting the right team will be critical in assisting the City in planning for a future multimodal transportation hub that will benefit your community for years to come. Kimley-Horn is readily available and accessible to you, and our specific approach to deliver the scope of work in this RFP is highlighted below. We are enthusiastic about the chance to continue our working relationship with you and can offer the City the following benefits: Full-Service Rail and Transit Engineering Team. Kimley-Horn is a national firm of over 6,600 staff, including 680+ in California. We have one of the largest rail and transit engineering practices nationwide and a long-standing presence in Riverside County and Southern California. Together with our key teaming partners—Perkins Eastman and Kosmont Companies—our key personnel have been active with Metrolink from its inception and work with the major stakeholders in each subdivision in which Metrolink operates. Kimley-Horn is fully capable, understands your system, and is ready for assignments through this contract. A Knowledgeable Team You Trust. Darryl dePencier, AICP, GISP, RSP2B—a transportation planner with more than 16 years of robust experience managing and supporting numerous transit demand analyses and site location studies for local and state agencies and cities—will serve as project manager and lead our knowledgeable team on this project. Darryl will be supported by a team of skilled engineers, planners, analysts, and specialists who have the relevant experience needed for this pursuit. Notably, Frank Hoffmann, P.E., an experienced civil engineer with over 30 years of experience, will serve as our engineering/architecture lead and has equally relevant knowledge on projects throughout the local area. Darryl and Frank are strategically involved with projects throughout the Coachella Valley and bring an in-depth local knowledge; they will leverage the experience and resources of our Kimley-Horn team to best serve you on this project. Kimley-Horn is also joined by our partners Perkins Eastman and Kosmont Companies. Perkins Eastman brings extensive experience in rail station siting and design that complements Kimley-Horns experience and expertise. Kosmont Companies will provide deeper insight into the economic potential of the proposed rail station and how Palm Desert can best plan for value capture. Extensive Knowledge of SCRRA System. Kimley-Horn team members recently completed a contract for which we inspected all Metrolink grade crossings and rail corridors in Los Angeles County for a total of 110 grade crossings along 132 miles of Metrolink service track. We are also currently working with SCRRA on Phase 1 of the Southern California Optimized Rail Expansion, supporting projects in Ventura County and Orange County. Our team members are familiar with how Metrolink operates and bring significant knowledge of SCRRA’s railroad standards and procedures. With these staff, the City of Palm Desert can feel confident that our team has the understanding required to effectively coordinate with SCRRA throughout the development of this feasibility study. Executive Summary. Our team’s approach to this study will be informed by robust technical analysis, guided by stakeholder and public input, and crafted to meet City and regional needs. Our team is experienced with a wide variety of data sources that will enrich the technical analysis. We have an excellent production group that understands how to communicate complex information to non-technical audiences in both virtual and in-person settings. We will work with the City to identify 4 potential station sites, screen them against a variety of characteristics, and work with the City, the public, and stakeholders to select a locally preferred station site. Item 2F-74 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  2 Thank you for your consideration of our proposal. We look forward to continuing our partnership as the City’s consultant for this project. Please reach out to our project manager directly if you have any questions at 213.261.4039 or darryl.depencier@kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Darryl dePencier, AICP, GISP, RSP2B Jean Fares, P.E.* Project Manager/Associate Principal-in-Charge/Senior Vice President *Jean Fares is authorized to negotiate agreement terms and compensation on behalf of Kimley-Horn and contractually obligate the firm. He can be contacted by email at jean.fares@kimley-horn.com, by phone at 213.354.9402, or by mail at 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017. Item 2F-75 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  3 B. EXPERIENCE AND TECHNICAL COMPETENCE Background Kimley-Horn Overview Kimley-Horn is a national engineering, planning, and environmental consulting firm that specializes in transportation projects. Founded in 1967, Kimley-Horn (a privately owned firm by a group of working professionals within the firm) offers a staff of more than 6,600 and serves a wide range of public and private clients in many disciplines from 109 offices nationwide. We have over 680 employees in California, with more than 300 staff locally based in Metrolink’s service area. Kimley-Horn’s experience with major rail project development and delivery is significant and highly relevant to the City of Palm Desert, including work for commuter rail operators, regional and state transportation agencies, FRA, and FTA. The firm is a leading consultant in the planning, design, implementation, and construction management of rail corridor improvements, including track and station design, grade separations, funding grants applications and management, and grade crossing safety, operations, and design from our centers of excellence located in Southern California, the San Francisco Bay Area, Washington DC, Twin Cities (MN), and South Florida. Please view the following page for a map showcasing our project team’s experience with rail projects across Southern California. References The following projects illustrate a small cross-section of Kimley-Horn’s similar experience with rail station projects. These projects also demonstrate our ability to work with City staff, community groups, and other stakeholders, to cost-effectively and successfully plan and deliver projects. Our proposed staff members have extensive experience with rail projects across the nation. In addition to reading about our project experience, we invite you to contact our clients personally regarding our work history and quality of service. Southern California Regional Rail Authority (SCRRA), Southern California Optimized Rail Expansion (SCORE) Program Phase 1, Ventura, San Bernardino, and Orange Counties, CA SCRRA is implementing Phase 1 of the Southern California Optimized Rail Expansion (SCORE) program which will add safety and operational improvements in support of 30-minute headways along the Ventura County, San Bernardino, and Orange County Metrolink Lines. As part of the SCORE program Kimley-Horn is supporting SCRRA with two project improvement packages: Simi Valley Double Track and Platform Project – In support of 30-minute headways along the Ventura County Line between Moorpark and Burbank, the Simi Valley Double Track and Platform Project will add an additional 2.15 miles of second main track between CP Arroyo and CP Sequoia, adding capacity and flexibility for trains entering and leaving the Simi Valley Station from either direction. Kimley-Horn is advancing this project from preliminary engineering to final design including the main line track design and a new pedestrian underpass at the Simi Valley Station. Other facets of the project include detailed drainage analysis to address the impact of the proposed improvements, utility relocation, and grade crossing improvements including coordination and approval with CPUC. Serra Siding Extension – This project will add one mile of siding extension between CP Serra and the at-grade crossing at Beach Road along the Orange County Line to improve operational flexibility between Metrolink and freight rail operations. Kimley-Horn is leading a project team that will provide final design for two single-track bridges to replace the existing steel through girder bridge to accommodate double- track operations, design one mile of siding track extension, retaining wall and culvert extension design, signaling system improvements, and utility relocations. Client Contact Southern California Regional Rail Authority Aaron Azevedo, P.E., Acting Assistant Director 909.392.8532; azevedoa@scrra.net Item 2F-76 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  4 Kimley- Horn Southern California Projects • Altamont Corridor Express (ACE), Brea Canyon Grade Separation, City of Industry, CA • ACE, Nogales (South) Grade Separation, City of Industry, CA • ACE, Nogales (North) Grade Separation, City of Industry, CA • ACE, Temple Avenue Train Diversion, Pomona, CA • ACE, Jump Start Design Package No. 2, City of Industry, CA • ACE, Alameda Corridor Washington Boulevard Grade Separation, Los Angeles County, CA • BNSF, San Bernardino IMF and Auto Expansion Opportunities, San Bernardino County, CA • BNSF, Los Angeles to Anaheim Project Section Lenwood Staging Track and Colton Intermodal Facility Components, San Bernardino County, CA • BNSF, Ono Lead Track Extension Project: CEQA, Entitlements and Engineering Design, San Bernardino, CA • Caltrans, 2018 California State Rail Plan, Statewide, CA • California Public Utilities Commission, Railroad Crossing Inventory and Field Survey, Statewide, CA • California Public Utilities Commission, On Track Quiet Zone Implementation Program Manager Services, Placentia, CA • City of Anaheim, Anaheim Rapid Connection (ARC) Streetcar Environmental Impact Report/Environmental Assessment (EIR/EA), Anaheim, CA • City of Corona, McKinley Grade Separation, Corona, CA • City of Lancaster At-Grade Rail Crossing Improvements, Lancaster, CA • City of Jurupa Valley, UPRR Pedley Road and Jurupa Road Grade Crossing Improvements, Jurupa Valley, CA • City of Moreno Valley, BNSF I-215/Cactus Avenue Grade Separation, Moreno Valley, CA • City of National City, MTS 8th and Roosevelt LRT Crossing Improvements, National City, CA • City of Santa Ana, OC Streetcar Review, Santa Ana, CA • Expo Metro Line Construction Authority, Design of Metro E Line (Expo) LRT Phase 2 • Federal Railroad Administration, Office of Program Delivery, Nationwide, USA • Federal Railroad Administration/Federal Highway Administration, U.S. Department of Transportation Grade Crossing Handbook, 3rd Edition, Nationwide, USA • Federal Transit Administration, Program Management Oversight Services IDIQ, Nationwide, US • LA Metro, Exposition Line LRT, Los Angeles, CA • LA Metro, Blue Line Safety Improvement Study for Wardlow Crossing, Los Angeles, CA • LA Metro, County Grade Crossing and Rail Corridor Study, Los Angeles County, CA • LA Metro, Willowbrook/Rosa Parks Station Improvement Project Design and Engineering Services, Los Angeles, CA • LA Metro, West Santa Ana Branch Transit Corridor Environmental Study, Los Angeles, CA • LA Metro, San Gabriel Valley Grade Crossing Study & Alameda Corridor-East (ACE) Program Manager, Irwindale, CA • LA Metro, Wardlow Crossing/Study of Grade Separations on the UPRR Shared Corridor of the Los Angeles Blue Line, Los Angeles, CA • OCTA, 17th Street Grade Separation Project, Santa Ana, CA • RCTD, UPRR/Sunset Avenue Grade Separation, Banning, CA • SANDAG/MTS, Purple Line LRT Feasibility Study, San Diego, CA • SANDAG/MTS LRT Blue Line Stations Renewal Project, San Diego, CA • SANDAG, Design of Mid Coast LRT and Transit Centers, San Diego, CA • SANDAG, On-Call Services, San Diego County, CA • SANDAG, San Ysidro Railyard Improvement Project (Freight Yard), San Diego, CA • SANDAG, San Ysidro Intermodal Transportation Center, San Diego County, CA • SANDAG, South Line Freight Rail Improvements, San Diego, CA • San Diego Metropolitan Transit System (MTS), On-Call A/E Design Contract, San Diego, CA • San Diego Metropolitan Transit System, Green Line Site Furnishings, San Diego, CA • SCRRA, Simi Valley Double Track and Station, Simi Valley, CA • SCRRA, Sierra Siding Extension, Orange County, CA • SCRRA, On-Call Professional Engineering Design Services, Pomona, CA • UPRR/ACE, Fullerton Road Grade Separation, City of Industry, CA Perkins Eastman Southern California Projects • LA Metro: Gold Line Eastside Extension (Los Angeles, CA)• Gateway Center/Patsaouras Transit Plaza (Los Angeles, CA) Rail Experience Map SANTA BARBARA COUNTY VENTURA COUNTY SAN BERNARDINO COUNTY LOS ANGELES COUNTY ORANGE COUNTY SAN DIEGO COUNTY RIVERSIDE COUNTY Kimley-Horn Perkins Eastman Item 2F-77 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  5 LA Metro, Grade Crossing and Rail Corridor Study, Los Angeles County, CA Kimley-Horn is serving as the project manager and is performing grade crossing planning and conceptual design services for some 110 grade crossings along Metro- owned rail corridors in Los Angeles County under a subcontract to the AECOM team. The project goal is to provide a comprehensive review of all grade crossings, identify needed improvements, and to develop project ranking to direct available funding to high-priority locations. In addition to evaluating individual grade crossings for safety treatments, the effort includes survey of rail corridors between crossings for trespass/intrusion so that LA Metro can implement a “sealed corridor” treatment countywide. The project will also identify thresholds for grade separation and will provide Project Study Report Equivalents (PSREs) for four selected locations along with potential final design of improvements and an at-grade crossing. Client Contact LA Metro Vincent Chio, Senior Director—Regional Rail 213.922.7597; chiov@metro.net City of Elk Grove, Feasibility Study for a Multimodal Rail Transit Station, Elk Grove, CA Kimley-Horn completed a feasibility study to assess whether and where to add a multimodal transit station within the City of Elk Grove to serve its growing regional travel demands to Sacramento. Such a station would serve a combination of planned passenger rail service, future light rail, and existing bus service, as well as bringing together other transportation modes such as a park-and-ride, bike access, pedestrian access, and ride hailing. Kimley-Horn identified a number of potential sites throughout the city that would serve multiple transportation modes in an effective manner, based on screening and evaluation criteria identified as part of the project. To assess the benefits of a multimodal station, Kimley-Horn analyzed existing and future traffic, transit circulation, multimodal site access, and opportunities for passenger rail service along two UPRR corridors as well as assessed land use and economic development opportunities around 13 potential sites. Evaluation criteria and metrics being used to analyze the feasibility of such a station included traffic reduction benefits, commuter rail operational feasibility, regional and local transit network connectivity, programmatic capital cost and operating cost rough order of magnitude, and feasibility of property acquisition. Throughout the duration of the project, Kimley-Horn partnered with the city to implement a public engagement plan that included project collateral, open houses, an online survey, a project website, and ongoing online and social media interactions. Kimley-Horn helped the city develop a shortlist of four candidate sites, and recommended the selection of a preferred site for development based on an alternatives analysis that considered ridership projects, cost estimates for both construction and operations, and an estimate of the potential for diverting traffic off congested corridors. For each of the four candidate sites, Kimley-Horn developed a conceptual site configuration that identified space allocation for bus bays, pick-up/drop-off, vehicle parking, bike parking, and pedestrian and bicycle access paths. Kimley-Horn also prepared opportunities and constraints maps that analyzed the surrounding transportation network and identified gaps in pedestrian and bicycle infrastructure. Recommendations were provided for gap closure and for improvements to enhance bus access and circulation to each site. Client Contact City of Elk Grove Michael Costa, Interim Transit System Manager 916.687.3030; mcosta@elkgrovecity.org Item 2F-78 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  6 Caltrain, San José Diridon Integrated Station Concept (DISC) Plan, San José, CA The San José Diridon Station currently serves multiple transit modes including Amtrak, Altamont Commuter Express (ACE), Caltrain, and VTA light rail and bus. The planned additions of BART, High-Speed Rail service (HSR), and a future airport connection lead to significant future growth of the transit station and catalyst for surrounding higher-intensity mixed-use transit supportive development, including Google’s Downtown West Mixed-Use Plan. Since 2015, Kimley-Horn has led all the coordination and planning efforts to establish the future, new vision for the transit station. Our efforts have included all components of program management services including leading the Diridon Transportation Facilities Master Plan, coordinating federal and state grants and local funds, interagency alignment with coinciding efforts, coordinating the station design and layout with the City’s urban design guidelines and development plans, and the preparation of the Integrated Station Concept Plan. Kimley-Horn serves to represent the interests of the partner agencies working together to co-create the future vision: Caltrain, California High Speed Rail Authority, City of San José, Santa Clara VTA, and the Metropolitan Transportation Commission (MTC). Kimley-Horn also represents these partner agencies interests with other key external agencies such as the San Francisco Bay Area Planning and Urban Research Association (SPUR), Google, the San José Downtown Association, San José Sharks NHL team, and various state agencies. Client Contact Peninsula Corridor Joint Powers Board Melissa Reggiardo, Manager, Caltrain Planning 650.868.9925; reggiardom@samtrans.com SFRTA, Rail Station Site Location Analyses, Boca Raton/Aventura/West Palm Beach, FL Kimley-Horn is providing professional consulting services for the second phase of this effort: a project development and environment (PD&E) study. The proposed station will increase mobility for residents and commuters and will also provide access to a variety of local community features, such as Town Center at Boca Raton mall, downtown Boca Raton, several recreational facilities, and colleges/schools nearby. Kimley-Horn is evaluating location alternative that meet the project objectives in an environmentally responsible, socially acceptable, and cost feasible manner, consistent with public and agency input. The scope includes public involvement, engineering analyses and considerations, environmental analysis and reports, environmental documents, and 30 percent documents. Kimley-Horn also completed similar studies for stations in Aventura and West Palm Beach Airport as part of this contract. Client Contact SFRTA Loraine Cargill, AICP, Director of Strategic Planning 954.788.7921; cargilll@sfrta.fl.gov Miami-Dade TPO, Strategic Miami Area Rapid Transit (SMART) Plan General Planning Consultant, Miami-Dade County, FL Kimley-Horn was retained by the Miami-Dade TPO to perform planning studies in support of the Implementation of the Strategic Miami Area Rapid Transit (SMART) Plan. Two work orders have been issued to Kimley-Horn so far: Beach-Northeast Corridors Land Use Scenario and Visioning Planning, and Factors Affecting Transit Ridership in Miami-Dade County. The Beach-Northeast Corridors Land Use Scenario and Visioning Planning study is developing transit supportive land use visions for the Beach and Northeast SMART Corridors. These land use visions are developed to complement the engineering and environmental assessments performed through the Project Development and Environment (PD&E) studies. As part of the study, the Kimley-Horn team conducted three well-attended visioning charrettes to obtain public input, provided updates to the Study Advisory Committee (SAC) and Technical Oversight Committee (TOC), and developed alternative land use scenarios. The study is ongoing. The Factors Affecting Transit Ridership in Miami-Dade County study is identifying potential factors for transit ridership decline in Miami-Dade County. As part of the study, Kimley-Horn team conducted a survey, which generated over 1,750 completed responses from Miami-Dade County residents. The outreach efforts for the survey were done through social media, digital media ads, and e-blasts. The survey results will be complemented by information gathered through a national literature review to identify potential reasons for ridership decline. The study findings will be presented to the TPO Committees. Client Contact Miami-Dade TPO Mary Tery Vilches, Transit and Regional Manager 305.375.2069; maria.vilches@mdtpo.org Item 2F-79 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  7 SANDAG, Mid-Coast Mobility Hubs, San Diego County, CA The Mid-Coast Corridor Mobility Hub Implementation Strategy developed a multimodal vision and specific mobility hub recommendations at 10 stations and communities along the currently under-construction Mid-Coast LRT alignment. Funded by an FTA grant, the goal of the project was to leverage the region’s investment in transit infrastructure to maximize ridership and expand the benefits to overall community mobility and access to transit. Kimley-Horn first leveraged SANDAG’s Mobility Hub Toolkit to identify a set of themes and strategies specific to each station area that would benefit both station accessibility and community mobility. We then developed feature maps that integrated mobility hub features, including micro-mobility, shared mobility, active transportation, and technology into each station area. Kimley-Horn developed 3D graphics and moving simulations to depict the mobility hub elements in action. Design concepts and cost estimates were developed for mobility hub implementation. Kimley-Horn partnered closely with SANDAG throughout the project, as well as MTS, the City of San Diego, and UCSD. We also held several community meetings and engaged the local business community to develop recommendations that reflected local community needs and opportunities. Client Contact SANDAG Marisa Mangan, Associate Regional Planner 619.595.5614; marisa.mangan@sandag.org City of Palm Desert, Traffic Operations and Capacity Improvements, Palm Desert, CA Kimley-Horn in association with Traffex and Forbes Traffic Solutions is currently working with the City of Palm Desert to conduct capacity and operational studies at 50 of the City’s most problematic intersections with the goal of improving safety, connectivity, and access. This project will build upon the results of the City’s recently completed LRSP and Engineering and Traffic Survey (E&TS) studies. The project aims to supplement the improvements made from other ongoing projects, such as the CV Link Connector and the regional CV Sync Program, and will support the City in evaluating, troubleshooting, and fine-tuning signal timing and coordination changes introduced as part of these projects. As part of this project, Kimley-Horn reviewed the proposal signal timing parameters for the CV Sync Program and provided feedback to CVAG that will be incorporated into the final signal timing plans. Kimley-Horn also reviewed plans and updated signal timing parameters for three city signals that connect to the CV Link bicycle path that runs through the City. Subsequently, upgrades, reconfigurations, and adjustments will be made to the City’s Legacy Traffic Management Aries software system, signal communication system, and Central Traffic Management System communication infrastructure. This project is broken up in two phases: the first phase will propose conceptual-level capacity and safety improvements at project intersections. It will also include a preliminary cost estimate and intersection scorecard to be used when prioritizing locations for further analysis and final engineering. The second phase of the project will include the development of plans, specifications, and estimates (PS&E) for traffic signal modification, traffic signing and signage modification, and traffic management plans for the construction phase. Client Contact City of Palm Desert Randy Bowman, Deputy Director of Public Works 760.776.6493; rbowman@cityofpalmdesert.org City of Palm Springs, On-Call Civil and Traffic Engineering Services, Palm Springs, CA Kimley-Horn was selected by the City of Palm Springs to provide on-call civil engineering services. Typical services will include preparing or examining engineering plans, specifications designs, cost estimates, bid proposals, and legal descriptions for a variety of construction and maintenance projects as well as traffic signal design, traffic signal warrants, various traffic studies, speed surveys, timing sheets, traffic counts, and turning movements. Additional scope of services may include preparing or examining engineering plans, specifications designs, cost estimates, bid proposals, and legal descriptions for a variety of construction and maintenance projects. Client Contact City of Palm Springs Joel Montalvo, Assistant Director of Engineering 760.323.8299; joel.montalvo@palmspringsca.gov Item 2F-80 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  8 Seattle Monorail Services/Seattle Center, Station Renovations & Upgrades, Seattle, WA VIA—A Perkins Eastman Studio (VIA) was selected by Seattle Monorail Services and Seattle Center to evaluate and develop improvements to the Monorail that increase capacity, improve accessibility, and better connect it with the regional transit network, downtown transportation infrastructure, and other downtown resources. The results and recommendations of the original study identified ridership goals achievable for different levels of investment in the existing system and demonstrated that, at a relatively low investment, the Monorail can provide an effective connection from Seattle Center to high capacity regional transit services more than 11 years before the proposed Sound Transit 3 line will connect there. VIA then provided the final design for an economical approach to maximize rider capacity while refreshing the look, feel, and comfort of the stations. Upgrades included new finishes, specialty lighting, digital signage, advanced security and fare collection systems, and streamlined platform areas. With new fare operations and more room on the Westlake platform, headways are greatly reduced, effectively doubling the capacity of the line carrying up to 4,000-6,000 people in each direction per hour when operated at maximum efficiency. Community meetings were conducted in conjunction with the Seattle North Downtown Mobility Action Plan community process, Uptown Alliance and Belltown Community Council to gather input regarding the station options as part of the larger vision of connectivity. With uniform support for proposed station upgrades, the public had particular interest to improved connections to Link Light Rail and better integration with regional transit. Client Contact Seattle Monorail Services Tom Albro, Owner 206.930.4004; toma@seattlemonorail.com Amtrak/WSDOT, Cascades Station at Freighthouse Square, Tacoma, WA As continuation to VIA’s long engagement with the City of Tacoma planning and downtown visioning (South Downtown Planned Action EIS, Downtown Tacoma Comprehensive Plan), VIA provided lead architectural services for the AMTRAK Cascades Station as part of WSDOT’s Point Defiance Point Bypass project. This new passenger rail station provides a significant new addition to City of Tacoma’s multimodal transportation hub that includes Sounder, Tacoma Link, ST Express bus. The 7,000-square foot station facility was ‘inserted’ as a new architectural element within the 800 foot long Freighthouse Square, a 1909 railroad terminus which has been transformed into an urban shopping center. Station architecture references the 100 year old building, while fulfilling current standards for seismic, thermal, and life safety. While a majority of the building has been removed and replaced with new systems and materials, extensive efforts were made to reclaim as much of the original building material as possible for reuse. Client Contact Washington State Department of Transportation Chris Dunster, Project Manager 360.705.6947; dunsteC@wsdot.wa.gov Monorail Reconfiguration Evaluation Report June 2018 13 N Figure 11: Future conditions of transit network near Westlake Center Figure 12: Existing hotels, major retail, and parking locations near Westlake Center NFigure 13: Recent and pipeline development near Westlake Center Thomas Street Harrison Street Existing Bus Line & StopArena McCaw Hall International Fountain Plaza Fisher ChihulyArmoryMoPopChildren’s TheatrePacific Science CenterSpace NeedleSeattle Rep TheatreCornishKEXP - Vera - SIFF Seattle Center Monorail Station John Street Figure 10: Seattle Center Connections and Development CONNECTIONSWestlake Center Monorail Station Street Car Li n k L i g h t R a i lProposed ST 3 LineTransit tunnel Westlake StationRegional Bus 3r d A v e n u e T r a n s i t S p i n e M o n o r a i l Proposed Westlake ST3 Station location options Dow n t ow n N o r t h D o w n t o w n P P P P P P P P P P P MAJOR RETAIL HOTELS 6th ave McGraw Square 5th ave 4th ave 3rd ave Stewart StLenora StVirginia StOlive WayPine StPike StW e s t l a k e A v e Westlake Park PLANNED BUILDINGS NEW BUILDINGS SINCE 20006th ave McGraw Square 5th ave 4th ave 3rd ave Stewart StLenora StVirginia StOlive WayPine StPike StW e s t l a k e A v e Westlake Park Seattle Center Connections and Development Item 2F-81 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  9 City of San Francisco, Southeast Station Relocation Study, San Francisco, CA The City of San Francisco, in partnership with Caltrain, is planning for the future of the rail corridor in the southeastern areas of the City including the potential relocation of the existing 22nd Street Caltrain Station and a potential station to restore regional rail service in the Bayview neighborhood. The study evaluates the ability to meet the City’s transportation goals with one or two stations serving the southeast corridor. As a subconsultant to Fehr and Peers, VIA worked with MSA Engineering to propose, assess, and evaluate six options for future stations between 4th and King and Bayshore. The station assessment was completed in close coordination with the Pennsylvania Avenue Extension tunnel alignment project led by SFCTA (including consultant team member, PGH Wong). Assessments were integrated with relevant programs including Connect SF, the City’s long range transportation plan, Caltrain electrification and Caltrain long range service vision. The SERS Core Team included representatives from Caltrain, the San Francisco County Transportation Authority (SFCTA), the San Francisco Municipal Transportation Agency (SFMTA), San Francisco Planning Department, and the consultant team. The group met 16 times between April 2020 and December 2021 to discuss SERS study progress and updates. VIA provided conceptual feasibility, cost, and design of station options including, underground, at-grade and elevated station types. The options within the PAX tunnel were linked and coordinated to the PAX implementation timeline and alignment decisions and were designed to progress alongside that study in the next project phases. The team also assessed potential changes to community land use, transportation, and access and developed a series of graphic concepts for use in extensive public outreach led by Civic Edge and the City of San Francisco. Client Contact City of San Francisco Anna Harvey, Rail Program Manager 415.672.2852; anna.harvey@sfgov.org TriMet, Southwest Corridor Urban Design, Portland, OR The SW Corridor LRT Project, an extension of the existing high- capacity network, will bring fast, reliable, and affordable transit to improve regional mobility, be the catalyst to leverage additional public investment, support adopted visions to accommodate growth in this corridor of the Portland Metro region and foster connected, affordable communities. VIA, in a Joint Venture with ZGF and Mayer/Reed, led the contract for corridor-wide urban design, station area planning, and architecture for this 11-mile, 13 station light rail extension. VIA provided project management services for the 22 firm inter-disciplinary team, and was responsible for developing 30% station architectural plans in collaboration with the engineering and environmental teams with key deliverables including station and alignment designs, integrated into local context and incorporating community character and prioritizing pedestrian, cyclist, and transit rider experience. VIA also led the approach, production, and coordination of the Conceptual Design Report final CDR and project system design guidance. This 300-page document is a public-facing companion to the 30% drawing set and the FEIS and as a visual and easy-to-understand format for communicating the project to diverse stakeholder groups, policymakers and community members, and has been used in countless workshops and presentations. Client Contact TriMet Jeb Doran, Senior Project Manager 503.962.2141; doranj@trimet.org SOUTHWEST CORRIDOR LIGHT RAIL PROJECT: CONCEPTUAL DESIGN REPORT82 OPENING DAY On opening day, the Southwest Corridor Light Rail Project will include items as de ned within the project scope and as described in this report. This Conceptual Design Report focuses speci cally on the transit system functional elements and their aesthetics, character and siting, as well as integrated access projects. In some cases, selected elements of ‘place-making’ are also included within the project boundary, such as transit plazas. FUTURE VISION Transit projects are complex, and so is their urban design. Developing new light rail infrastructure opens up many opportunities to improve and expand upon community values for mobility, equity, climate change, land use and other goals. The future vision for a transit project like the Southwest Corridor Light Rail Project may ultimately include many opportunities for new mobility services supporting station access, buildings and other kinds of investments that help communities take advantage of the public investment of a system. High-capacity transit encourages vibrant cultural centers, business corridors and mixed- income housing. These are improvements that will be initiated and funded by others. Figure 4.43: Opening day scope and future station area vision upon coordination with partners Transit-oriented development can provide open space and a mix of uses that allow for vibrant activity within the station area. Mature tree canopy and stormwater features, over time, can create a more attractive street- level pedestrian experience. Mobility hubs can introduce infrastructure that accommodates other mobility options, like e-bikes and scooters. Item 2F-82 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  10 LA Metro, Gateway Center, Los Angeles, CA Los Angeles, home of the car and the freeway, is not the place one would expect to find the country’s largest intermodal transportation facility. Nor would such a facility ordinarily be contemplated as a centerpiece of a pedestrian-focused downtown revitalization plan. Gateway Center is both. Perkins Eastman’s master plan for the 75- acre Alameda District centers on a site adjacent to Los Angeles’ landmarked Spanish- style 1930s Union Station. There, the Gateway Intermodal Transit Center links nearly every means of ground transportation—buses, subways, Amtrak, light rail, and the Metrolink commuter line, together with a 3,000-car park-and-ride facility—returning this neglected location to its origins as the grand portal to Los Angeles. Gateway Center is oriented around Patsaouras Transit Plaza, an important connecting point for buses and cars, as well as a splendidly landscaped open space. The two-level plaza, a lushly landscaped open space, serves as an outdoor waiting room and, with a ramp, elevator, and staircases, the connection point for buses and cars (the parking for which is on four below-grade levels under the plaza). Client Contact LA Metro James de la Loza, Chief Planning Officer 213.922.2920; delaloza@metro.net Item 2F-83 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  11 C. FIRM STAFFING AND PERSONNEL Staffing and Team Organization We have carefully considered the composition of our team and have identified the most qualified personnel with recent, relevant experience to be available to work with you. Led by project manager Darryl DePencier, AICP, GISP, RSP2B, our Kimley-Horn team is comprised of an extraordinary group of professionals who are experienced in providing similar traffic engineering services and are committed to providing the City with a proven approach resulting in high quality deliverables. We have provided an organizational chart below with the number of staff assigned to perform the scope of services in this RFP along with the name, discipline, and job title of each staff member. If desired, Kimley-Horn has the capacity to provide additional personnel as needed. Teaming Partners 1 – VIA—A Perkins Eastman Studio 2 – Kosmont Companies Principal-in-Charge Jean Fares, P.E. QC/QA Greg Kyle, AICP Project Manager Darryl dePencier, AICP, GISP, RSP2B Engineering/Architecture Frank Hoffmann, P.E. Steven Line, AIA1 Architect of Record Steven Line, AIA1 Station Design Matt Gibson, P.E. Steven Line, AIA1 Station Sizing Peter Meyerhofer, P.E. Cost Estimates Frank Hoffmann, P.E. Station Circulation Jill Gibson Off-site Concepts Frank Hoffmann, P.E. Design Analyst Gyan Sinha, P.E. Traffic Jason Melchor, P.E. Active Transportation Amy Restelli, P.E., PTOE Parking Matt Horton, AICP Transit Jill Gibson Safety Kyle McGowan, AICP Transportation Analyst Tyler Lindberg Planning/Urban Design Darryl dePencier, AICP, GISP, RSP2BVaughan Davies, SAIA, WEDG1 Urban Design Vaughan Davies, SAIA, WEDG1 Justin Skoda1 Anders Bjerregaard-Andersen, AICP1 CEQA Process Kim Avila, AICP, ENV SP CEQA Reporting Meghan Karadimos Air Quality Ace Malisos VMT Analysis Mehul Champaneri Land Use Planning Dave Barquist, AICP Land Use Analyst Ines Galmiche Funding Opportunities Alyssa Phaneuf, P.E. Zoning and Land Use Rita Garcia Demographics Profile Abbey Ibbara Transit Demand Zander Dally, AICP Active Transportation Demand Elizabeth Garcia, EIT Value Capture Ken Hira2 Joseph Dieguez2 Fernando Sanchez2 Stephanie Ontiveros2 Outreach Kate Howe, AICP1 Collateral Development Jordan King Community Engagement Anders Bjerregaard-Andersen, AICP1 Spanish Interpretation Rossina Chichiri RCTC CVAG Item 2F-84 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  12 Key Personnel The table below highlights the key personnel assigned to this project and the role and responsibility of each individual. Resumes for all personnel can be found in the separately uploaded PDF entitled KH_4.9 Project Team Resumes. Subcontractors Kimley-Horn will be teaming with Perkins Eastman—an architecture firm with in-depth rail design experience throughout the United States— and Kosmont Companies—a real estate firm experienced value capture—to provide the requested services for this feasibility study. We have collaborated with both firms on past projects and are confident in their ability to provide the requested services to the City. Perkins Eastman Perkins Eastman is a global architecture and design firm guided by the belief that design should have a positive and lasting impact on people’s lives. As one of the largest architecture firms in the world, with more than 1,200 employees in 24 locations around the globe, they collaborate seamlessly across borders, barriers, and disciplines to connect people and ideas. In 2021, Perkins Eastman merged with VIA Architecture and created the VIA Studio, which has a specialty transit and infrastructure practice dedicated to designing city-shaping projects. The VIA Studio is a specialist team of transit architects, planners, and designers that bring expertise in the design and integration of transit in complex settings. As one of North America’s premier transit architecture practices and a recognized design leader in our industry, they have become adept at working in close collaboration with transit agencies, engineering partners, and design-build teams to deliver award-winning stations while meeting strict budget and schedule objectives. VIA has developed a strong, lasting reputation as a trusted partner—having provided lead planning and design guidance on every new expansion line for Vancouver’s TransLink’s SkyTrain since its inception. They collaborate on all project phases, from design development to final design and construction documentation. Their expertise extends to design program management, project management, sustainability and resiliency assessments, constructability reviews, peer review, value engineering, and expertise supporting the development of project delivery, and alternative procurement strategies. They support Asset Management objectives and are well versed in the FTA asset management programs and objectives. Their studio is headquartered on the West Coast with offices in Los Angeles, Costa Mesa, Oakland, San Francisco, Seattle, and Vancouver. Key Personnel Role Responsibility Darryl dePencier, AICP, GISP, RSP2B Project Manager; Planning/Urban Design Co-Lead Primary contact for the City and will lead project team through project development. Collaborate with Vaughan to lead the planning efforts for this study. Jean Fares, P.E.Principal-in-Charge Provide oversight and risk management responsibilities. Greg Kyle, AICP QC/QA Manager Work with the project team to adhere to the scope of work, meet the City’s needs, and maintain adherence to the City’s preferred standards. Frank Hoffmann, P.E.Engineering/Architecture Co- Lead; Cost Estimates; Off-Site Concepts Collaborate with Vaughan to lead the engineering/architecture efforts for this study. Lead preparation of cost estimates and coordination with Perkins Eastman on development of site concept(s). Steven Line, AIA Engineering/Architecture Co-Lead; Architect of Record; Station Design Collaborate with Frank to lead the engineering/architecture efforts for this study. Oversee preparation of design and construction documents. Coordinate with Kimley-Horn staff on station design efforts. Vaughan Davies, SAIA, WEDG Planning/Urban Design Co-Lead Lead efforts to integrate station design into the surrounding environment. Katherine Howe, AICP Outreach Lead Lead engagement efforts with project stakeholders and surrounding communities. Ken Hira Value Capture Lead Lead value capture efforts to identify funding through tax increment financing and/or special tax/assessment mechanisms. Item 2F-85 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  13 Kosmont Companies Kosmont, a certified Minority Business Enterprise (“MBE”) and certified Small Business Enterprise (“SBE”), is a real estate and economic development services firm offering a full range of real estate and financial advisory, economic development strategies/plans, retail/business strategies, project finance, transaction structuring, negotiations, market analysis, feasibility studies, special district analysis, community outreach/project implementation services for both the public and private sectors. Kosmont Companies was founded in 1986 by Larry J. Kosmont, Chairman and CEO, and is nationally recognized. With decades of advisory services, Kosmont has assisted hundreds of public agencies in their quest for services and successful public private projects. What sets Kosmont apart is their understanding of how economics relates to future project shaping, as well as their understanding of both the public and private sectors. Kosmont will integrate their established ability, strengths, seasoned experience, and hands-on approach to deliver the requested consulting services. Kosmont is an active leader in Value Capture and Infrastructure Financing District formation. Kosmont is currently assisting over 50 communities with evaluation or formation of value capture mechanisms such as special districts for the funding of infrastructure, housing, and other economic development activities. Special districts utilized include Enhanced Infrastructure Financing Districts (EIFD), Community Revitalization and Investment Authorities (CRIA), Infrastructure and Revitalization Financing Districts (IRFD), and Mello-Roos Community Facilities Districts (CFD). Kosmont is working or has recently worked on value capture and infrastructure funding district formation and related analyses for the Coachella Valley Association of Governments (CVAG), the City of Indian Wells, the Cities of Rancho Cucamonga, Fontana, Redlands, 29 Palms, Yucaipa, Ontario, Banning, and many other communities across the state. Kosmont has facilitated the formation of more value capture districts across the State than any other firm, and Kosmont Financial Services (registered municipal advisor) has successfully structured tax increment- related debt issuances, with more issuance activity underway. Item 2F-86 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  14 D. PROPOSED METHOD TO ACCOMPLISH THE SCOPE OF WORK Management Approach Kimley-Horn has developed a management approach and work plan which will provide the capacity to deliver all assignments on schedule and within budget meeting all of the City of Palm Desert’s quality expectations. The Kimley-Horn team is committed to successfully coming alongside the City to plan this future rail station. Our team will prepare technically sound project deliverables while adhering to the project scope, schedule, and budget. We are well-versed in delivering professional engineering services for similar feasibility studies for public transit agencies, including several rail clients. Our approach is founded upon three principles: »Completing projects on time, on budget, and to your satisfaction »Seamlessly reflecting and adhering to the City’s processes, forms, standards, and design manuals »Focusing on innovation and thought leadership to offer time, budget, and impact reduction options We will focus on saving your staff time by preparing a responsive scope of work, preparing and maintaining a detailed project schedule, and leveraging our existing relationships to assist in coordinating with partner agencies. Through strong leadership and a teamwork-oriented approach, we are prepared to address any challenge. Darryl dePencier, AICP, GISP, RSP2B will serve as the City’s primary point of contact. He will work up front with the City’s staff to understand the nature of this assignment and will assign the appropriate technical staff, drawing from a deep bench of resources. Darryl will subsequently monitor our team’s progress confirming that we are staying within budget while meeting schedule and quality requirements. He brings extensive experience delivering demand studies and site location analyses and is familiar with using Automatic Vehicle Locator (AVL) and Automatic Passenger Counter (APC) systems and other origin-destination data to analyze ridership trends, on-time performance, congestion impacts, and bus bunching for transit agencies. Darryl will be supported by Frank Hoffmann, a long time Coachella Valley resident with extensive experience in the design and construction of rail stations in Southern California. Frank led the design teams for the Santa Monica segment of the Los Angeles Metro’s Expo line and Segment 4 (La Jolla) of the Mid-Coast line in San Diego. Frank’s ”handiwork” includes the Santa Monica Downtown station and the UTC transit center station in La Jolla. In addition, we have identified leading individuals from our core disciplines of Engineering/ Architecture, Planning, and Outreach who are seasoned professionals with extensive experience working on engineering and design for rail and transit projects throughout California and across the nation. This feasibility study requires a comprehensive team encompassing many disciplines and providing the depth necessary to consider the various elements of this proposed station and present design concepts to help the City decide the best path forward. As such, we are partnering with Perkins Eastman, who will provide architectural design and outreach services, and Kosmont Companies, who will assist in the value capture efforts for this project. Their extensive experience with similar projects across the country will be invaluable as we come alongside the City during the planning process for this new station. Quality Control/Quality Assurance The QC/QA plan that Kimley-Horn and its team members will follow in the execution of services is used firmwide to maintain consistency with our clients. It includes the following six key elements: »Structure: Each QC/QA plan includes a project manager responsible for contract delivery, technical managers responsible for discipline design development, and a QC/QA manager responsible for verifying implementation of QC/QA plan. »Procedures: Intradisciplinary checking of documents will be performed by a competent individual within each discipline other than the designer. We have established a color-coded comment process that involves ACHIEVED Through adequate planning, coordination, supervision, and technical direction CONTROLLED By assigning a manager to evaluate all work flow and procedures VERIFIED Through independent reviews by qualified staff SECURED Through careful surveillance of work activities by parties not involved in the initial efforts KIMLEY-HORN QUALITY CONTROL IS Item 2F-87 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  15 the following steps: an initial check (performed by the checker); a review of comments to verify their adequate consideration and documented resolution (performed by the designer); a review of the completed changes in the original documents (performed by the designer); and a review that confirms accurate completion of changes to the documents (performed by the checker). »Interdisciplinary Reviews: Interdisciplinary reviews are performed throughout the project and prior to key submittals when senior staff from the discipline groups meet to discuss overall project elements. »Quality Assurance Audit: The QC/QA manager will be responsible for conducting a QC audit after completion of the checking and review process and prior to the submittal of any document or deliverable. »Deliverables and Document Control: The project manager will manage the submission of design documents after the QC/QA audit is complete and at milestone completion dates. »Corrective Action Measures: Corrective action measures will be taken if incorrect or nonconforming work is discovered in deliverable items that have already completed the QC/QA process. Technical Approach Project Understanding Passenger rail service between the Coachella Valley and Los Angeles is part of the California State Rail Plan. The plan proposes rail operations between the Coachella Valley and Los Angeles by 2040 with hourly service to San Bernardino and Riverside. RCTC has studied rail operations in more detail and has identified the route that parallels I-10 through the Coachella Valley to Colton, I-215/SR 91 to Fullerton, and I-5 to Los Angeles Union Station. The plan proposes using the existing rail stations in Palm Springs, Riverside, Fullerton, and Los Angeles. It also suggests potential new stations in the Coachella, Indio, Palm Desert, Beaumont, and Loma Linda areas. This has provided the City of Palm Desert with the opportunity to propose a locally preferred site for the future rail station and a concept for its design and how it can be integrated into the surrounding neighborhoods. The Palm Springs Amtrak station occupies approximately four acres of land. As shown by the graphic to the right, assuming that the Palm Desert Station will need to be at least as large as the Palm Springs Station, there are no sites east of the Cook Street area that could accommodate a sufficiently large station. The potential Palm Desert Station location near Cook Street is well situated to be serviced by SunLine Transit, which already has two routes through the location servicing the city centers of Palm Desert and Desert Hot Springs. Service could be amended to provide one-seat rides to Palm Springs and other Coachella Valley cities as well. As shown in the figure to the left, the station in Palm Desert would provide convenient connectivity to the Inland Empire and Los Angeles for approximately 1,200 jobs according to the Longitudinal Employment and Housing Dynamic. The current station at Palm Springs is too far from the developed areas to draw as many. Our team will recommend both location and conceptual designs for a new station along the proposed RCTC alignment using the existing Union Pacific Railroad. Our approach is balanced between place-making objectives, technical constraints and opportunities, design objectives, and implementation objectives. We will work with the project team and stakeholders to develop compelling criteria that support a site’s selection and build towards the larger story of how the station may also benefit a broad population of users—from residents to visitors. We approach station options analytically, assessing related project opportunities while also exposing elements that present significant construction, operations, and regulatory compliance risk. Item 2F-88 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  16 Our efficient workflow includes solid comprehension of connections between existing and new structures, roadway configurations, existing infrastructure, and potential interferences between structural, civil, and urban design elements. One of the objectives our team will work toward is improving the potential for this station to increase passenger reach and support enabling frameworks for future city objectives. We know that transit works best when stations are designed to be located near places people like to visit, not just travel through. Infrastructure can be designed with attention to human-scale opportunities. Please view the exhibits on pages 17 and 18 for a representation of our considerations when selecting a site. Our team brings extensive recent experience designing stations and developing system design guidance, which gives us a jump start on the size, configuration, and functional requirements for the station site. We also bring a nuanced understanding of the land use relationships to transit as well as direct experience working on master plans for large institutional users (Cal State University, San Bernardino). Our partners Perkins Eastman also have recent experience crafting a successful feasibility study in partnership with the NHL (Seattle Kraken) and the Seattle Monorail Project to build a case to invest and upgrade the existing transit facility at Westlake—linking Downtown Seattle’s assets with Seattle Center’s Climate Pledge Arena. The site selection process will focus on the Cook Street and Monterey Avenue intersections. Our integrated team will work with the City to elevate ideas that have high-level implications for cost while balancing City planning and growth objectives. In an integrated fashion the urban design/planning team will analyze the latent potential for sites, development opportunities, treatments to existing assets, scale transitions, employment/housing/program goals, implementation mechanisms, and local requirements. When evaluating station locations, our team will develop criteria such as: • Direct and Convenient Transfer: Does the site enable direct and safe connections? Is it well connected to the street network? Do paths provide high visibility and shorter walks? • Legible: Does the option provide for legible wayfinding and intuitive navigation to, from, and within the site? Does the design reduce left over spaces, or confusing paths of travel? • Safe: Does the option prioritize ease of access by pedestrians, cyclists, and people experiencing disability? Does it reduce or mitigate conflicts? • Accessible: Does the option improve on traffic and other modes’ circulation and management needs, such as access to parking, station, or entertainment activities? • Enable Future Investments: Does the station option leave residual parcels of a size, geometry, and relative orientation to the station favorable for development? • Transit Oriented Uses: Is the location market-appropriate height and density permitted, or planned? Is there infrastructure to support it? Does the station location fit into City or stakeholder’s identified goals and priorities? • Employment: Will the project protect and enhance living-wage jobs and community anchors such as professional services, major institutions, or anchors? • Consistency with City Plans: Is the project consistent with the vision and goals of city and neighborhood planning documents? • Community Uses: Are there opportunities for community programs as associated with the project? • Environmental Challenges: Will the site have complicated or financially infeasible CEQA clearance issues? • Phasing: How will construction staging and surplus property be handled? • Economic Development Potential: Does the station location have potential to generate new economic activity? Can the City capture some of that value to support further investments? The evaluation process will help generate client and stakeholder understanding of the impacts of design choices at a high level, including the transit patron’s experience, accessibility, and the potential for place creation. We will also rely on visualization techniques that place the proposed station in context, especially at the conceptual phase. This will support project efficiencies by allowing the team to transition quickly from the technical design work to presentation of visuals and illustrations for stakeholders and the public, providing informal and effective communication with staff and stakeholder groups to support decision making. Our team will also focus on designating clear “rules of engagement” around the scope of the project. The rail station feasibility and rail infrastructure will benefit from third-party partnering and the ability to manage multi-disciplinary inputs required along the alignment. We will facilitate a process with this understanding in mind, helping the City and its stakeholders become immediately familiar with critical issues, prioritize resolution, and build consensus. Item 2F-89 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  17 Understanding the Context El Paseo District CODMonterey CorridorCook CorridorStation Location Options A key element of our work will be to understand the context, and the pros & cons of each of the candidate sites/ corridors to be evaluated. In order to maximize the “added-value” of the station siting, it will be important to “connect the dots” to maximize ridership for tourists and commuters to the growing college and university anchors in the City of Palm Desert. Item 2F-90 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  18 PetroleumPipeline SpanAccommodatesSiding DrainageChannel &OverheadPower Lines Existing Curb Drainage Outfall Existing Water Line Understanding the Context Item 2F-91 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  19 The evaluation phase will be followed by an engineering assessment of the proposed locations. Site conditions including but not limited to grades, drainage, utilities, access, and right-of-way will be investigated and conceptual designs showing track layout, station location, parking, and traffic circulation will be prepared. High-Resolution Orthomosaic with Contour Mapping From our experience with similar projects, recent high quality aerial photos are a very cost-effective approach for base mapping for a project of this nature. Kimley-Horn’s in-house aerial mapping system utilizes high-resolution drone images in combination with ground control points. The use of a real-time kinematic (RTK) GPS positioning with a cellular connection to the California Real Time Network (CRTN) provides decimal foot accuracy within minutes in the field and without the need to establish cost intensive survey networks. In preparation for this proposal, we conducted a drone survey of the Cook Street location on November 4, 2022. A total of 1,929 high resolution images were processed into a high precision to-scale orthomosaic image suitable for plan preparation. Using ESRI’S SITESCAN software, the field data will be processed into high-resolution orthomosaics. This approach provides significant cost savings and enabled our team to begin work on the development of the conceptual design. We will be ready to advance to a detailed design on day one. Our team is proposing to include a local value capture component, led by Kosmont Companies, to this study as a complement for state and federal grants as well as other funding sources for initial capital expenditures and operations and maintenance. Value capture mechanisms may likely take multiple forms, including the use of tax increment financing (TIF) and potentially the use of special tax or assessment mechanisms such as Mello-Roos Community Facilities Districts (CFD) or Assessment Districts (AD). Either or a combination of these mechanisms could and should be utilized to capture the increased property values (e.g., from new development) that will be catalyzed by essential transportation infrastructure, and to leverage this increased value to fund a portion of the initial capital investment and ongoing operating and maintenance expenditures. Apart from the significant direct funding that could likely be generated by something like a TIF/CFD financing strategy over 50+ year district lifetimes, these mechanisms typically additionally amplify a project’s competitiveness for complementary funding sources, such as state and federal grants. For example, several state grant programs have explicitly incorporated into their application scoring rubric additional points for jurisdictions seeking grant funding that have a TIF mechanism—such as an enhanced infrastructure financing district (EIFD)—in place. For the reasons stated above, countless cities, counties, transit agencies, and other public entities have evaluated and pursued such value capture mechanisms as a component of infrastructure funding and financing strategies. Kosmont has evaluated these special district mechanisms in over 50 jurisdictions across the state of California since the re-introduction of TIF districts in 2014 (following the dissolution of redevelopment agencies in California in 2012). Over 20 of these districts have been fully formed in California, with dozens of additional districts currently in the process of formation. Kosmont is assisting with the formation of most of these districts statewide. The recommended approach would involve mapping of alternative district boundary scenarios to capture the greatest amount of value creation upside while not depriving the public agency general funds from future property tax revenues that would have occurred without the catalytic infrastructure in place. Revenue contribution would then be evaluated in multiple scenarios (e.g., City alone/City + County, future increment contribution levels of 25/50/75%, duration of 20/30/40/50 years). Finally, our team would model different potential uses of the available funding capacity (e.g., issuing tax increment bonds, CFD bonds, reimbursement for private sector advances, local matches for grants, etc.). Beyond the initial evaluation and transaction structuring, this team is highly qualified to facilitate the actual implementation of the value capture strategy (e.g., drafting of required documentation, facilitating and presenting at required public hearings, required filings with County and State offices, preliminary underwriting of potential debt issuances). Community Outreach and Engagement In our four decades of practice designing transit systems, the team has developed an approach to help public sector clients respond to a growing set of expectations for transit facilities. Through workshops sessions outlined in the scope of work, we will support problem solving appropriate to the conceptual phase of station design and siting, while looking forward to the Tier 2 work. Item 2F-92 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  20 In addition to connecting existing communities, stations act as catalysts to enhance or change the development patterns of surrounding areas. We have found that linking design ideas to a set of value-based measures can help generate a smooth project process, and ground project decision-making in real technical parameters. The community engagement process will start with a set of design principles, which help to: • articulate values and support future funding and partnerships; • link community, stakeholder, and city goals and objectives to technical decision-making; • filter design choices and ensure that the most responsive initiatives are advanced; • and provide the basis for an ongoing and systematic approach to site/design alternatives. In preparation for engagement with project partners and the public, the team will hold appropriate pre-meetings with the City, develop presentation drafts and preview communication materials. The Community Engagement team will be led by Kate Howe and supported by Vaughan Davies. Kate has recently worked to adapt communities to rapid transit and dealing with issues of change, including on projects such as the Southeast Station Relocation project (Caltrain/CHSR) in San Francisco, the Southwest Corridor in Portland (TriMet MAX LRT), station siting for ST3 LRT stations in Seattle, and BART’s Ashby Station TOD program. She is also leading the Regional Network Management Business Case for the Bay Area’s Metropolitan Transportation Commission, including workshops with an advisory group made up of all 27 general managers within the region, Caltrans, and elected officials. She is well-suited to understand the challenges and perspectives of stakeholders—ranging from the public to City staff to agency implementors, with an appreciation of the different “drivers” or motivations of the different parties. Together, the Kimley-Horn team brings to the City significant experience working on projects from these various perspectives, and we understand balance between technical constraint, achieving public aspirations, and maintaining the revenue streams expected to take on new infrastructure requirements. The “right” solution is not always the optimum technical solution, but one that best responds to community context, vision, and values. The post-COVID-19 landscape also provides an array of challenges and opportunities. An increased focus on digital participation has improved accessibility for populations with time and transportation constraints. This has decreased barriers for younger participants, low- income community members, single parents, and those who work multiple jobs or non-traditional work schedules. However, this method has also highlighted a “digital divide,” revealing challenges for some populations—particularly seniors—who may not have “technical tools.” An equitable outreach strategy must take advantage of accessible engagement opportunities of both in-person and virtual participation. Our team also has the capacity to develop and disseminate digital informational tools such as videos, infographics, and electronic primers. Other tools that may be appropriate will be small group discussions on various video service, supported web hosting of key information, as well as other collaborative work tools for larger groups within a web-based application. The team will work with the City’s engagement team for appropriate strategies to surmount barriers to disadvantaged communities. These may include translation services, partnerships with local community- based organizations, and/or offering separate meetings to share the tools and discuss how community members can interact with the online tools. The team brings capacity to support online, interactive stakeholder meetings and other virtual engagement (surveys, data collection, web hosting). Virtual engagement can help gather crowdsourced ideas, and bring groups together including hard to reach community members. Scope of Services TASK 1. PROJECT INITIATION TASK 1.1 STAFF COORDINATION AND PROJECT KICK-OFF MEETING Kimley-Horn will schedule a kick-off meeting with City staff to discuss a refined workplan and schedule. The discussion will focus on the development of an outreach plan, project communication protocols, establishment of a stakeholder group, and project schedule. The proposed project schedule will be aggressive with the goal of having project material available for upcoming funding opportunities and RCTC planning activities. To keep the project moving according to schedule, the Kimley-Horn team also proposes bi-weekly project check in meetings with key project leadership to update on progress and to get consensus on project decision points. Kimley-Horn will maintain a project contact list for project team members and stakeholders to facilitate communications as needed. Deliverables: • Meeting Agenda • Participant List • Contact Sheet • Meeting Notes • Ongoing Action Item Matrix Item 2F-93 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  21 TASK 1.2 REVIEW AND ANALYZE EXISTING DOCUMENTS AND DATA The Kimley-Horn team will review City planning documents for specifically relevant components that could impact transit service, potential station accessibility, potentially conflicting projects or goals, and components that can be refined or accelerated to support station location options and overall station viability. Additional regional and state plans and regulations will also be reviewed to identify elements that need to be included in a successful Rail Station Feasibility Assessment. Additional data will be reviewed to support a needs assessment, documenting potential passenger demand and the ability of the site to meet that demand relative to other potential locations in the corridor. Deliverables: • Technical Memorandum: Literature Review and Needs Assessment • Matrix of Planning Elements that Support TASK 2. COMMUNITY OUTREACH & ENGAGEMENT TASK 2.1 COMMUNITY OUTREACH ACTION PLAN The Kimley-Horn team will develop a Community Engagement Action Plan at the outset of the project that lays out the schedule, timeline, format, and content needs for the two community-based meetings, the stakeholder meeting, and the transit provider meeting outlined in the Request for Proposal. Our team anticipates that there will be additional components needed to truly draw out the required input including one- on-one meetings with individual key stakeholders that may be reluctant to share their thoughts in a group setting. Our approach also includes a parallel virtual engagement effort. Since the beginning of the COVID-19 pandemic, attendance at physical workshops has been limited, while interest and participation in online forums has increased. All materials that are shared in person will be made available via a project website. Deliverables: • Community Engagement Action Plan »Two (2) Community Meetings »One (1) Stakeholder Meeting »One (1) Transit Provider Meeting • Project Website Template TASK 2.2 MEDIA OUTREACH: ANNOUNCEMENTS/FLYERS, DIRECT MAIL, PUBLIC SERVICE ANNOUNCEMENTS The Kimley-Horn team will provide the needed collateral and content to advertise and announce the project and public engagement activities. The team will work with City staff to assist in meeting information deadlines and that material is provided in a ready-to-use format. Deliverables: • Flyers and Webposts for: »Two (2) Community Meetings »Up to Two (2) Additional Project Announcements TASK 3. COMMUNITY-BASED, STAKEHOLDER, AND TRANSIT MEETINGS TASK 3.1 COMMUNITY-BASED MEETING #1 The Kimley-Horn team will work with City staff to host a public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on their preferences for station amenities, location, and access modes. The team will prepare a presentation outlining the project goals and existing conditions findings. The same material will be made available on the project website. Deliverables: • Meeting Agenda • Presentation • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments Item 2F-94 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  22 TASK 3.2 COMMUNITY-BASED MEETING #2 FOR GENERAL PUBLIC The Kimley-Horn team will work with City staff to host a second public meeting in the City of Palm Desert to introduce the project and collect feedback from the public on the proposed station site, preliminary station concepts, and proposed off-site elements that have been identified. The feedback received in this phase will be used to refine the station concept that will be used in the final study report. Deliverables: • Meeting Agenda • Presentation • Up to Five (5) Presentation Boards • Interactive Activity • Meeting Notes • Participant List • Event Photos • Summary of Comments TASK 3.3 MEETING #3 WITH STAKEHOLDERS AND TRANSIT PROVIDERS (CITY & CONSULTANT) The Kimley-Horn team will schedule two stakeholder meetings, one that is focused on transit providers, to establish station area needs and challenges that this study can help overcome. The team anticipates that this process will also include one-on-one pre-meetings with some larger stakeholders such as Kaiser Permanente and California State University, San Bernardino to get their input in a more private setting before engaging as a group as well as potential follow-up meetings with key stakeholders as the project progresses to obtain their continued support. We will meet with transit providers—particularly Metrolink, Sunline, and Amtrak—to understand their perspective on how a rail station in Palm Desert could both impact and support their operations. Depending on responsiveness, it may also be beneficial to provide alternative forums for input from the stakeholders such as a survey or focused discussions. Deliverables: • Meeting Agenda • Participant List • Comments and Summary • Photographs • Optional: Survey and Result Summary • Optional: Additional Focus Discussions TASK 4. PROJECT ANALYSIS AND DEVELOPMENT OF FEASIBILITY STUDY TASK 4.1 REVIEW AND INTEGRATION OF MOBILITY TECHNICAL REPORTS As a follow up to Task 1.2, Kimley-Horn will document the components of the existing plans that need to be incorporated into the Rail Station Feasibility Study. These would include reports such as the General Plan, Local Road Safety Plan, PD Link, and others. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Mobility Technical Reports to be included in Rail Station Feasibility Study TASK 4.2 REVIEW AND INTEGRATION OF COMPLETE STREETS PLAN As a follow up to Task 1.2, Kimley-Horn will document the components of the Complete Streets Plan. Planned projects, policies, and goals and objectives that are a good fit for this plan will be presented and summarized for incorporation. Deliverables: • Summary of Complete Streets Plan to be included in Multimodal Feasibility Study TASK 4.3 REVIEW AND INTEGRATION OF RCTC’S RAIL STUDY As a follow up to Task 1.2, Kimley-Horn will document the components of RCTC’s Rail Study. Goals and objectives of this plan will be used to support the selection of Palm Desert as the site for the proposed mid-valley station stop. The plan will also be used to inform stakeholder discussions with RCTC to help the project team best align the Palm Desert Plan with the information and elements needed by RCTC to select the preferred station site. Deliverables: • Summary of RCTC’s Rail Study to be included in Multimodal Feasibility Study Item 2F-95 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  23 TASK 4.4 EXISTING CONDITIONS The Kimley-Horn team will document the existing land use, transportation infrastructure, travel demand, transit ridership, mode split, and economic trends in the potential station areas to help establish a baseline ridership market and likely infrastructure needs to support a new rail station. Land Use The Kimley-Horn team will map and assess the existing study area land uses to determine how compatible they are with rail station operations, how likely there are to be economic benefits, what level of demand they might generate, and how much available land is available to accommodate station facilities and related elements such as parking, transit docks, bike parking, and other necessary elements. Roadway Circulation & Traffic Volumes The Kimley-Horn team will work with the City to acquire reasonably available existing traffic volumes and studies in the study area and will construct traffic models to identify where current congestion levels may impede local mobility and potential station accessibility. This analysis will also explore traffic safety as analyzed in the Local Road Safety Plan as well as the incorporation of newer crash information to identify existing and latent safety challenges that should be addressed as part of station development. The plan will also consider level of fitness and other health indicators that could be impacted by shifting more people to active transportation. Level of Service and Ridership The project team will review existing transit operations in the station area along with the potential ridership based on land use, origin destination patterns acquired from the LEHD and Replica, along with the currently available amenities at bus stops. The analysis will consider the elasticities of transit ridership and the potential for ridership gains that could come from enhanced service frequency, directness, branding and prestige, ancillary amenities, and enhanced reliability. The report will also explore the current VMT production of the area and how a rail station might contribute to VMT and greenhouse gas reduction. Travel Mode Kimley-Horn will use a blend of US Census, big data, and observational data to determine the current mode split for travelers in Palm Desert and the station areas. The analysis will use factors from NCHRP 552, the Bus Rapid Transit Practitioners Guide, and other sources to evaluate the likelihood of more people converting to transit, active transportation, or other modes from single-occupancy vehicles because of the proposed station and supportive local network improvements. Economic Trends The Kimley-Horn team will evaluate land uses and commercial activity to determine which ones are likely to benefit from a new rail station. The team will evaluate walk scores, level of traffic stress, and transit-oriented development factors to estimate potential gains in property values, increases in median income, and other benefits to lower income members of the community through improved mobility and accessibility. The economic factors will be developed such that they are consistent with guidance from USDOT and Caltrans grant programs to facilitate future funding requests. The existing conditions report will also include a demand analysis that will be used to determine the necessary size and component list needed for the proposed station. Deliverables: • Technical Memorandum: Existing Conditions Report • Rail Station Sizing and Necessary Elements List TASK 4.5 RAIL STATION FEASIBILITY The Kimley-Horn team will identify up to four potential station sites. For each, the available land will be quantified and current ownership identified. The screening will include a search for already approved development that might reduce the overall available land at the site. Kimley-Horn will provide high-precision orthomosaic image (aerial photo) as base mapping for the project areas. The orthomosaic images will be supplemented by 1’ contour mapping as depicted on the Project Overview Exhibit. County of Riverside GIS information will be used to show right of way delineation in our base mapping. Kimley-Horn will prepare an initial request for utility information, such as atlas sheets, mapping, or as-built plans. The initial request will include mapping of the project area showing the proposed construction. It is assumed that the City will mail the utility letters on City letterhead Item 2F-96 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  24 for better response. Utility records will be scanned and catalogued as they are received, and the information will be incorporated into the project base map. For each site, the team will prepare a conceptual layout that includes the required station elements. The concepts will be developed to a sufficient level to determine whether the site can accommodate a viable station. The team will develop a planning level cost estimate for each station site and be scored against a set of criteria that include: • Available Land • Existing Ownership, Zoning, and Land Use • Environmental Challenges • Potential Circulation Patterns • Multimodal Accessibility • Development Impacts • Community Support • Economic Viability • Site Visibility and Safety • Utility impacts The team will work with the City to develop a scoring matrix and then present the sites in ranked order based on their overall scores. The City will then select a preferred site for the final report. Deliverables: • Conceptual Design for Top Four Proposed Sites • Preliminary Cost Estimates • CEQA Fatal Flaw Review • Scoring Criteria • Score Card for Sites • Final Proposed Selected Site TASK 4.6 PRIORITIZATION OF PROJECT IMPLEMENTATION The Kimley-Horn team will itemize the off-site component projects needed for successful station development and operations. The team will identify the most effective order to develop those items to provide the most near-term benefit relative to the cost of implementation leading to full station development and operation. The result will be an itemized list of improvements ranked in order of need relative to cost. The actual implementation order may be impacted by available funding sources and grants. Deliverables: • Approved Prioritization Procedure • Ranked List of Projects TASK 4.7 DRAFT RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will use the findings of the prior tasks to develop a report that the City can use to advocate for a local train station, both by continuing to gather public support and by sharing the benefits with elected officials and partner agencies. The technical documents will be included as appendices to provide the supporting evidence for the findings presented in the main body of the report. The report will rely on infographics to portray the station benefits including mobility, equity, health, and environmental considerations. The report will include a next steps discussion outlining where the City needs to focus its efforts to continue moving the station concept forward. Deliverables: • Draft Rail Station Feasibility Study • Technical Appendices TASK 4.8 PRESENTATION OF DRAFT RAIL STATION FEASIBILITY STUDY The team will develop a presentation representing the information shared in the draft report and will conduct up to ten presentations to the identified stakeholders: City staff, City Council, Riverside County Transportation Commission (RCTC), Coachella Valley Association of Governments (CVAG), Amtrak, SunLine Transit Agency, and Caltrans. The presentations will be open to the public. The team will work with City staff to make any necessary revisions to the plan based on feedback received. Deliverables: • Presentation Deck • Meeting Agendas • Participation Lists • Comments • List of Next Steps Item 2F-97 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  25 TASK 4.9 FINAL RAIL STATION FEASIBILITY STUDY The Kimley-Horn team will incorporate comments and City feedback into the draft report to finalize the document and prepare it for City approval. The project team will update the draft report presentation and present the final report to City Council with the invited attendance of RCTC and Caltrans. Deliverables: • Final Rail Station Feasibility Study • Updated Presentation Deck TASK 5. RAIL STATION FEASIBILITY FUNDING The Kimley-Horn team will identify a variety of upcoming grants and funding sources that can be paired with the list of project components identified in the project list. These will include programs that the City can pursue independently, and those that it might partner with RCTC or other partner agencies for enhanced probability of success. Kosmont will identify and evaluate several forms of value capture funding and financing mechanisms. Initial emphasis is anticipated to be placed on tax increment financing (TIF) districts such as enhanced infrastructure financing districts (EIFD), Mello-Roos Community Facilities District (CFD) financing, and related complementary sources. Based on initial research and discussion with City staff regarding the preferred mechanisms, Kosmont will evaluate key strategic and implementation considerations, including: • Property/land ownership and planned/proposed/potential future development (based on information to be provided by the City) • Infrastructure needs and estimated costs (to be provided by the City/Consultant Team) • Potential public and private sector partners (e.g., City, County of Riverside, other affected taxing entities, developers/property owners) • Disadvantaged Community (DAC) census tract designation • Overlap with former Redevelopment Agency Project Area boundaries and status of redevelopment dissolution (e.g., Finding of Completion from Department of Finance) Kosmont will prepare a preliminary funding and financing analysis, including preliminary tax increment and/or special tax analysis, as appropriate, reflecting potential future development and potential public and private sector partners. The analysis will identify: • Potential assessed value generation from future development in the district • Property tax increment and special tax funding capacity at select annual benchmarks and cumulatively over the estimated district lifetime(s) • Initial estimates of potential bonding capacity (to be prepared by Kosmont Financial Services, registered Municipal Advisor) • Complementary economic development tools and funding resources (e.g., grants, Development Opportunity Reserve (D.O.R.)® zoning incentives) • Comparison of potential revenue generation to types and cost of infrastructure needed to serve the development • As related to potential overlap of proposed district boundaries with former redevelopment agency project areas, analysis of corresponding relevant outstanding enforceable obligations and implications on available revenues Based on the preferred tool(s) identified by the City based on previous task findings, Kosmont will evaluate and summarize feasible governance and implementation alternatives, including district governing board composition, voting/approval procedures, district formation milestones, debt issuance procedures, and estimated timing, in order to provide potential public and private sector stakeholders with an illustrative “roadmap” for implementation. Kosmont will work with City staff and other members of the consultant team to coordinate a meeting/workshop with key community stakeholders, such as City Council, City staff, residents, property owners, and local developers. Kosmont will prepare and present an overview of relevant funding and financing tools. The workshop presentation will include a summary of preliminary feasibility analysis findings, as well as recent case studies of successful implementation of relevant tools in other communities. Kosmont will make itself available for additional meetings on an hourly, time-and-materials basis. Deliverables: • List of Funding and Grants Paired with Project Needs Item 2F-98 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  26 Proposed Additional Tasks Renderings/Visualization Photo-realistic renderings are the best way to share ideas, and they almost always result in a positive outcome or direct feedback and input from your target audience. You’re more likely to get project approvals when using 3D renderings. Your branding and marketing campaigns will be more effective with 3d architecture visualization. The Kimley-Horn team will develop 3-D renderings of the proposed station and surrounding infrastructure and developments. The 3-D renderings will virtually visualize the building structure and surrounding area. Deliverables: • 3-D rendering in digital format Additional Off-Site Transportation Improvements After selection of the locally preferred site, Kimley-Horn will identify off-site transportation network improvements including roadway connectivity, transit routing, bicycle infrastructure and pedestrian barriers that can be addressed to better integrate the proposed rail station with the rest of the City and region. This would build off of the work completed as part of the station location screening. Deliverables: • Inventory of transportation needs and project with planning level cost estimates Video A custom animated video is second to none to get your audience attention and to demonstrate all features of the proposed station in a very effective way. Kimley-Horn recently helped SANDAG to develop a video presentation for the Voigt transportation center. You can check the video by opening the following link: Voigt Drive Station Mobility Hub - YouTube The Kimley-Horn team will develop a video presentation of the proposed facilities demonstrating all project features and multi-modal elements. Deliverables: • Video presentation digital format Additional Presentations and Outreach Once the final presentation has been delivered, the Kimley-Horn team can remain available for additional presentations or community consultations as the City implements the prioritization and funding programs. These services can be provided on an as-needed basis. Deliverables: • Updated presentation decks • Participation at meetings • Meeting notes and agendas Schedule Please view the following page for our draft project schedule, which identifies tasks, milestones, and deliverables. It is our intent to review this schedule with the City at the start of the project and make any desired adjustments and track the project work as a progress schedule by providing regular updates. Item 2F-99 RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  27 2-Jan 16-Jan 30-Jan 13-Feb 27-Feb 13-Mar 27-Mar 10-Apr 24-Apr 8-May 22-May 5-Jun 19-Jun 3-Jul 17-Jul 31-Jul 14-Aug 28-Aug 11-Sep 25-Sep 9-Oct 23-Oct 6-Nov Task 1 1.1 1.2 Task 2 2.1 2.2 Task 3 3.1 3.2 3.3 Task 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Task 5 5.1 Identify Grant Funding Programs Project Analysis and Development of Feasibility Study Review and Integration of Mobility Technical Report Review and Integration of Complete Streets Plan Review and Integration of RCTC's Rail Study Existing Conditions Rail Station Feasibility Prioritization of Project Implementation Draft Rail Station Feasibility Study Presentation Rail Station Feasibility Study Final Rail Station Feasibility Study Rail Station Feasibility Funding Community Outreach & Engagement Community Outreach Action Plan Media Outreach Community-Based, Stakeholder, and Transit Meetings Community Based Meeting #1 Community-Based Meeting #2 for General Public Stakeholders and Transit Providers Meeting #3 Project Initiation Staff Coordination and Project Kick Off Review and Analyze Existing Documents and Data Project Schedule Item 2F-100 Darryl dePencier Contact Darryl.DePencier@kimley-horn.com | 213.261.4039 45-025 Manitou Drive, Suite 11 Indian Wells, CA 92210 The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc., protected under U.S. copyright law. Copyright © 2022 Kimley-Horn and Associates, Inc. Item 2F-101 45-025 Manitou Drive Suite 11 Indian Wells, CA 92210 TEL 760.565.5103 FEE PROPOSAL November 11, 2022 City of Palm Desert Eric Ceja, Director of Economic Development/Public Affairs Department of Economic Development 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Proposal for Rail Station Feasibility Study (RFP #2022-REQ-149) Dear Mr. Ceja and Members of the Selection Committee: This fee proposal represents the tasks and hours required to complete the subject project as outlined by the City in this solicitation. Although comprehensive and considered to be absolutely responsive, the Kimley-Horn team is open to discussion should the identified scope of services or level of effort require modifications. This proposed fee is built on a comprehensive scope of services that is “full service” to the City. From the start of the project, we will be the City’s partner. Our fee is broken down as follows: • Task 1 - Project Initiation - $36,742.00 • Task 2 - Community Outreach & Engagement - $20,862.00 • Task 3 - Community-Based, Stakeholder, and Transit Meetings - $64,732.00 • Task 4 - Project Analysis and Development - $295,446.00 • Task 5 - Rail Station Feasibility Funding - $78,682.00 Total Lump Sum Fee, Not-to-Exceed - $496,464.00 • Task O1 – Additional Renders for Preferred Site - $36,390.00 • Task O2 – Additional Off-Site Transportation Improvements Planning - $38,260.00 • Task O3 – Fly Over Video of Final Site Concept - $49,653.00 • Task O4 – Additional Presentations and Outreach - Time and Materials Thank you for your consideration of our proposal. We look forward to continuing our partnership as the City’s consultant for this project. Please reach out to our project manager directly if you have any questions at 213.261.4039 or darryl.depencier@kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Darryl dePencier, AICP, GISP, RSP2B Jean Fares, P.E.* Project Manager/Associate Principal-in-Charge/Senior Vice President *Jean Fares is authorized to negotiate agreement terms and compensation on behalf of Kimley-Horn and contractually obligate the firm. He can be contacted by email at jean.fares@kimley-horn.com, by phone at 213.354.9402, or by mail at 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017. RFP #2022-REQ-149Proposal for Rail Station Feasibility Study City of Palm Desert  TRTP96034.2022  1Item 2F-102 kimley-horn.com 660 South Figueroa Steet, Suite 2050, Los Angeles, CA 90017 213-261-4040 BR00PUSTD.A.001 Kimley-Horn and Associates, Inc. ____________________________________ Hourly Labor Rate Schedule Classification Rate Analyst I $120 - $170 Analyst II $160 - $220 Professional $190 - $250 Senior Professional I $240 - $330 Senior Professional II $320 - $400 Senior Technical Support $110 - $290 Technical Support $95 - $160 Support Staff $80 - $150 Effective Contract Start Date through June 30th 2024 Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract Item 2F-103 PERKINSEASTMAN.COM SCHEDULE OF STANDARD CHARGES (As of October 1, 2022) 1.0 Perkins Eastman Architects, DPC, as agreed, will provide its services on an hourly basis for all hours worked by its personnel and will invoice at a fixed rate for the category to which an individual is assigned to the project. 2.0 The current hourly rates for the categories of personnel are listed below. Rates are adjusted annually to reflect increases to employees’ salaries. Title Hourly Rate Principal $213.00 – $420.00 Project Manager $170.00 – $260.00 Senior Architect $183.00 – $260.00 Intermediate Architect $120.00 – $170.00 Junior Architect $73.00 – $120.00 Senior Designer $183.00 – $260.00 Intermediate Designer $120.00 – $170.00 Junior Designer $73.00 – $120.00 CADD/BIM $100.00 – $150.00 LEED AP $120.00 - $183.00 Administrative Support $73.00 – $120.00 3.0 Services of consultants, if required, will be billed at a multiple of 1.10 times the amount billed to the Architect for such services. Consultants will only be engaged when authorized by the Owner. 4.0 Reimbursable expenses, as described below, will be billed at a multiple of 1.10 times the expenses incurred by the Architect, the Architect’s employees, and consultants in the interest of the project. Reimbursable expenses consist of all non-salary expenses directly related to the project, such as: 1. Expense of transportation in connection with the project. 2. Fees paid for securing approval of authorities having jurisdiction over the project. 3. Reproductions of all drawings, specifications, and other documents. 4. Long-distance communications. 5. Computer plotting (no charges for computer time or computer drafting). 6. Postage, delivery services, and electronic facsimile transmissions. 7. Professional and/or presentation quality models or renderings, if requested by the Owner. 8. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the owner in excess of that normally carried by the Architects. 5.0 The Architect will generally submit invoices monthly for services performed and reimbursables incurred during the prior month. 6.0 Please make checks payable to Perkins Eastman Architects, DPC and forward them to 115 Fifth Avenue, New York, NY 10003. Payments will be due the Architect upon presentation of the invoice, and if unpaid after 30 days from the date of the invoice, the outstanding amount shall bear interest at the rate of 1.5% per month from the due date. 7.0 Should the Owner’s failure to make payments in accordance with this agreement cause the Architect to pursue collection means, the Architect shall be entitled to reimbursement of all costs actually incurred by it in collecting overdue accounts including, without limitation, reasonable legal fees. Item 2F-104 Professional Services Chairman &CEO $395.00 /hour President $365.00 /hour Senior Vice President/Senior Advisor $325.00 /hour Vice President $225.00 /hour Senior Project Analyst $195.00 /hour Project Analyst/Project Research $165.00 /hour Assistant Project Analyst/Assistant Project Manager $125.00 /hour Project Promotion/Graphics/GIS Mapping Services $95.00 /hour Clerical Support $70.00 /hour Additional Expenses In addition to professional services (labor fees): 1)An administrative fee for in-house copy,fax,phone,postage costs,digital/technological support and related administrative expenses will be charged,which will be computed at four percent (4.0 %)of monthly Kosmont Companies professional service fees incurred;plus 2)Out-of-pocket expenditures,such as travel and mileage,professional printing,and delivery charges for messenger and overnight packages will be charged at cost. 3)Project/Market data sources for support of evaluation and analysis e.g.,ESRI,Placer.ai,CoStar/STR,IMPLAN and other based on quoted projectcost. 4)If Kosmont retains Third Party Vendor(s)for Client (with Client’s advance approval),fees and cost will be billed to Client at 1.1X (times)fees and costs . 5)Consultant’s attendance or participation at any public meeting,whether such participation is in person, digital,video and/or telephonic (e .g.,City Council,Planning Commission,Public Agency Board,other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly)fees as shownon this on this rate sheet. Charges for Court/Deposition/Expert Witness-Related AppearancesCourt-related (non -preparation)activities,such as court appearances,depositions,mediation,arbitration, dispute resolution and other expert witness activities,will be charged at a court rate of 1.5 times scheduled rates,with a4-hour minimum. Ratesshall remain in effect until December 31,2022. KOSMONT COMPANIES 1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1070 www.kosmont.com 7 HOURLY RATES KOSMONT COMPANIES CITY OF PALM DESERT Rail Station Feasibility –Sub to Kimley Horn Item 2F-105 [This Page Intentionally Left Blank] Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Vanessa Mager, Management Analyst REQUEST: RESCIND RESOLUTION NO. 2018-89 AND ADOPT A RESOLUTION REVISING TAXATION RATES FOR CANNABIS BUSINESSES OPERATING WITHIN THE CITY OF PALM DESERT RECOMMENDATION: Rescind Resolution 2018-89 and adopt a Resolution revising tax rates for cannabis businesses operating within the City of Palm Desert. BACKGROUND/ANALYSIS: In the November 2018 General Municipal Election voters approved Measure Q, an initiative to tax certain cannabis businesses in the City of Palm Desert (“City”). On December 13, 2018, the City Council passed a resolution establishing the tax rates as approved by voters. The measure, approved by voters, established maximum limits for taxation of certain cannabis businesses and Resolution 2018-89 set tax rates for retail, manufacturing, and cultivation cannabis businesses. Those limits were established based on the unknown community impacts associated with the new industry, and at rates that closely matched other Coachella Valley cities cannabis tax rates. To assist during the Pandemic, in June 2021, the City Council approved a tax rebate program to help mitigate the hardships that Palm Desert cannabis businesses were reporting. In October 2022, staff presented the city-produced “State of the Cannabis Industry Report,” which highlighted challenges facing the cannabis industry, including a change in cannabis taxes at the State level, and continued exploration by other cities to lower their cannabis tax rate. The report also showed a 25% decline in cannabis sales in Palm Desert, and new cannabis retail businesses in Indio and Riverside County that would further erode Palm Desert’s market share. Based on the report, and testimony from existing cannabis retailers, the City Council directed staff to work with the City’s cannabis businesses and the Economic Development subcommittee to explore a potential tax rate reduction. At their January 25, 2023, Study Session, the City Council at Cathedral City considered a proposal to revise their cannabis tax rates to 5% for retail, $10/sq. ft. for cultivation, and 5% for manufacturing. The City Council supported a reduction in the tax rates and directed staff to bring a formal recommendation to be considered for vote on at the February 22, 2023, regular City Council meeting. City of Palm Desert Cannabis Tax Rates Item 2G-1 City of Palm Desert Rescind Cannabis Resolution 2018-89 and Adopt Resolution 2023-xxx Page 2 of 4 Business Type Max. amount allowed under Measure Q Adopted Rates Proposed Rate Cultivation $20 per square foot $13 per square foot $10 per square foot Manufacturer 3% of gross receipts 2% of gross receipts 2% of gross receipts Retail and Delivery 15% of gross receipts 10% of gross receipts 5% of gross receipts Research & Testing No Tax No Tax No Tax Strategic Plan: • Economic Development – Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.” Subcommittee Recommendation: The Economic Development Subcommittee met on Thursday, February 2, 2023, to consider concerns relating to the current tax rates for retail and delivery cannabis businesses. This discussion was prompted by the anticipated decrease in cannabis taxes assessed by Cathedral City. With a neighboring city lowering taxes, Palm Desert has the potential of losing its current cannabis businesses. The subcommittee also discussed reasons for the initial 2018 tax rates, with one being the unknown effects on public safety. As of today, the determination is that there have been no direct public safety impacts identified as a result of the Palm Desert cannabis industry. The subcommittee recommended a decrease in cultivation taxes from $13 to $10 per square foot, as well as a decrease for retail and delivery taxes from 10% of gross receipts to 5% of gross receipts. The proposed change will better align the City with other cities in the Coachella Valley, as well as changes we are seeing across the State. Current Coachella Valley Cannabis Tax Rates City Retail Rate as % of Gross Receipts Cultivation Tax Calculations Mfg Tax Calculation Research & Testing Cathedral City 10% $15/sq. ft. $0.05/ Crude gram $0.10/Distillate gram $0.03 to $.05 per piece Zero Coachella 6% In 2023 3% of Gross Receipts. In 2024: 2% of Gross Receipts 2% on Gross Receipts Zero Desert Hot Springs 10% 10.20/sq. ft. Zero Zero Item 2G-2 City of Palm Desert Rescind Cannabis Resolution 2018-89 and Adopt Resolution 2023-xxx Page 3 of 4 Indio Eval 5% or 6% Not allowed Not allowed Not allowed Palm Springs 10% $10/ sq. ft. 2% on Gross Receipts Zero FINANCIAL IMPACT: Implementation of the new proposed tax rate as of March 1, 2023, is estimated to decrease FY 2022-23 revenue by approximately an additional $500,000. Business Type Est. 22/23 Revenue at current rates Est. 23/24 Revenue at proposed rate Anticipated Change- Cultivation $26,000 $20,020 23% Manufacturer $1,000 $1,000 No change Retail and Delivery $2,400,000 $ 1,200,000 50% Research & Testing No Tax No Tax No change TOTAL $2,427,000 $1,221,020 50.3% These estimates are based on current year to date information from FY 2023. These changes do ultimately impact the transfer to the General Fund. REVIEWED BY: Department Director: Eric Ceja City Attorney: Robert W. Hargreaves, Best, Best & Krieger, LLP Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resolution Item 2G-3 RESOLUTION NO. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING CANNABIS BUSINESS TAX RATES WHEREAS, on October 26, 2017, the Palm Desert City Council (“City Council”) of Palm Desert ("City") approved Ordinance No. 1329 allowing for commercial cannabis related land-uses including cultivation, manufacturing, testing and research, distribution, delivery, and retail sales of cannabis within the City; and WHEREAS, on December 13, 2018, the City Council at a regularly held City Council meeting adopted Resolution No. 2018-61 calling for the placement of a General Tax Measure on the ballot for the November 6, 2018, General Municipal Election for the submission to qualified voters of a proposed ordinance establishing a tax on cannabis businesses operating within the City of Palm Desert (“Cannabis Tax Measure”); and WHEREAS, the Cannabis Tax Measure passed by a majority vote of the People on November 6, 2018; and WHEREAS, the Cannabis Tax Measure added Chapter 3.50 Cannabis Business Tax to the City of Palm Desert Municipal Code (“Municipal Code”); and WHEREAS, Municipal Code Chapter 3.50 provides that tax rates can be set at a maximum of (1) twenty dollars ($20) per square foot of space utilized in connection with cannabis cultivation business, (2) three ($0.03) cents for each one dollar ($1) of gross receipts, or a fractional part thereof, for cannabis manufacturing businesses, and (3) fifteen ($0.15) cents for each one dollar ($1) of gross receipts, or a fractional part thereof for cannabis retail businesses; and WHEREAS, as allowed by Proposition 218, Municipal Code Chapter 3.50 further provides that the City Council may impose the tax detailed above at a lower rate without a vote of the People; and WHEREAS, at the regularly held City Council meeting on December 13, 2018, the City Council adopted the tax rates at (1) thirteen dollars ($13) per square foot of space utilized in connection with cannabis cultivation businesses, (2) two ($0.02) cents for each dollar ($1) of gross receipts for cannabis manufacturing businesses, and (3) ten ($0.10) cents for each dollar ($1) of gross receipts for cannabis retail businesses; and WHEREAS, at the regularly held City Council meeting on December 13, 2018, the City Council agreed to set Initial cannabis business tax rates by adoption of Resolution 2018-61 in the event the Cannabis Tax Measure passed; and WHEREAS, at the regularly scheduled City Council meeting held on December 13, 2018, City Council adopted Ordinance 1339 incorporating tax rates for Cannabis Businesses." or something to that effect. Item 2G-4 Resolution No. 2023-___ Page 2 WHEREAS, the City Council now wishes to revise the adopted tax rates for cannabis businesses operating within the City by Resolution. WHEREAS, over the last two years the cannabis industry has seen a decrease in sales due to over saturation; and WHEREAS, cannabis operators in the City have voiced their concern and have advocated for a decrease in City tax rates, as these are in addition to the excise tax rates already set and approved by State of California; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Cannabis Business Tax Rates. Pursuant to Section 3.50.030 and 3.50.050 of the Municipal Code, the City Council of the City of Palm Desert hereby sets the tax rates for cannabis businesses as follows: A. Ten dollars ($10) per square foot of space utilized in connection with cannabis cultivation businesses. B. Two ($0.02) cents for each $1.00 of gross receipts for cannabis manufacturing businesses; and C. Five ($0.05) cents for each $1.00 of gross receipts for cannabis retail businesses. SECTION 3. CEQA. The City Council hereby finds and determines that this Resolution relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, Section 15378(b)(5). SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 5. Effective Date of Resolution. This Resolution shall take effect March 1, 2023. ADOPTED ON FEBRUARY 16, 2023. Item 2G-5 Resolution No. 2023-___ Page 3 KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on February 16, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on _____________________. ANTHONY J. MEJIA CITY CLERK Item 2G-6 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: February 16, 2023 PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst REQUEST: RECEIVE PUBLIC COMMENTS REGARDING THE DEVELOPMENT OF THE FIVE-YEAR CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS PLAN YEAR 2023-2028, INCLUDING PROGRAM YEAR 2023-2024 ANNUAL ACTION PLAN AND THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECOMMENDATION: Open the public hearing and receive comments regarding the development of the Five-Year Consolidated Plan and Analysis of Impediments Plan Year 2023-2028, including Program Year 2023-2024 Annual Action Plan and the Community Development Block Grant (CDBG) Program. HUD is expected to provide the City with its annual entitlement allocation in April 2023. The City expects to receive approximately $390,000 for 2023-2024. BACKGROUND/ANALYSIS: The U.S. Department of Housing and Urban Development (HUD) administers the CDBG Program to assist jurisdictions in addressing the needs of low and moderate-income people. As a requirement of the City’s Citizen Participation Plan, the City Council must hold a public hearing to receive comments regarding the development of the Consolidated Plan and Analysis of Impediments, including the Annual Action Plan and CDBG Program. The City allocates CDBG funds toward the categories of public services, public facilities and improvements and, administration. Five-Year Consolidated Plan On May 10, 2018, the City Council approved the City’s CDBG Five-Year Consolidated Plan 2018-2023. In order to qualify and receive CDBG funding, the participating jurisdictions must comply with the regulatory requirements and submit reports to HUD, including the Consolidated Plan, a five-year planning document and the Annual Action Plan. The Consolidated Plan identifies specific Housing and Community Development needs, priorities, goals, and strategies. The Consolidated Plan must also stipulate how CDBG funding will be allocated to address these stated housing and community development needs for the jurisdiction. The purpose of the Annual Action Plan is to review and update those assessments presented in the Consolidated Plan; to inventory resources that will be available during a given program year (fiscal year); and to identify the specific actions that will be taken in that program year to meet the jurisdiction’s Housing and Community Development needs, and to implement the strategies set forth in the Consolidated Plan. The City’s Consolidated Plan identifies goals for the CDBG program administered by the City. The goals are to provide decent housing, a suitable living environment for the City’s low- and moderate-income residents, and economic opportunities for low-moderate income residents. In Item 3A-1 City of Palm Desert Hearing for CDBG Five-Year Consolidated Plan and Action Plan, 2023-2028 Page 2 of 3 order to strive to meet these goals, the City solicited applications from outside agencies that conduct housing and community development activities. The projects and/or programs considered for award of CDBG funding must meet one of the following three national objectives as identified by HUD: 1) to benefit low- and moderate-income persons (51% or more must be low income); 2) to aid in the prevention of or elimination of slum or blight; or 3) to meet an urgent need such as a natural disaster. The City’s Analysis of Impediments provides a detailed look into the fair housing environment in Palm Desert. More specifically, this document includes an analysis of local factors that may impact fair housing choice, the identification of specific impediments to fair housing choice, and a plan to address those impediments. As part of its ongoing responsibilities as a recipient of HUD funds, the City of Palm Desert must also continuously assure equal access to services and programs it provides or assists in the community. Citizen Participation Process and Consultation Process A community development survey was used to help establish priorities for the City by gathering feedback on the level of need for housing and community development categories. The survey was launched via Survey Monkey on the City’s website and Facebook page. The survey was open from January 2, 2023 through January 31, 2023. A total of 44 responses were collected (Attachment 1). Based on the responses and other findings outside of the survey, a Community Data sheet (Attachment 2) was created. This Community Data will be attached in the City’s Analysis of Impediments. Additionally, consultation with local and regional agencies is currently underway. These consultations are an important element in the process of the development of the plan to assist in determining areas of need, or gaps in services provided by health services, social services, the County of Riverside Continuum of Care, public housing agencies and Fair Housing. Input on housing, services to the frail/elderly, persons with disabilities (including HIV/AIDS), substance abuse, homelessness, and/or individuals with low to moderate income was obtained through phone interviews, and written communications. Allowable Uses of CDBG Funding Public Services Public services include staffing and other operational costs for services to address the needs of low and moderate-income people. This category is restricted to 15% of the CDBG allocation. Based upon the City’s prior CDBG allocation, 15% is approximately $52,200. Public Facilities and Improvements Public facilities and improvements include construction projects to improve neighborhoods and community facilities to benefit low- and moderate-income people. This funding category does not have restrictions (unlike public services and administration). Once taking into consideration public services and administration, there is approximately $260,000 available for public facilities and improvements. Administration Item 3A-2 City of Palm Desert Hearing for CDBG Five-Year Consolidated Plan and Action Plan, 2023-2028 Page 3 of 3 Administration includes staffing costs to administer the CDBG program. This category is restricted to 20% of the CDBG allocation. Based upon the city's prior CDBG allocation, 20% is approximately $78,000. FINANCIAL IMPACT: There is no fiscal impact associated with this request. ATTACHMENTS 1. Data Collected 2. Community Data REVIEWED BY: Department Director: Veronica Chavez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 3A-3 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 1 / 33 Q1 What is your involvement in the City? Answered: 44 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% 0-3 Years 4-7 Years 8-10 Years Over 10 Ye … N/A I am a city resident I own or work for a busine... I represent a housing agen... Item 3A-4 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 2 / 33 22.73% 10 11.36% 5 9.09% 4 54.55% 24 2.27% 1 44 15.79% 6 2.63% 1 10.53% 4 23.68% 9 47.37% 18 38 2.70% 1 0.00% 0 0.00% 0 0.00% 0 97.30% 36 37 0-3 YEARS 4-7 YEARS 8-10 YEARS OVER 10 YEARS N/A TOTAL I am a city resident I own or work for a business in the city I represent a housing agency, social service agency, a non-profit Item 3A-5 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 3 / 33 22.73%10 75.00%33 2.27%1 0.00%0 Q2 How do you identify? Answered: 44 Skipped: 0 TOTAL 44 0%10%20%30%40%50%60%70%80%90%100% Male Female Prefer not to say Other (please specify how ... ANSWER CHOICES RESPONSES Male Female Prefer not to say Other (please specify how you identify below) Item 3A-6 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 4 / 33 22.73%10 75.00%33 2.27%1 Q3 Do you have one or more conditions subject to the Americans with Disabilities Act (ADA)? Answered: 44 Skipped: 0 TOTAL 44 0%10%20%30%40%50%60%70%80%90%100% Yes No Prefer not to say ANSWER CHOICES RESPONSES Yes No Prefer not to say Item 3A-7 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 5 / 33 2.27%1 6.82%3 27.27%12 11.36%5 29.55%13 20.45%9 0.00%0 2.27%1 Q4 How old are you? Please check one. Answered: 44 Skipped: 0 Total Respondents: 44 0%10%20%30%40%50%60%70%80%90%100% 18-24 25-34 35-44 45-54 55-64 65-80 80+ Prefer not to say ANSWER CHOICES RESPONSES 18-24 25-34 35-44 45-54 55-64 65-80 80+ Prefer not to say Item 3A-8 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 6 / 33 0.00%0 6.82%3 38.64%17 13.64%6 15.91%7 20.45%9 4.55%2 Q5 How many years of education have you completed? Answered: 44 Skipped: 0 TOTAL 44 0%10%20%30%40%50%60%70%80%90%100% Less than 12 years Completed high school Some college/ trade school Associate degree 4-year college degree Graduate education Prefer not to say ANSWER CHOICES RESPONSES Less than 12 years Completed high school Some college/ trade school Associate degree 4-year college degree Graduate education Prefer not to say Item 3A-9 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 7 / 33 75.00%33 2.27%1 15.91%7 2.27%1 0.00%0 0.00%0 6.82%3 Q6 What is your race/ethnicity (choose all that apply) Answered: 44 Skipped: 0 Total Respondents: 44 0%10%20%30%40%50%60%70%80%90%100% White or Caucasian Black or African... Hispanic or Latino Asian or Asian American American Indian or... Native Hawaiian or... Prefer not to say ANSWER CHOICES RESPONSES White or Caucasian Black or African American Hispanic or Latino Asian or Asian American American Indian or Alaska Native Native Hawaiian or other Pacific Islander Prefer not to say Item 3A-10 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 8 / 33 Q7 Are you a homeowner or a renter? (Optional) Answered: 43 Skipped: 1 36.00% 9 8.00% 2 12.00% 3 44.00% 11 25 3.20 20.00% 4 25.00% 5 25.00% 5 30.00% 6 20 4.40 50.00% 2 0.00% 0 0.00% 0 50.00% 2 4 2.50 0%10%20%30%40%50%60%70%80%90%100% 0-3 years 4-7 years 8-10 years Over 10 yea … Homeowner Renter Prefer not to say 0-3 YEARS 4-7 YEARS 8-10 YEARS OVER 10 YEARS TOTAL WEIGHTED AVERAGE Homeowner Renter Prefer not to say Item 3A-11 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 9 / 33 Q8 Please choose the top three housing programs that you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan cycle.*Supportive housing assists homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible.** Low-barrier housing is housing where a minimum number of expectations are placed on people who wish to live there. The aim is to have as few barriers as possible to allow more people access to services. Answered: 36 Skipped: 8 Item 3A-12 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 10 / 33 0%10%20%30%40%50%60%70%80%90%100% Homeowner Housing... Housing Accessibilit... American Disability A... Affordable Rental Housi... Senior Housing ... Housing for the Disabled Lead-Based Paint... Rehabilitation of Apartment... Energy Efficiency... Housing Code Enforcement Down Payment Assistance... Supportive Housing* Low-barrier Housing** Other (please specify) Item 3A-13 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 11 / 33 13.89%5 11.11%4 8.33%3 69.44%25 38.89%14 16.67%6 5.56%2 8.33%3 41.67%15 16.67%6 27.78%10 27.78%10 27.78%10 8.33%3 Total Respondents: 36 ANSWER CHOICES RESPONSES Homeowner Housing Rehabilitation Housing Accessibility Improvements American Disability Act (ADA) Improvements Affordable Rental Housing Senior Housing Housing for the Disabled Lead-Based Paint Test/Abatement Rehabilitation of Apartment Buildings Energy Efficiency Improvements Housing Code Enforcement Down Payment Assistance Supportive Housing* Low-barrier Housing** Other (please specify) Item 3A-14 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 12 / 33 42.86%15 57.14%20 Q9 Is affordable housing available to you and your family? Answered: 35 Skipped: 9 TOTAL 35 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No Item 3A-15 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 13 / 33 Q10 If affordable housing is not available to you and your family, can you please comment below on why not? Answered: 18 Skipped: 26 Item 3A-16 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 14 / 33 19.44%7 2.78%1 5.56%2 8.33%3 41.67%15 5.56%2 16.67%6 Q11 Have you or someone you know ever encountered any of the forms of housing discrimination described above? Answered: 36 Skipped: 8 TOTAL 36 0%10%20%30%40%50%60%70%80%90%100% Yes, I have I think I may have I haven't, but someone I kn... I haven't, but I think I ma... I'm not sure Prefer not to say Other (please specify) ANSWER CHOICES RESPONSES Yes, I have I think I may have I haven't, but someone I know has I haven't, but I think I may know someone who may have I'm not sure Prefer not to say Other (please specify) Item 3A-17 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 15 / 33 33.33%12 22.22%8 2.78%1 13.89%5 27.78%10 0.00%0 Q12 Do you believe housing discrimination occurs in the City? Answered: 36 Skipped: 8 TOTAL 36 0%10%20%30%40%50%60%70%80%90%100% Yes Likely Unlikely No Don't know Prefer not to say ANSWER CHOICES RESPONSES Yes Likely Unlikely No Don't know Prefer not to say Item 3A-18 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 16 / 33 36.36%12 9.09%3 12.12%4 27.27%9 6.06%2 12.12%4 30.30%10 24.24%8 15.15%5 Q13 If you think housing discrimination is occurring, what types of discrimination do you think are most prevalent? (Please select all that apply). Answered: 33 Skipped: 11 Total Respondents: 33 0%10%20%30%40%50%60%70%80%90%100% Race/Ethnicity Religion... Sexual Orientation Pregnant or Having Child... Age Marital Status National Origin/Ances... Criminal History/Reco... None, I do not think there ... Other (please specify) ANSWER CHOICES RESPONSES Race/Ethnicity Religion Disability Sexual Orientation Pregnant or Having Children Sex/Gender Age Marital Status National Origin/Ancestry Family Status Criminal History/Record Source of Income None, I do not think there is any housing discrimination in the City Other (please specify) Item 3A-19 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 17 / 33 Q14 Which of the following issues, if any, have limited housing options you were able to consider? (Please select at least one of the following choices). Answered: 36 Skipped: 8 0%10%20%30%40%50%60%70%80%90%100% What I/we could afford... The amount of money I/we h... Housing needed to be large... My/our credit history or... I/we need units that... Not being shown housin... Concern that I/we would n... Unaware of rental rehab... None Other (please specify) Item 3A-20 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 18 / 33 63.89%23 25.00%9 13.89%5 19.44%7 2.78%1 2.78%1 8.33%3 11.11%4 22.22%8 8.33%3 Total Respondents: 36 ANSWER CHOICES RESPONSES What I/we could afford to pay for rent or mortgage The amount of money I/we had for deposit was too low Housing needed to be large enough for my/our household My/our credit history or credit score was too low I/we need units that accommodate a disability (i.e., wheelchair accessible) Not being shown housing in the neighborhood(s) I/we wanted to move to Concern that I/we would not be welcome in the neighborhood Unaware of rental rehab programs that may be available None Other (please specify) Item 3A-21 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 19 / 33 16.67%6 52.78%19 41.67%15 58.33%21 16.67%6 41.67%15 27.78%10 16.67%6 11.11%4 Q15 Please choose the top three community facilities you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan cycle. Answered: 36 Skipped: 8 Total Respondents: 36 0%10%20%30%40%50%60%70%80%90%100% Senior Centers Youth Centers Neighborhood Facilities Parks and Recreational... American Disability A... Child Care Centers Health Facilities Cultural Centers Other (please specify) ANSWER CHOICES RESPONSES Senior Centers Youth Centers Neighborhood Facilities Parks and Recreational Facilities American Disability Act (ADA) Improvements to existing facilities Child Care Centers Health Facilities Cultural Centers Other (please specify) Item 3A-22 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 20 / 33 Q16 Please choose the top three community/special needs services you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan cycle. Answered: 36 Skipped: 8 0%10%20%30%40%50%60%70%80%90%100% Senior Services... Disabled Services Youth Services Transportation Services Crime Awareness Domestic Violence... Substance Abuse Services Temporary Shelters Fair Housing Counseling Tenant/Landlord Counseling Child Care Services Health Services Services for Very Low Income Homeless Services Other (please specify) Item 3A-23 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 21 / 33 27.78%10 19.44%7 38.89%14 30.56%11 13.89%5 8.33%3 25.00%9 13.89%5 13.89%5 8.33%3 38.89%14 11.11%4 22.22%8 52.78%19 2.78%1 Total Respondents: 36 ANSWER CHOICES RESPONSES Senior Services Disabled Services Youth Services Transportation Services Crime Awareness Domestic Violence Services Substance Abuse Services Temporary Shelters Fair Housing Counseling Tenant/Landlord Counseling Child Care Services Health Services Services for Very Low Income Homeless Services Other (please specify) Item 3A-24 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 22 / 33 34.29%12 62.86%22 54.29%19 31.43%11 11.43%4 82.86%29 2.86%1 Q17 Please choose the top three homeless needs that you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan Cycle. Answered: 35 Skipped: 9 Total Respondents: 35 0%10%20%30%40%50%60%70%80%90%100% Food and clothing Emergency shelters Transitional housing Permanent housing One-time rental... Mental health/ addiction... Other (please specify) ANSWER CHOICES RESPONSES Food and clothing Emergency shelters Transitional housing Permanent housing One-time rental assistance Mental health/ addiction services Other (please specify) Item 3A-25 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 23 / 33 44.12%15 29.41%10 58.82%20 58.82%20 64.71%22 8.82%3 Q18 Please choose the top three business needs that you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan cycle. Answered: 34 Skipped: 10 Total Respondents: 34 0%10%20%30%40%50%60%70%80%90%100% Rehabilitation of Commercia... Façade Improvements Employment Training Small Business Loans Job Creation Other (please specify) ANSWER CHOICES RESPONSES Rehabilitation of Commercial Buildings Façade Improvements Employment Training Small Business Loans Job Creation Other (please specify) Item 3A-26 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 24 / 33 31.43%11 48.57%17 34.29%12 25.71%9 22.86%8 28.57%10 25.71%9 42.86%15 17.14%6 Q19 Please choose the top three infrastructure needs that you believe the City of Palm Desert should consider for the 2023-2028 Consolidated Plan cycle. Answered: 35 Skipped: 9 Total Respondents: 35 0%10%20%30%40%50%60%70%80%90%100% Increased Code Enforcement Street Improvements Sidewalk Improvements Pedestrian Crosswalks Parking Facilities Sewer/Storm Drain... Street Lighting... Passenger Rail Station Other (please specify) ANSWER CHOICES RESPONSES Increased Code Enforcement Street Improvements Sidewalk Improvements Pedestrian Crosswalks Parking Facilities Sewer/Storm Drain Improvements Street Lighting Improvements Passenger Rail Station Other (please specify) Item 3A-27 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 25 / 33 Q20 Please indicate the top three social services that you feel should receive financial support from the City of Palm Desert. Answered: 35 Skipped: 9 Item 3A-28 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 26 / 33 0%10%20%30%40%50%60%70%80%90%100% After-school programs and... Programs for at-risk youth Childcare Counseling/emot ional support Disaster and emergency... Drug/alcohol abuse... Food or meals for resident... Job training and/or... Low-cost transportati... Neighborhood crime... Park and recreation... Support for affordable... Public arts programs Revitalization of deteriora... Services and shelter for... Special events,... Legal aid/services Health care services Other (please specify) Item 3A-29 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 27 / 33 40.00%14 28.57%10 28.57%10 17.14%6 17.14%6 17.14%6 17.14%6 14.29%5 8.57%3 22.86%8 5.71%2 42.86%15 14.29%5 5.71%2 34.29%12 11.43%4 11.43%4 17.14%6 2.86%1 Total Respondents: 35 ANSWER CHOICES RESPONSES After-school programs and/or summer day camp for children Programs for at-risk youth Childcare Counseling/emotional support Disaster and emergency preparedness measures Drug/alcohol abuse counseling/treatment Food or meals for residents with special needs Job training and/or placement Low-cost transportation services Neighborhood crime prevention programs Park and recreation programs Support for affordable housing Public arts programs Revitalization of deteriorated commercial areas Services and shelter for homeless people Special events, festivals & community gatherings Legal aid/services Health care services Other (please specify) Item 3A-30 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 28 / 33 30.00%6 35.00%7 25.00%5 50.00%10 Q21 If you use public transit services, where do you go? (Please select all that apply). Answered: 20 Skipped: 24 Total Respondents: 20 0%10%20%30%40%50%60%70%80%90%100% Work Shopping and errands Medical appointments Other (please specify) ANSWER CHOICES RESPONSES Work Shopping and errands Medical appointments Other (please specify) Item 3A-31 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 29 / 33 50.00%17 58.82%20 20.59%7 11.76%4 35.29%12 32.35%11 11.76%4 Q22 Please select the top three things the City of Palm Desert could do to encourage the use of public transit services more often. Answered: 34 Skipped: 10 Total Respondents: 34 0%10%20%30%40%50%60%70%80%90%100% Provide better information... Increase how frequently t... Assistance in getting to a... Increase the helpfulness ... Increase the days and hou... Nothing, I prefer to... Other (please specify) ANSWER CHOICES RESPONSES Provide better information about routes/times Increase how frequently the transit services run Assistance in getting to and from the transit vehicle Increase the helpfulness of transit drivers Increase the days and hours of service Nothing, I prefer to drive/walk/bicycle Other (please specify) Item 3A-32 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 30 / 33 34.29%12 20.00%7 5.71%2 14.29%5 11.43%4 14.29%5 Q23 What segments of society in the City of Palm Desert do you think are vulnerable to natural disasters? (Please select all that apply). Answered: 35 Skipped: 9 TOTAL 35 0%10%20%30%40%50%60%70%80%90%100% Senior citizens Low-income households Families with children Persons with disabilities Homeless Other (please specify) ANSWER CHOICES RESPONSES Senior citizens Low-income households Families with children Persons with disabilities Homeless Other (please specify) Item 3A-33 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 31 / 33 48.57%17 17.14%6 34.29%12 Q24 Do you believe there are common/pressing broadband internet problems (e.g., high-speed connectivity availability, diversity of providers) in the City of Palm Desert? Answered: 35 Skipped: 9 TOTAL 35 0%10%20%30%40%50%60%70%80%90%100% Yes No Don't know ANSWER CHOICES RESPONSES Yes No Don't know Item 3A-34 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 32 / 33 28.57%10 22.86%8 48.57%17 Q25 Do you feel that low- and moderate-income areas have adequate broadband access? Answered: 35 Skipped: 9 TOTAL 35 0%10%20%30%40%50%60%70%80%90%100% Yes No Don't know ANSWER CHOICES RESPONSES Yes No Don't know Item 3A-35 Palm Desert Community Outreach Survey for the 2023-2028 Consolidated Plan 33 / 33 Q26 How can broadband internet access be improved? Answered: 19 Skipped: 25 Item 3A-36 Community Data The City of Palm Desert is located in Southern California, within Riverside County. This charter city was incorporated November 26th, 1979 and is the ninth city established in the County of Los Angeles. Its history includes Native American sites of the Cahuilla, a division of the Morongo Band of Mission Indians that lived here for over 10,000 years. The area was formerly known as Old Macdonald Ranch until date palms were planted in the 1920s, when it became known as Palm Village. Its first residential development occurred in 1943 as part of an Army maintenance camp, and more followed during the middle of the 20th century. The area became known as Palm Desert in 1951. Now a major center of growth in the Coachella Valley, Palm Desert is a popular retreat transplants from colder climates (the Eastern and Northern United States, and Canada), who swell its population by an estimated 31,000 each winter. Palm Desert has seen more residents become "full-timers", mainly from the coasts and urban centers of California, who have come for both affordable and high-valued homes The City of Palm Desert has made a commitment to providing equal housing opportunities for residents of the City. As a recipient of the Community Development Block Grant (CDBG) in past years, Palm Desert has worked to provide a higher quality of life in the City. A study of the demographics of the City will describe the needs of different segments of the population, the location of homeowners and renters in the City, and describe trends over time that will be useful in determining future needs. A. DEMOGRAPHIC SUMMARY The City’s population is estimated at 53,087 people, an increase of over 9.38 percent since the 2010 Census. At the same time the average household size increased from 2.07 to 2.12 persons per household. This could indicate a slight trend towards larger families, or a slight trend towards extended families Item 3A-37 sharing living quarters. During this same period, the housing stock increased by percent. Most of the City’s land uses have been built residentially. Single-family homes make up about 60 percent of the housing stock, the multi-family share is approximately 32 percent, and mobile homes comprise 8 percent. The median price of a housing unit in the City of Palm Desert was estimated at $361,2001. Median Gross Rent was 1,3532. This chapter is dedicated to providing a plethora of data used to determine fair housing issues that may exist in the City or region. Population growth, age characteristics, housing, income and race/ethnicity all help determine a community’s housing needs and play a role in exploring potential impediments to fair housing choice. B. POPULATION CHARACTERISTICS Population characteristics are an indication of the housing needs of a community. Such characteristics include population growth over time, the aging trends of the local population, age and race. The City experienced population growth by eighteen percent between 2000 and 2010. The City’s population increased nine percent from 2010 to 2020. Table 1: Regional Population Increase Total Population 2000 2010 2020 City 41,155 48,534 53,087 County 1,545,387 2,109,464 2,437,864 State 33,871,648 36,637,290 39,346,023 Source: Census 2000, 2010 & 2016-2020 Census Table 2 shows that the City has experienced large population increases between 2000 and 2020. A trend of increased growth can indicate several causes: more families and individuals transitioning to full-time residences in the area as opposed to seasonal. Table 2: Regional Population Percentage Increase Area 2000-2010 2010-2020 2000-2020 City 17.93% 9.38% 28.99% County 36.50% 15.57% 57.75% State 8.17% 7.39% 16.16% Source: Census 2000, 2010 & 2016-2020 ACS. POPULATION AGE Household age is a factor in housing choice and determines different housing needs.3 Households containing (18 to 24) typically can afford smaller, more affordable units; households between the ages of 25 and 44, typically look for single-family units for a growing family; empty-nesters (ages 45 to 64) are still 1 FINANCIAL CHARACTERISTICS FOR HOUSING UNITS WITH A MORTGAGE, 2013-2017 American Community Survey 5-Year Estimates. 2 MEDIAN GROSS RENT BY BEDROOMS, Universe: Renter-occupied housing units paying cash rent, 2013-2017 American Community Survey 5-Year Estimates. 3 Joint Center for Housing Studies of Harvard University, The State of the Nation’s Housing 2019, Harvard Graduate School of Design, Harvard Kennedy School, 2019, 14. Item 3A-38 living in a larger family home and older populations of 65 and older tend to want to scale down from their bigger home to a smaller home such as a condominium or an apartment with less floor space.4 The largest age cohort in the City is persons between the ages 65 or older at roughly 36 percent, a larger percentage as compared to the County at 14 percent. Adults ages 45 to 64 make up 24 percent of the City’s population, an equal share to that of the County estimated at 24 percent. A senior citizen is someone 65 and older. The senior population in the City is growing, therefore increased access to housing, services, recreation and healthcare will be a focus. Table 3: Age Characteristics (2020) Age City City % County Under 18 7,499 14.13% 613,823 18-24 3,726 7.02% 236,238 25-44 10,291 19.39% 654,005 45-64 12,591 23.72% 581,423 65 or older 18,980 35.75% 352,375 Total: 53,087 100.00% 2,437,864 Source: 2016-2020 ACS 5-Year Estimates RACE AND ETHNICITY The definition of race, a group of persons related by common descent or heredity, is different from the definition of ethnicity, a social group that shares a common and distinctive culture, religion, language, or the like. As such, persons of different ethnicities possess distinct preferences when choosing types of housing.5 As of 2020, there were 41,611 persons classified as White race/ethnicity or 78% of the City’s total population, a decrease of roughly 1 % since 2010. The largest noticeable shift in race in the City was the increase in the “two or more races” category (+441.32 percent) and the Black or African American population (+117.57 percent). 4 Rose Quint, “Housing Preferences Across Generations,” NAHB Economics and Housing Policy Group Studies (March 1, 2016). 5 Esther Havekes, Michael Bader, and Maria Krysan, “Realizing Racial and Ethnic Neighborhood Preferences? Exploring the Mismatches Between What People Want, Where They Search, and Where They Live,” Population Research a nd Policy Review (2016): 102. Item 3A-39 Source: 2006-2010 ACS 5-Year Estimates and 2016-2020 ACS 5-Year Estimates. Figure 2: Predominate Race/Ethnicity by Census Tract Figure 3: Minority Population by Census Tract Table 4: Current Race & Ethnicity Comparison Race/Ethnicity City County 2010 2020 % Change 2010 2020 % Change White 41,925 41,611 -0.75% 1,365,281 1,358,654 -0.49% Black or African American 757 1,647 117.57% 131,258 157,908 20.30% %American Indian and Alaska Native 337 359 6.53% 20,289 18,852 -7.08% Asian 1,729 2,389 38.17% 121,846 164,464 34.98% Native Hawaiian and Other Pacific Islander 70 80 14.29% 6,436 7,915 22.98% Some other race 2,944 2,822 -4.14% 383,974 539,108 40.40% Two or more races 772 4,179 441.32% 80,380 190,963 137.58% Total 48,534 53,087 9.38% 2,109,464 2,437,864 15.57% Source: American Fact Finder 2017, US Census Tract data, LA County GIS data, ESRI Street Map Item 3A-40 As indicated in Table 5, 24 percent of the City’s residents speak a language other than English and 6 percent speak English less than "very well". Such findings indicate language barriers may prevent residents from accessing services, information, and housing, and may also affect educational attainment and employment. Executive Order 13166 ("Improving Access to Services by Persons with Limited English Proficiency”) was issued in August 2000, which requires federal agencies to assess and address the needs of otherwise eligible persons seeking access to federally conducted programs and activities who, due to Limited English Proficiency (LEP), cannot fully and equally participate in or benefit from those programs and activities. This requirement passes down to grantees of federal funds as well. Table 5: Language Spoken At Home (persons 5 years old and older) Number Population 5 years and over 51,342 English only 39,187 Language other than English 12,155 Speak English less than "very well" 3,158 Spanish 8,375 Speak English less than "very well" 2,164 Other Indio-European languages 1,943 Speak English less than "very well" 226 Asian and Pacific Island languages 1,578 Speak English less than "very well" 680 Other languages 259 Speak English less than "very well" 88 Source: Language Spoken at Home, 2016-2020 ACS 5-Year Estimates. LIMITED ENGLISH PROFICIENCY According to Figure 4, the concentrations of persons of limited English proficiency are spread throughout the City. Next to English, Spanish is the most spoken language in the City. Persons that are limited in English proficiency can become culturally or linguistically isolated, tend to have less education, and earn less. To get information to these populations, regarding public services related to housing, health, or other valuable resources can be challenging without properly integrating factors related to resources, race, culture, and language.6 Immigrants also have limited accessibility to their jobs because they cannot receive a driver’s license or may not be near transit routes. Limited English Proficiency can also have an 6 Enhancing Public Health Emergency Preparedness for Special Needs Populations: A Toolkit for State and Local Planning and Response, Jeanne S. Ringel, 2009. Item 3A-41 impact on the workforce and local economy. Some employers may require English speakers.7 Figure 4. Limited English Proficiency Source: AFFH Mapping Tool, U.S. Department of Housing and Urban Development, (2023) DISSIMILARITY INDEX The dissimilarity index measures whether one particular group is distributed across census tracts in the metropolitan area in the same way as another group. A high value indicates that the two groups tend to live in different tracts. The index scale ranges from 0 to 100. A value of 60 (or above) is considered very high. It means that 60% (or more) of the members of one group would need to move to a different tract in order for the two groups to be equally distributed. Values of 40 or 50 are usually considered a moderate level of segregation, and values of 30 or below are considered to be fairly low. According to the indices shown in Table 6, segregation is low in the City. Table 6: Index of Dissimilarity 1980 1990 2000 2010 2020 White - Black 4.8 11.7 19.4 24.9 21.6 White - Hispanic 9.3 17.6 39.4 37.5 32.8 White - Asian 8.5 11.0 16.4 23.7 20.7 Black - Hispanic 8.8 8.8 25.3 25.6 23.2 Black - Asian 7.6 7.5 11.1 17.5 13.6 Hispanic - Asian 1.7 9.7 27.2 25.6 27.2 7 Cheeseman Day, Jennifer and Shin, Hyon B. “How Does Ability To Speak English Affect Earnings?” Population Division, U.S. Census Bureau (2005). Item 3A-42 Source: Diversity and Disparities, American Communities Project, https://s4.ad.brown.edu/projects/diversity/segregation2010/city.aspx?cityid=660018 HOUSEHOLD CHARACTERISTICS The U.S. Census Bureau defines a household as a family, two or more families living together, a person living alone, or unrelated persons living together. As mentioned, younger persons usually require smaller, more affordable units; families require single-family units for a growing family; though empty-nesters and the elderly prefer to age in place, if necessary, they generally scale down from bigger homes to smaller ones.8 1.Household Type and Size According to the Table 7, families make up 54 percent of all households; 15 percent of all households are families with children. Households with seniors (65 and older) accounts for 53 percent of total households. Overall, households with families have increased slightly by 2 percent. However, households with families with children has decreased slightly by 2 percent. Nonfamily households have increased significantly by 10 percent. Households with seniors has increased significantly as well by 17 percent. Female-headed households saw an extremely high increased between 2010 and 2019, jumping by 449 percent. Overall, housing is needed for families and seniors. Table 7: Household Type and Size 2010 2019 (No 2020 Data for Children) % Change Total Households 23,041 24,396 5.88% Family Households 13,004 13,294 2.23% With own children under 18 yrs 3,744 3,663 -2.16% Married couple with family 10,580 10,835 2.41% With own children under 18 yrs 2,398 2,465 2.79% Female householder, no husband present 1,370 7,527 449.42% With own children under 18 yrs 712 713 0.14% Nonfamily households 10,037 11,102 10.61% Householder living alone 8,620 8,736 1.35% Householder 65 years and over 4,638 5,134 10.69% Households with individuals under 18 years 4,008 4,091 2.07% Households with individuals over 65 years 10,983 12,816 16.69% Average household size 2.09 2.14 2.39% Average family size 2.77 2.77 0.00% 8 Joint Center for Housing Studies of Harvard University, The State of the Nation’s Housing 2019, Harvard Graduate School of Design, Harvard Kennedy School, 2019, 6. Item 3A-43 Source: 2010 U.S. Decennial Census, 2015-2019 ACS 5-Year Estimates (2016-2020 does not feature data on children) SPECIAL NEEDS POPULATIONS The special needs population are persons who are not homeless but require supportive housing. Special needs persons include the elderly (defined by HUD to be 62 and older), frail elderly (defined as an elderly person who requires assistance with three or more activities of daily living, such as bathing, walking, and performing light housework), persons with mental, physical, and/or developmental disabilities, persons with alcohol or other drug addiction, persons with HIV/AIDS and their families, and victims of domestic violence, dating violence, sexual assault, and stalking.9 While age is not a protected class under the Fair Housing Act, information on elderly households is provided because it is often relevant to how programs operate at the local level, with some buildings or programs designated or designed to serve seniors. Since the Fair Housing Act protects families with children and persons with disabilities from discrimination, it is important to assess whether there are differences in the patterns of siting of publicly supported housing that serves families with children versus publicly supported housing that serves elderly populations. The same comparison should be done for publicly supported housing that primarily serves persons with disabilities. 1. Senior Population and Characteristics Because of the high birth-rate during the mid-20th century and improved healthcare, seniors are living longer and are becoming a larger portion of the population everywhere.10 An increase in the senior population wanting smaller homes and needing ADA accessibility, and other amenities that give seniors greater access to community services. Housing need is becoming greater for seniors in the City as well as the need for affordable housing. Table 8: % Elderly Population Percent of Population Age 2010 2020 65-74 16.30% 17.40% 75-84 11.70% 12.90% 85 and older 4.70% 5.50% Source: 2016-2020 ACS 5-Year Estimates In the coming years, the baby-boom generation will be significant as will housing need for this demographic. According to survey studies, 70% of the baby-boom generation feel they may not be adequately financially prepared for retirement.11 However, seniors prefer to age in place, which creates a need for home upgrades to accommodate their changing needs, e.g., ADA accessibility. Seniors that 9 Title 24 Housing and Urban Development, Volume 1, Subtitle A-Office of the Secretary, Department of Housing and Urban Development , CFR 91.205(b, d). 10 Dowell Myers & SungHo Ryu. “Baby Boomers and the Generational Housing Bubble: Foresight and Mitigation of an Epic Transition,” Journal of the American Planning Association, Volume 74, (2008): 17- 33. 11 Senioriving.org, HUD-Sponsored Senior Housing Programs, https://www.seniorliving.org/hud-senior- housing-programs/ (accessed October 1, 2019). Item 3A-44 relocate generally opt for smaller homes.12 According to the 2016-2020 ACS, elderly persons accounted for approximately 36 percent of the City’s population. DISABLED POPULATION For the most part, disabled persons earn less than the non-disabled.13 If disabled persons are earning less due to their disability, a need for affordable housing exists for this population. Additionally, physically disabled persons require housing that is accessible, for example, wheelchair accessibility. Also, under fair housing law, persons with a disability are a protected class. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in programs that receive federal financial assistance. Studies have shown that persons with disabilities experience discrimination more often than there protected classes under fair housing law.14 As such, it is important to educate the public on the preventing the discrimination of physically and mentally disabled persons. According to the 2013-2017 ACS 5 Year Estimates in Table 9, 7.3 percent of the population who lived in the City reported a disability. Table 9: Persons with Disabilities Profile 2020 % of Population Hearing Disability Vision Disability Cognitive Disability Ambulatory Disability Self-Care Disability Independent Living Disability 15.2% 5.90% 3.70% 5.40% 8.30% 3.40% 6.10% Source: 2016-2020 ACS 5-Year Estimates POPULATION LIVING WITH HIV/AIDS The Fair Housing Act prohibits housing discrimination against individuals with disabilities, including HIV or AIDS; this includes all types of housing, such as apartments, houses, mobile homes, nursing homes, assisted living centers, group homes, student housing, and homeless shelters.15 The California HIV Surveillance Report-2017 published by the California Department of Public Health, Center for Infectious Diseases in Sacramento, California in 2020 reported a total of 9,765 persons living with HIV/AIDS in the County, including 239 new cases. Supportive services for this population can be found at: http://www.rivcohivaids.org/ 12 Joint Center for Housing Studies of Harvard University, The State of the Nation’s Housing 2019, Harvard Graduate School of Design, Harvard Kennedy School, 2019, 6. 13 United States Census Bureau, In Most Occupations, Workers with or Without Disabilities Earn About the Same, Jennifer Cheeseman Day and Danielle Taylor March 21, 2019. 14 Margery Austin Turner, Carla Herbig, Deborah Kaye, Julie Fenderson, Diane Levy, Discrimination Against Persons with Disabilities: Barriers at Every Step, The Urban Institute Washington DC (June 2005). 15 U.S. Department of Justice Civil Rights Division Disability Rights, Section, Protecting the Rights of Persons Living with HIV/AIDS, https://www.ada.gov/hiv/ada_aids_brochure.pdf. Item 3A-45 FAMILIES WITH CHILDREN Familial status is a protected class under fair housing law. Households, under law, cannot be denied because they have children. In some cases, landlords have created policies that include but have not been limited to limiting the number of children, restrict the ages of children permitted in units cap the number of children permitted in a unit discourage the sharing of bedrooms by children of the opposite sex, restrict buildings or floors of buildings in complexes where children were permitted, charge higher rents or require larger security deposits from renters with children, policies which landlords and property owners do not have the right to do.16 Additionally, past studies found that some landlords will flatly deny rent to female heads of household.17 The City features less families with children and less single parent households than the County. Table 10: Families with Children 2019 (no 2020 data for children) All Families with Children Female Headed Households with Children Jurisdiction Total Households Number % of Total Households Number % of all Families with Children City 24,396 3,663 15.00% 713 19.50% County 724,893 236,498 32.60% 36,990 15.60% Source: ACS 2015-2019, Households and Families Table 11: Single Parent Households, 2019 City County Total Households 24,396 724,893 # of Single Parent Households 1,074 46,632 % of Single Parent Households 4.40% 6.40% Source: 2015-2019 ACS 5-Year Estimates, Selected Social Characteristics in the United States LARGE HOUSEHOLDS Large households are defined as households containing five or more occupants. A large household can sometimes indicate overcrowding, which can be related to ethnicity, age, immigration, and poverty.18 The 2016-2020 ACS identified households in the City with five or more persons, representing nearly 5 percent of all households. Of large households, 52 percent are owner-occupied, 48 percent are renter-occupied. 16 HUD Charges Georgia Landlords with Discrimination Against Families with Children, September 12, 2019, https://www.hud.gov/press/press_releases_media_advisories/HUD_No_19_137 17 Ibid, 5. 18 The Changing Problem of Overcrowded Housing, Dowell Myers , William C. Baer & Seong-Youn Choi, pages 6626 Nov 2007. Item 3A-46 Overall, large households and persons who own or rent have increased very little between 2010 and 2020. This percentage of large households is too small to determine if there are overcrowding exists. Table 12: Household Size – Comparison 2010 2020 Number % Number % Total Occupied housing units 23,041 100.00% 24,335 100.00% Owner occupied 15,882 68.93% 15,720 64.60% Renter occupied 7,159 31.07% 8,615 35.40% Owner & Renter occupied 23,041 100.00% 24,335 100.00% 1 person HH 8,620 37.41% 8,383 34.45% 2 persons HH 9,679 42.01% 10,966 45.06% 3 persons HH 2,168 9.41% 2,465 10.13% 4 persons HH 1,476 6.41% 1,308 5.37% 5 persons HH 505 2.19% 846 3.48% 6 persons HH 267 1.16% 277 1.14% 7 or more persons HH 326 1.41% 90 0.37% Owner occupied 15,882 100.00% 15,720 100.00% 1 person HH 5,389 33.93% 5,061 32.19% 2 persons HH 7,715 48.58% 7,807 49.66% 3 persons HH 1,175 7.40% 1,470 9.35% 4 persons HH 854 5.38% 750 4.77% 5 persons HH 416 2.62% 352 2.24% 6 persons HH 172 1.08% 251 1.60% 7 or more persons HH 161 1.01% 29 0.18% Renter occupied 7,159 100.00% 8,615 100.00% 1 person HH 3,231 45.13% 3,322 38.56% 2 persons HH 1,964 27.43% 3,159 36.67% 3 persons HH 993 13.87% 995 11.55% 4 or more persons HH 622 8.69% 558 6.48% 5 persons HH 89 1.24% 494 5.73% 6 persons HH 95 1.33% 26 0.30% 7 or more persons HH 165 2.30% 61 0.71% Source: 2006-2010 and 2016-2020 ACS 5-Year Estimates Item 3A-47 HOMELESS POPULATION The Riverside County Continuum of Care is the continuum of care for the region that includes Palm Desert. Each year, the Riverside Continuum of Care coordinates a Shelter/Housing Inventory Count (HIC), which is a Point-In-Time (PIT) inventory of service projects, and a record of utilization of services. HIC records how many beds and units are dedicated to serving people experiencing homelessness (e.g., emergency shelter, transitional housing, and safe haven) or people who have experienced homelessness and are now in permanent housing. Information gathered through the PIT survey is used by the Continuum of Care to understand the issues associated with homelessness, including causes of homelessness, service needs of the homeless, the region’s unmet housing needs, and trends over time of homelessness in the region. The 2022 PIT was held at night in January. A total of 26 unsheltered households and 0 unsheltered persons were counted in Palm Desert. The majority of homeless persons are White men found living on the street, between the ages of 25 and 54. Table 13: Homeless Point-In-Time Count Sheltered Unsheltered Total Persons 0 26 26 Source: Riverside County 2022 Point in Time Count Table 14: Homeless Point-In-Time Count Survey Responses # % Persons in Cars 1 6% Persons in Vans 0 0 Persons in RVs or Campers 0 0 Persons in Tents 3 19% Persons in Makeshift Shelters 0 0 Persons on the Street 12 75% Total 16 100.0% Source: LAHSA Continuum of Care, 2019 Greater Los Angeles Homeless Count Table15: Demographics Summary City of Palm Desert PIT Count Number Percent Gender Male 21 81% Female 3 12% Transgender 0 0 Gender Non-conforming 1 3% Unknown 1 3% Race/Ethnicity Hispanic/Latino 8 31% Black/African-American 1 3% Item 3A-48 White 19 73% American Indian/Alaskan Native 2 7% Asian 0 0 Native Hawaiian/Other Pacific Islander 0 0 Multi-Racial/Other 4 15% Age Under 18 0 18-24 1 3% 25-54 23 88% 55-61 0 3% 62+ 1 3% Unknown 1 3% Source: Riverside County 2022 Homeless Point in Time Count INCOME PROFILE A household’s income determines the affordability of housing and other life activities. When a household’s costs for housing and utilities consumes a large percentage of income, they are limited in their ability to increase housing size when needed or obtain access to amenities. Such limitations can become a fair housing issue. Though economic factors that affect housing choice are not a fair housing issue, some neighborhoods can become concentrated with poverty. For example, potential tenants can become victims of discrimination due to having lower incomes in various ways: stringent credit checks, flat denial due to fear of inability to pay, and more. 1. Median Income As referenced in Table 16, the median household income for Palm Desert shows $64,295 for the 2020 American Community Survey. Between the years 2010 and 2020, the median household income increased by 13 percent. Table 16: Median Household Income (2010- 2020) % Change 2010 2020 $56,897 $64,295 13.00% Sources: Census 2010, ACS 2016-2020 5-Year Estimates. For determining eligibility for assisted housing programs, which include Public Housing and the Section 8 Housing Choice voucher, the Department of Housing and Urban Development (HUD) sets income limits. Every year, HUD develops income limits based on the Median Family Income estimates and Fair Market Rent area definitions for each metropolitan area, parts of some metropolitan areas, and each non- metropolitan county. The table below lists the 2019 income limits issued by HUD for the limit income categories. Table 17: HUD Median Income Limits Item 3A-49 Median Family Income FY Income Limit Category Persons in Family 1 person 2 person 3 person 4 person 5 person 6 person 7 person 8 person $87,400 Extremely Low (0- 30%) $18,500 $21,150 $23,800 $27,750 $32,470 $37,190 $41,190 $46,630 Very Low $30,800 $35,200 $39,600 $44,000 $47,550 $51,050 $54,600 $58,100 (30%-50%) $58,450 $66,800 $75,150 $83,500 $90,200 $96,900 $103,550 $110,250 Source; HUD User, 2022 Income Limit Area, Riverside County LOW TO MODERATE TARGET AREAS The City has two low to moderate target areas, census tracts where at least 51% of incomes are between zero to 80% of the Area Median Income. According to the American Community Survey’s 201 6 to 2022, 9.3 percent of the population were found to live below poverty level in the City. Figure 5 : Low to moderate income areas by census block groups. INCOME BY HOUSEHOLD CHARACTERISTIC The table below illustrates that approximately 45 percent of the total households in the City are extremely low, very low and low income. Additionally, the number of low income renters and owners are relatively comparable, both representing about an even split. Item 3A-50 Table 18: Household Income Owner Rental Total # % # % Extremely Low Income (0%- 30%) 1,590 6.52% 1,875 7.69% 3,465 Very Low Income (30%- 50%) 1,455 5.96% 1,670 6.85% 3,125 Low Income (50%-80%) 2,325 9.53% 2,000 8.20% 4,325 Source: CHAS 2015-2019 1. Income by Race/Ethnicity As described earlier, of race, a group of persons related by common descent or heredity, is different from the definition of ethnicity, a social group that shares a common and distinctive culture, religion, language, or the like. In Table 19, data is analyzed to find percentages of the various incomes based on race/ethnicity. Between 2010 and 2020, the following race/ethnicity groups experienced the largest increase: Some Other Race, Black, Asian. Table 19: Median Household Income Per Race Race 2010 2020 % Change White $59,039 $65,087 10.24% Black $41,173 $65,469 59.01% Indian $34,583 $41,221 19.19% Asian $54,348 $72,917 34.17% Native Hawaiian $17,083 NA NA Some other race $30,361 $50,049 64.85% 2 or More Races $66,792 $78,648 17.75% Hispanic $42,368 $50,221 18.54% Source: Source: 2016-2020 ACS 5-Year Estimates, 2006-2010 ACS 5-Year Estimates, Median Household Income In The Past 12 Months. RACIALLY OR ETHNICALLY CONCENTRATED AREAS OF POVERTY Federal regulations require grantees of HUD Community Planning and Development programs to identify Item 3A-51 and describe any areas within their jurisdictions that are concentrations of racial or ethnic minorities and low-income families. These areas are known as racially/ethnically concentrated areas of poverty (RCAPs and ECAPs). In order to analyze the RCAPs/ECAPs in Palm Desert at a meaningful geographic scale, data was collected for block groups. Low to moderate concentrations meeting the threshold of 51 percent of residents that are low income at the tract level could not be identified in the City. Block group data was collected from the 2016-2020 American Community Survey 5-Year Estimates, which HUD currently uses for its most up- to-date low- to moderate-income designations. For the purpose of this analysis, racial minorities are all ACS respondents who identified as a race other than white, and ethnic minorities are all those who claimed Hispanic origins. Thee results showed there are no areas of Racially or Ethnically Concentrated Areas of Poverty. Table 20: RCAP/ECAP % Race/Ethnicity Per Block Group-51%or more LMI Tract Block Group % Racial Minority % Ethnic Minority Source: ACS 2016-2020 HOUSING PROFILE An AI requires an assessment of several aspects of housing in the City. Such an assessment includes the condition of the existing housing stock, locating where and how segregation occurs due to race, ethnicity, disability, and families with children, and analyzing the cost of housing, both rental and units for sale. The amount and availability of housing accessible for persons with disabilities is also evaluated. 1. Housing Growth Most housing development took place in the City between the middle of the 20th Century, as it did for the County. Increases in housing stock in the City have been modest in the last decade. The total number of housing units has increased by 5.94 percent since 2010. A lack of housing drives up housing costs making the City unaffordable to low-income households. Table 21: Housing Unit Growth 2010 2020 % Change (2010-2020) 36,868 39,058 5.94% Source: ACS 5-Year Estimates, 2016-2020, U.S. Census 2010. Item 3A-52 HOUSING UNIT TYPE The housing stock in the City is primarily comprised of single-family homes (59%) increased slightly between 2010 and 2019. The stock of smaller multifamily units ( 2-4 unit dwellings) decreased 12% and larger multifamily homes increased 1%. Again, the City has had very little new housing units built in the last 20 years. Overall in the last 20 years the number of units in the City has increased by 4.5%, the population has increased 7.4%, the persons per household has increased 5% and the vacancy rate has only increased 1%. Table 22: Housing Characteristics 2010 2020 1-unit, SF detached 14,584 15,417 1-unit, SF attached 10,761 8,009 2 to 4 units 2,927 5,078 Five Plus units 4,912 7,476 Mobile home 3650 3078 Occupied units 23,041 24,335 Vacancy Rate 37.5% 37.7% Persons per Household 2.07 2.12 Total housing units 36,868 39,058 Source: US Census 2010, ACS 5-Year Estimates 2016-2020 CONDITION OF HOUSING UNITS Conducting an assessment of the current condition of housing units can support the development of City policies and programs that will preserve existing housing stock. Housing preservation increases safety, neighborhood stability, and likelihood seniors are better able to age in place. In addition, housing constructed prior to 1978 may contain lead-based paint, which must be addressed before Federal programs can fund rehabilitation to such units. Table 23: Year Unit Built Year Unit Built Owner-Occupied Renter-Occupied Occupied Number % Number % Number % 2014 or later 466 2.96% 214 2.48% 680 2.79% 2010 to 2013 277 1.76% 245 2.84% 522 2.15% 2000 to 2009 1,727 10.99% 1020 11.84% 2,747 11.29% 1980 to 1999 7,437 47.31% 4,082 47.38% 11,519 47.34% 1960 to 1979 4,793 30.49% 2,584 29.99% 7,377 30.31% 1940 to 1959 908 5.78% 402 4.67% 1,310 5.38% Item 3A-53 1939 or earlier 112 0.71% 68 0.79% 180 0.74% Total 15,720 100.00% 8,615 100.00% 24,335 100.00% Source: ACS 5-Year Estimates, 2016-2020. As shown in the table below, the majority of home building in the County as well as the City took place between the 1960s to 1990s. Homes in the City built 1979 and earlier totaled 12,330 and account for nearly 32 percent of total housing stock. Table 24: Year Unit Built- City v. County Year Unit Built City County Number % Number % 2014 or later 807 2.07% 27,162 3.21% 2010 to 2013 832 2.13% 24,528 2.90% 2000 to 2009 4,622 11.83% 214,458 25.38% 1980 to 1999 20,467 52.40% 311,586 36.87% 1960 to 1979 10,595 27.13% 183,408 21.70% 1940 to 1959 1,555 3.98% 65,896 7.80% 1939 or earlier 180 0.46% 18,028 2.13% Total 39,058 100.00% 845,066 100.00% Source: ACS 5-Year Estimates, 2016-2020 LEAD-BASED PAINT HAZARD Though lead based paint is a critical concern that identifies housing as substandard in the community, it presents conditions that can be corrected through rehabilitation. Projects funded by Federal programs must be tested for lead-based paint if they were constructed prior to 1978.19 Children under six years old are particularly vulnerable to negative effects of lead-based paint. For the long-term safety of a community, lead-based paint should be mitigated. Nearly 32 percent of housing stock in the City were built prior to 1978. HOUSING TENURE- OWN VERSUS RENT AND VACANT UNITS As defined by the U.S. Census Bureau, Housing Tenure refers to a unit that is owner occupied if the owner lives in the unit, even if it is mortgaged or not fully paid for. All other occupied units are classified as "renter occupied," including units rented for cash rent and those occupied without payment of cash rent. 19 US Department of Housing and Urban Development, “Making it Work - Reference Manual,” https://files.hudexchange.info/resources/documents/MakingItWorkReferenceManua l.pdf. Item 3A-54 Tenure preferences are primarily related to household income, composition, and age of head of household.20 In some cases, renters experience violation of fair housing laws more frequently than owners due to a lack of proper oversight on the part of landlords and property managers. To make housing accommodations for various incomes and needs, a city must have both ownership and rental units in its housing supply. Table 25: Household Tenure – Owner v. Renter Households 24,335 100.00% Owner-Occupied 15,720 64.60% Renter-Occupied 8,615 35.40% Source: 2016-2020 ACS 5-Year Estimate Table 26: Housing Unit Tenure Comparison Tenure Type 2010 2020 # of Units Percent # of Units Percent Rental 7,159 19.42% 8,615 22.06% Owner Occupied 15,882 43.08% 15,720 40.25% Vacant 13,827 37.50% 14,723 37.70% Total 36,868 100.00% 39,058 100.00% Source: 2006-2010 and 2016-2020 ACS 5-Year Estimates The table below indicates that homes with a higher number of bedrooms are occupied by homeowners the number of owners of four-bedroom units is seven times that of renters. A higher number of small units, no bedroom and one-bedroom units, are occupied by renters. Table 27: Unit Size by Tenure Owners Renters Number % Number % No bedroom 44 0.28% 520 6.04% 1 bedroom 163 1.04% 2,210 25.65% 2 or 3 bedrooms 13,299 84.60% 5,561 64.55% 4 or more bedrooms 2,214 14.08% 324 3.76% Total 15,720 100.00% 8,615 100.00% 20 Joint Center for Housing Studies of Harvard University, The State of the Nation’s Housing 2019, Harvard Graduate School of Design, Harvard Kennedy School, 2019, 17-18, 21. Item 3A-55 Source: ACS Community Survey 5-Year Estimates, 2016-2020 HOUSING COSTS Affordable housing provides stability, allowing for budgeting for other life necessities, such as food, healthcare, transportation, and the ability to contribute to the local economy.21 When housing costs are too high, there is cost burden occurs, creating instability for the household. This section summarizes cost and affordability for the City. Table 28 shows a 6 percent decrease in the cost of purchasing a home in the City, however there has been a 17 percent increase in the cost of renting a home. Median income has increased 13 percent between 2010 and 2020. Table 28: Changes in Value, Rent, and Income 2010 2017 % Change Median Housing Value $384,300 $361,200 -6.0% Median Gross Rent $1,160 $1,353 16.6% Median Household Income $56,897 $64,295 13.0% Source: 2006-2010 ACS 5-Year Estimates, 2016-2020 ACS 5-Year Estimates Table 29: Housing Sale Prices (2021 and 2022) Units Sold in 2021 Median Sale Price December 2021 Units Sold in 2022 Median Sale Price December 2022 % Change City SF Homes 1,105 $697,500 756 $640,000 -8.2% Condos/Towns 1,265 $460,500 808 $508,440 10.4% Source: 2021, 2022 Sales Report, reported by Redfin The high cost of home ownership makes it prohibitive for low-income households to purchase housing in the City. As shown below, affordable rent for a four-person household with low income, earning $70,400 annually is $1,760 per month. However, according to recent data from Rent.com, the average rent for a two bedroom is $2,602. The affordability gap is over $800 per month. Table 30: Average Rental Housing Prices Studio 1-Bedroom 2-Bedroom 3-Bedroom 4+Bedrooms City $729 $974 $1,307 $1,691 $2,082 County $861 $944 $1,205 $1,532 $1,946 Sources: ACS 5-Year Estimates, 2016-2020 21 Enterprise Community Partners, Inc., Knowledge, Impact and Strategy Department Impact of Affordable Housing on Families and Communities: A Review of the Evidence Base, Enterprise:3. Item 3A-56 Table 31: Housing Affordability (2019) Affordable Mortgage/Rent Amounts 1 Person 2 Persons 3 Persons 4 Persons Extremely Low (0%-30%) Annual Income $18,500 $21,150 $23,800 $27,750 Monthly Income $1,541.00 $1,762.00 $1,983.00 $2,312.00 Affordable Purchase Price $101,000.00 $115,000.00 $130,000.00 $151,000.00 Affordable Monthly Rent $462.50 $528.75 $595.00 $693.75 Very Low (30%-50%) Annual Income $30,800 $35,200 $39,600 $44,000 Monthly Income $2,566.00 $2,933.00 $3,300.00 $3,666.00 Affordable Purchase Price $168,000.00 $192,000.00 $216,000.00 $240,000.00 Affordable Monthly Rent $770.00 $880.00 $990.00 $1,100.00 Low (50%-80%) Annual Income $49,300 $56,350 $63,400 $70,400 Monthly Income $4,108.00 $4,695.00 $5,283.00 $5,866.00 Affordable Purchase Price $269,000.00 $308,000.00 $347,000.00 $385,000.00 Affordable Monthly Rent $1,232.50 $1,408.75 $1,585.00 $1,760.00 Moderate (80%-120%) Annual Income $73,920 $84,480 $95,040 $105,600 Monthly Income $6,160.00 $7,040.00 $7,920.00 $8,800.00 Affordable Purchase Price $353,000.00 $404,000.00 $454,000.00 $467,000.00 Affordable Monthly Rent $1,848.00 $2,112.00 $2,376.00 $2,640.00 Source: 2022 HUD Income Limit. Note: Affordable Monthly Rent = (HH income * .3)/12 Assumptions: 30% gross household income as affordable housing cost; includes monthly affordable cost for taxes and insurance; 10% down payment; and 4.0% interest rate for a 30-year fixed-rate mortgage loan; https://smartasset.com/mortgage/how-much-house-can-i-afford#PCGmA6nHyA Table 32: Fair Market Rent- Riverside-San Bernardino-Ontario, CA 2022 2023 Efficiency $1,062 $1,281 1 bedroom $1,202 $1,398 2 bedroom $1,509 $1,751 3 bedroom $2,065 $2,376 4 bedroom $2,542 $2,922 Source: HUD 2022 and 2023 Fair Market Rent, https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2022_code/2022summary.odn Item 3A-57 Table 33: Affordable Rental Housing Units in Palm Desert Units 2010 2020 # % # % Less than $500 640 9.19% 413 4.97% $500-$999 1,968 28.26% 1,519 18.27% $1,000-$1,499 2,626 37.70% 3,373 40.58% $1,500 or more 1,731 24.85% 3,008 36.18% Total 6,965 100.00% 8,313 100.00% Source: 2006-2010 ACS and 2016-2020 ACS 5-Year Estimates HOUSING PROBLEMS Quality of life the standard of health, comfort, and happiness experienced by an individual or group is a community’s highest priority. HUD assesses housing need within a community according to several criteria: (1) the number of households that are paying too much for housing; (2) the number of households living in overcrowded units; and (3) the number of households living in substandard housing conditions. An analysis of housing problems assesses whether groups of persons, based on race, color, religion, national origin, sex, familial status, or disability, experience greater housing needs when compared to other populations the City. An assessment of cost burden, severe cost burden, overcrowding, and substandard housing is a necessary analysis in order to set goals and priorities, and develop strategies to address barriers to fair housing choice. CHAS data provides further details on housing cost burden and overcrowding. These conditions are discussed below. Housing affordability is measured in terms of the percentage of income spent on housing costs. Over the past decades 30% of income spent on housing is the accepted indicator of affordable housing costs.22 HUD defines cost burden as monthly housing costs (including utilities) exceeding 30% of monthly income; severe cost burden is defined as monthly housing costs (including utilities) exceeding 50% of monthly income. 1. Cost Burden According to the federal government, cost burden is the fraction of a household’s total gross income spent on housing costs. A cost burden of 30 to 50% is considered a moderate burden; payment in excess of 50% of income is a severe cost burden. Cost burden is an important housing issue because paying too much for housing leaves less money available for basics such as food and living expenses as well as for emergency expenditures. According to the most recent CHAS data, 5,545 renter households and 5,370 owner households earned less than 80% of the area median income (AMI) in the City. Of these, 1,875 renter households and 1,590 owner households fell into the extremely low-income category (incomes less than 30% of AMI). Table 34 shows that renters experience cost burden at higher rate than owners at all levels of cost burden. However, 4,965 households suffer from severe cost burden, accounting for approximately 20 percent of 22 Defining Housing Affordability, PD&R Edge Home, under HUD User, https://www.huduser.gov/portal/pdredge/pdr-edge-featd-article-081417.html. Item 3A-58 total households in the City; and an additional 19 percent of the total households experience cost burden between 30 and 50%. Table 34: Housing Cost Burden Overview Cost Burden Factor Owner Renter Total # % # % Cost Burden > 30% 5,105 33% 4,540 50% 9,645 Cost Burden >30% to <=50% 2,450 16% 2,230 25% 4,680 Cost Burden > 50% 2,655 17% 2,310 25% 4,965 Source: CHAS 2015-2019, https://www.huduser.gov/portal/datasets/cp.html As listed in Table 35, 2,740 of the City’s residents that are extremely low income experience and are cost burdened and 2,370 experience severe cost burden. Approximately 39 percent of all homeowners and renters combined living in the City experience cost burden issues. Table 35: Income by Cost Burden (Owners and Renters Combined) Cost Burden > 30% Cost Burden > 50% Total # % # % Extremely Low Income (0% - 30%) 2,740 79.08% 2,370 68.40% 3,465 Very Low Income (30%-50%) 2,330 74.56% 1,445 46.24% 3,125 Low Income (50%-80%) 2,555 59.08% 855 19.77% 4,325 Source: CHAS 2015-2019, https://www.huduser.gov/portal/datasets/cp.html Table 36: Income by Cost Burden - OWNERS Cost Burden > 30% Cost Burden > 50% Total # % # % Extremely Low Income (0% - 30%) 1,220 76.73% 1,085 68.24% 1,590 Very Low Income (30%-50%) 1,060 72.85% 675 46.39% 1,455 Low Income (50%-80%) 1,205 51.83% 665 28.60% 2,325 Source: CHAS 2015-2019, https://www.huduser.gov/portal/datasets/cp.html. Table 37: Income by Cost Burden - RENTERS Cost Burden > 30% Cost Burden > 50% Total # % # % Extremely Low Income (0% - 30%) 1,520 81.07% 1,285 68.53% 1,875 Item 3A-59 Very Low Income (30%-50%) 1,270 76.05% 770 46.11% 1,670 Low Income (50%-80%) 1,350 67.50% 190 9.50% 2,000 Source: CHAS 2015-2019, https://www.huduser.gov/portal/datasets/cp.html. Overcrowding Households having more than 1.01 to 1.5 persons per room are considered overcrowded and those having more than 1.51 persons per room are considered severely overcrowded. The person per room analysis excludes bathrooms, porches, foyers, halls, or half-rooms. The City experiences a 1.4 percent rate of overcrowding for owner-occupied households. Renter-occupied households have a much higher rate of overcrowding at 7.1 percent. Table 38: Overcrowding Household Tenure Owner-Occupied Renter-Occupied Occupied Units 15,720 8,615 Overcrowded 224 611 Severely Overcrowded 62 284 Percent Overcrowded 1.4% 7.1% Source: American Community Survey (ACS), 2016-2020 Notes: 1. Overcrowded: (1+ occupants per room) 2. Severely Overcrowded (1.5+ occupants per room) Substandard Housing There are two types of substandard housing problems: 1. Households without hot and cold piped water, a flush toilet and a bathtub or shower; and 2. Households with kitchen facilities that lack a sink with piped water, a range or stove, or a refrigerator. According to 2025-2019 CHAS data, 145 low income renter households experience substandard Housing - Lacking complete plumbing or kitchen facilities. Of low-income homeowners, 0 experience substandard housing. Overall, more renters experience substandard housing than homeowners. Table 39: Housing Problems (Households with one of the listed needs) Renter Households Owner Households 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Item 3A-60 Substandard Housing - Lacking complete plumbing or kitchen facilities 45 15 85 0 145 0 0 0 0 0 Source: CHAS 2015-2019 PUBLIC HOUSING & HOUSING VOUCHERS The Housing Authority of Riverside County (RBHA) provides rental assistance to extremely low- and very low-income households. The federal Section 8 Housing Choice Voucher (HCV) Program provides rental assistance to very low- income households for housing. Eligible tenants pay 30% to 40% of their adjusted monthly income toward the rent and utilities. As an example, a family who earns $600 per month pay roughly $180 for a month’s rent. The program is open to families and individuals. Preference is given to families and disabled and elderly persons over other singles. Housing data available indicates that the agency assists approximately 8,500 families with Housing Choice Vouchers. See Table 40 for details regarding households using the HCV program. Table 40: Housing Choice Vouchers (Riverside County) Housing Choice Vouchers Number of Families on Waiting List 68,000 Extremely Low Income (0-30% AMI) 6,375 Very Low Income (31-50% AMI) 2,125 Low Income (51-80% AMI) Not Available Families with Children Not Available Elderly Families Not Available Families with Disabilities Not Available Veterans Not Available Race: White Not Available Black Not Available Asian Not Available American Ind/Native Hawaiian Not Available Unknown/Multiple Not Available Hispanic Not Available Source: Housing Authority County of Riverside, (2023). Note: AMI Public Housing Income Limits: At HUD’s 80% Area Median Incomes (AMI) 1. Assisted Housing It is advised by HUD that program participants should consider a balanced approach when setting goals for overcoming the effects of contributing factors and related fair housing issues. A balanced approach may include, but is not limited to, undertaking place-based solutions to improve areas, as well as pursuing options to increase mobility for protected classes, as appropriate. Place-based strategies may include but are not limited to: (1) economic development and investments in high poverty neighborhoods that will Item 3A-61 improve conditions and thereby reduce disparities in access to opportunity between impacted neighborhoods and the rest of the jurisdiction; and (2) efforts to maintain and preserve the existing affordable rental housing stock, including HUD assisted housing, to help respond to the overwhelming need for affordable housing. Project Type Affordable Units Total Units Program One Quail Place Family 372 384 Palm Desert Housing Authority Desert Pointe Family 53 64 Palm Desert Housing Authority Neighbors Garden Apartments Family 23 24 Palm Desert Housing Authority Taos Palms Family 16 16 Palm Desert Housing Authority California Villas Family 135 141 Palm Desert Housing Authority Laguna Palms Family 46 48 Palm Desert Housing Authority Palm Village Apartments Family 35 36 Palm Desert Housing Authority Santa Rosa Apartments Family 20 20 Palm Desert Housing Authority The Pueblos Senior 15 15 Palm Desert Housing Authority Item 3A-62 Catalina Gardens Senior 72 72 Palm Desert Housing Authority Las Serenas Apartments Senior 149 150 Palm Desert Housing Authority Candlewood Apartments Senior 28 30 Palm Desert Housing Authority La Rocca Villas Senior 27 27 Palm Desert Housing Authority Carlos Ortega Villags Senior 71 72 Palm Desert Housing Authority Source: Housing Element of City of Palm Desert, 2021-2029. ACCESS TO OPPORTUNITIES Housing choice greatly depends on location, not only affordability. Adequate access to jobs and schools is imperative to households to function well in the local economy. Adequate public transportation, which includes easy and safe access to bus shelter, for example, may be required for some individuals and families to obtain access to jobs and schools. 1. Public Transit SunLine Transit Agency provides routes of bus service that serve the Coachella Valley. The service area includes Palm Desert, Coachella, Bermuda Dunes, Indian Wells, Cathedral City, North Shore, and Palm Springs. Route 1WV, Route 1EV, Route 4, Route 5, and Route 6 serve Palm Desert Mall. See the system map below. Item 3A-63 Figure 6: SunLine Transit Agency service system map, 2023. MAJOR EMPLOYERS According to the City’s Economic Development Department, employer locations are spread out through the City. For the purpose of this report, a major employer is defined as one with 500 or more employees. Item 3A-64 Top Employers Number of Employees JW Marriot-Desert Springs Resort and Villas 2,304 Universal Protection Services 1,500 Securitas-Security Service USA 700 Organization of Legal Pro's 501 Sunshine Landscape 500 Costco Wholesale 250 Bighorn Golf Club 250 Whole Foods Market 150 Source: City of Palm Desert, Housing Element 2021-2029 Table 43: Workforce by Industry # of Total Industry % Share Median earnings Agriculture, forestry, fishing and hunting, and mining 349 1.77% $60,900 Construction 1,799 9.10% $62,529 Manufacturing 594 3.00% $70,385 Wholesale trade 568 2.87% $101,310 Retail trade 2,494 12.61% $34,861 Transportation and warehousing, and utilities 423 2.14% $69,688 Information 441 2.23% $43,397 Finance and insurance, and real estate and rental and leasing 1,829 9.25% $46,625 Professional, scientific, and management, and administrative and waste management services 2,543 12.86% $61,984 Educational services, and health care and social assistance 3,667 18.55% $60,940 Item 3A-65 Arts, entertainment, and recreation, and accommodation and food services 3,374 17.06% $36,742 Other services, except public administration 1,049 5.31% $34,038 Public administration 643 3.25% $99,404 Total 19,773 100.00% Source: 2016-2020 ACS 5-Year Estimate Industry by Occupation for the Civilian Employed Population 16 Years and Older INDUSTRY BY SEX AND MEDIAN EARNINGS IN THE PAST 12 MONTHS (IN 2020 INFLATION-ADJUSTED DOLLARS) FOR THE Full-Time CIVILIAN EMPLOYED POPULATION 16 YEARS AND OVER PUBLIC SCHOOLS The Palm Desert area is serviced by two school districts: Palm Springs Unified and Desert Sands Unified. See below for the boundary map. Item 3A-66 Figure 7: Palm Desert Unified School District boundary map Figure 6 Item 3A-67 [This page has intentionally been left blank.]