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00 Agenda Packet 2023-04-13 (49MB)
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, April 13, 2023 2:00 p.m. Study Session 3:30 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person, and up to two Councilmembers may participate remotely. WATCH THE MEETING LIVE: Watch the City Council meeting live on the City’s website www.palmdesert.gov, 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, April 13, 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: March 23, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 45656 Mountain View Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Deborah Glickman Negotiating Parties: Fidelis Advisors Under Negotiation: Price and Terms 2. Property Description: 93.171 acre site located west of Portola Avenue and south of Gerald Ford Drive (APNs 694-310-002, 694-310-003, and 694-310-006) Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Deborah Glickman Negotiating Parties: Refuge Palm Desert, LLC Under Negotiation: Price and Terms 3. Property Description: Desert Willow Lot Pad B (APN 620-400-008, 023, 620-420-024) Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo Negotiating Parties: Desert Wave Ventures, LLC Under Negotiation: Price and Terms C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator: Todd Hileman/Andrea Staehle Other Party Negotiator: Palm Desert Employee Organization D. 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. AGENDA Thursday, April 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Trubee INSPIRATION: Mayor Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS A. INTRODUCTION OF CITY ENGINEER 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 CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of March 23, 2023. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for December 12 and December 28, 2022, and for the period of March 3 through March 30, 2023. C. ACCEPT CONTRACT NO. C43080 WITH SUPERIOR PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR THE 2022 CITYWIDE RESTRIPING PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 564-22) RECOMMENDATION: 1. Accept Contract No. C43080 with Superior Pavement Markings, Inc., of Cypress, California, for the 2022 Citywide Restriping as complete. 2. Authorize the City Clerk to file the Notice of Completion. AGENDA Thursday, April 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C38850 WITH WEST COAST ARBORISTS, INC., FOR ADDITIONAL ARBORICULTURAL SERVICES IN THE AMOUNT OF $150,000 (PROJECT NO. 933-23) RECOMMENDATION: 1. Approve Change Order No. 2 to Contract No. C38850 with West Coast Arborists for additional arboricultural services during FY 2022/23 in the amount of $50,000 and an additional $100,000 during FY 2023/24. 2. Authorize the City Manager or designee to review and execute change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335 for an amount not to exceed $75,000. 3. Authorize the City Manager to execute the change order. E. AUTHORIZE ADDITIONAL IMPROVEMENTS TO THE PALMA VILLAGE PARK IMPROVEMENTS PROJECT IN THE AMOUNT OF $210,727 (PROJECT NO. 959-23) RECOMMENDATION: 1. Authorize additional improvements to the Palma Village Park Improvements Project in the amount of $210,727. 2. Authorize the Finance Department to transfer $75,155 from Expense Account 4004256-4400100, and $135,572 from 4504164-4400100 to a project expense account. 3. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. F. AWARD A CONTRACT TO HORIZON PROFESSIONAL LANDSCAPE, INC., OF COACHELLA, CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 6 IN THE ANNUAL AMOUNT OF $127,776 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $70,000 (PROJECT NO. 906-24) RECOMMENDATION: 1. Award a three-year Contract to Horizon Professional Landscape, Inc., of Coachella, California, for Landscape Maintenance Area No. 6 in the annual amount of $127,776. 2. Authorize extra repair work and services in an annual amount not to exceed $70,000. 3. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute said agreement. AGENDA Thursday, April 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 G. AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 9 IN THE ANNUAL AMOUNT OF $357,434.40 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. 909-24) RECOMMENDATION: 1. Award a three-year Contract to Mariposa Landscapes, Inc., of Irwindale, California, for Landscape Maintenance Area No. 9 in the annual amount of $357,434.40. 2. Authorize extra repair work and services in an annual amount not to exceed $85,000.00. 3. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the said agreement. H. SECOND READING AND ADOPTION OF ORDINANCE NO. 1392 REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1392. I. ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENTS WITH DISTRIBUTORS OF OPIOIDS INCLUDING WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND ALLERGAN FINANCE, LLC/ALLERGAN LIMITED RECOMMENDATION: 1. Adopt Resolution opting into separate settlement agreements with opioid distributors and manufacturers including Walgreens Co., Walmart, Inc., CVS Health Corporation/CVC Pharmacy, Inc., Teva Pharmaceutical Industries Ltd., and Allergan Finance, LLC/Allergan Limited. 2. Authorize the City Manager to execute the Participation Agreements with the Settling Defendants, proposed California State Subdivision Agreement Regarding Distribution and Use of Settlement Funds with the Settling Defendants, and any other documents necessary to implement the action. J. APPROVE AMENDMENT NO 4 TO CONTRACT NO. C41690 WITH HR GREEN PACIFIC, INC., FOR ENGINEERING DESIGN REFERENCE MANUAL AND STANDARDS, NOT TO EXCEED $128,900 RECOMMENDATION: 1. Approve Amendment No. 4 to contract No C41690 with HR Green Pacific, Inc., for the Engineering Design Reference Manual and Standards, not to exceed $128,900. 2. Authorize the City Manager to execute Contract Amendment No. 4. AGENDA Thursday, April 13, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. DESERT WILLOW RESIDENT PROGRAM RECOMMENDATIONS AND OPTIONS TO RESOLVE CONCERNS IN 2023/24 FISCAL YEAR RECOMMENDATION: 1. Consider and authorize a change to the booking window time for all programs from 12AM to 7PM, to provide better accessibility to available tee times. 2. Consider and authorize an increase to the Champions Club membership to 72 players at $65. 3. Consider and authorize priority access to the Champions Club membership by offering a Loyalty/Tenure rewarded priority (members with 5 or more years of participation given right of first refusal) and remaining memberships offered via lottery. 4. Consider and authorize an increase to the Platinum Club booking window from 21 days to 60 days. 5. Consider and authorize leaving the Resident Card Program as is, no changes. 6. Authorize City Manager to review and amend programmatic changes on an annual basis and implement non-substantive changes in subsequent fiscal years. B. PROVIDE STAFF WITH DIRECTION ON MYLAR BALLOON ORDINANCE RECOMMENDATION: Provide staff with direction on mylar balloon ordinance. C. APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $78,480 WITH RISING REALTY PARTNERS FOR PROPERTY MANAGEMENT SERVICES AT THE PARK VIEW OFFICE COMPLEX LOCATED AT 73-710 AND 73- 720 FRED WARING DRIVE RECOMMENDATION: 1. Approve a Professional Services Agreement in the amount of $78,480 with Rising Realty Partners for property management services at the Park View Office Complex located at 73-710 and 73-720 Fred Waring Drive. 2. Declare Bell Properties non-responsive. 3. Authorize Finance Director to appropriate $10,000 to Account No. 5104195-4309200 from unobligated enterprise fund monies for FY 2022/2023. 4. Authorize the City Attorney to make non-substantive changes to the agreement. 5. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. D. APPROVE THE USE OF AN OUT OF STATE TRAVEL REQUEST FORM RECOMMENDATION: Approve the use of an Out of State Travel Request Form. AGENDA Thursday, April 13, 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. None. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, April 13, 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@palmdesert.gov. 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. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM 1. Access via www.palmdesert.gov/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.palmdesert.gov 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) 346-0611, 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.gov no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Assistant City Clerk From:kimffloyd@fastmail.com To:CouncilMeeting Comments Subject:Time to Move Palm Desert to Five Council Districts Date:Tuesday, April 4, 2023 1:09:42 PM Dear City Council Members and Staff, I have been a long time supporter of five city council districts to replace the at large voting of the past. Although the city council decided to move from at large voting to two city council voting districts to avoid litigation, I do not believe that this change took advantage of the opportunity to provide better representative to our voting citizens. Five districts will put most voters closer to their council member both geographically and for representation. As you know, in 2022 Palm Desert voters voted Yes in support of Measure B by 53% to establish 5 Districts, with each District electing a representative who lives in their District. It is time to move forward to five districts. We should be able to vote for our own District council member in 2024. Sincerely, Kim F Floyd 760-680-9479 From:Tony Morris To:CouncilMeeting Comments Subject:Five Districts Date:Monday, April 3, 2023 3:23:00 PM Dear Council Members: I am writing to Ask you, as a resident of Palm Desert, to please make it a priority to move forward on establishing 5 districts so that we in Palm Desert may vote for our own representative in the next election. Thank you for listening to the voters of Palm Desert! Sincerely, Anthony D. Morris From:Mary Morris To:CouncilMeeting Comments Subject:Five Districts Date:Monday, April 3, 2023 1:30:12 PM In the 2022 Election, Palm Desert voters voted Yes by 53% on Measure B to establish 5 Districts. As a resident of Palm Desert, I am writing to encourage you to make this a priority to move forward on establishing 5 districts so that we may vote for our own representative in the next election. Thank you for listening to the people of Palm Desert! Mary Morris Get Outlook for iOS From:Roberta Kay To:CouncilMeeting Comments Subject:5 Districts Date:Thursday, March 30, 2023 10:53:21 AM Dear City Council Members, We all know that in the last city election, Measure B passed. The voters of Palm Desert expressed their desire to move from two districts to five in order to more fairly represent the diverse population of our fair city. I urge you to move quickly to implement the wishes of the voters. Your constituent, Roberta Youtan Kay Palm Desert Greens Sent from my iPhone Boelzner and Associates Insurance Services Lic # 0B23565 www.boelzner.com 73-350 El Paseo Suite 107 P.O. Box 269 Palm Desert, Ca 92261 (760) 773-5671 fax (760) 773-5672 E-mail: info@boelzner.com April 4, 2023 Our business is located at the corner of Lupine and El Paseo and will be directly affected by this project. We have voiced our concerns over the past several months and wanted to make these following points again prior to final approval. We are opposed to the Lupine Plaza Project for the following reasons: We had the opportunity to have front row seats when the street was blocked off during Covid and here is what happened: 1. It had very little use 2. Garbage gathered there, assuming from homeless 3. It was a homeless gathering spot 4. Those visiting parked in our parking lot, even when there are signs saying it is private 5. It caused trouble for our employee and clients to gain access and leave our parking lot safely Our customers coming from El Paseo have to detour onto Sage and then come down the back alley which is full of POTHOLES to get to our parking lot. The Mexican restaurant has this alley partially blocked, sometimes completely blocked, many days of the week for their deliveries. The other option is to turn on San Pablo, going thru a VERY busy parking lot and that is even worse. Has anyone from the city ever driven these two detours to see how bad it is? Also, we have only two ways in and out now. This completely blocks one of the options and leaves us with only one entrance/exit onto a non-maintained alley. No one asked our opinion. We have voiced our concerns on deaf ears. Our Coble Building has 14 suites, made up of 12 owner and none are in favor of this project. This will greatly affect our customers and employees in a negative manner as well as the property value of our building. This is the wrong location. That part of Lupine has direct access from a very busy Highway 111. How about moving this to the other side of El Paseo? Less car traffic. The placement of this does not make sense. Why would you block access from 111 to El Paseo???? A final and VERY important note that we did not consider until our building was on fire in November. If Lupine Plaza was blocked off, the fire trucks would not have been able to be staged close to the part of the building that was burning for 6+ hours. This is also a safety concern. There were 20+ fire trucks that responded from all over and those closest to the fire were stationed on the corner you are wanting to block off. Boelzner and Associates Insurance Services Lic # 0B23565 www.boelzner.com 73-350 El Paseo Suite 107 P.O. Box 269 Palm Desert, Ca 92261 (760) 773-5671 fax (760) 773-5672 E-mail: info@boelzner.com This is not in the best interest of all concerned and is a complete waste of millions of dollars that could be spent elsewhere. PLEASE reconsider and don’t proceed with this project as it affects our safety and day to day business. We want to THRIVE, not be impeded by something so unnecessary. Sincerely, Josi Boelzner Josi Boelzner Owner, Boelzner and Associates Insurance Services. From:Josi Boelzner To:City Hall Mail Cc:GGREEN@allied-dp.com Subject:LUPINE PLAZA Date:Tuesday, April 4, 2023 11:59:29 AM Attachments:We sent you safe versions of your files.msg Lupine Plaza.docx Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Please give to all council members and the mayer Josi Boelzner Lic. #OE98599 Boelzner & Associates Insurance Services 73350 El Paseo # 107 Palm Desert, Ca 92260 (760) 773-5671 josi@boelzner.com This message is intended for the use of the person or entity which it is addressed and may contain information that is privileged and confidential. If you have received this message by error, please notify us immediately and destroy the related message. Medicare Disclaimer: We do not offer every plan available in your area. Any information we provide is limited to those plans we do offer in your area. Please contact Medicare.gov or 1-800- MEDICARE to get information on all of your options. Thursday, March 23, 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 2449, 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, March 23, 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. * Due to family care, Councilmember Harnik participated remotely. Absent: None. PLEDGE OF ALLEGIANCE: Mayor Kelly led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Pro Tem Quintanilla offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated that the City Council unanimously authorized negotiation of a lease for 73-710 Fred Waring Drive with Coachella Valley Association of Governments. PRESENTATIONS: A. PROCLAMATION – WATER CONSERVATION MONTH Mayor Kelly affirmed the City of Palm Desert’s commitment to water conservation; shared the Coachella Valley Water District’s information on steps residents could take to reduce their water usage. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. PROCLAMATION – WOMEN MAKING HISTORY Mayor Kelly and Mayor Pro Tem Quintanilla presented a Proclamation to Dr. Avisinia Rodriguez, Interim Assistant Dean at California State University, San Bernardino – Palm Desert Campus. Dr. Rodriguez thanked the City Council for the recognition and for its support of the Palm Desert campus. CITY MANAGER'S COMMENTS: MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: All councilmember reported on their attendance and participation in various meetings and events. Mayor Pro Tem Quintanilla encouraged residents to pa rticipate in the upcoming LifeStream mobile blood drive. Councilmember Trubee requested a presentation at a future City Council meeting regarding the operations and management of the Palm Desert Library. Mayor Kelly announced that March is Blood Disorder Awareness Month and encouraged residents to learn more about inheritable blood and bleeding disorders. NON-AGENDA PUBLIC COMMENTS: Dorian Whitney, Palm Desert resident, spoke in opposition to the Dsrt SURF project, citing concern for conservation, environmental and transportation impacts. Gregg Akkerman, Palm Desert resident, urged the City Council and its subcommittee to be transparent about their activities related to districting. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM KELLY, CARRIED 5-0, to approve the consent calendar. Councilmember Harnik noted her recusal on Item 1P. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve the Minutes of March 9, 2023. B. APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve warrants issued for the period of March 2, 2023, through March 10, 2023. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES C. APPLICATION FOR ALCOHOLIC BEVERAGE CONTROL LICENSES FOR GROCERY OUTLET INC, 72675 HIGHWAY 111, PALM DESERT MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file the application for Alcoholic Beverage License for Grocery Outlet, Inc. D. LETTER CALLING FOR RECONSIDERATION OF THE CLOSURE OF CHUCKAWALLA VALLEY STATE PRISON IN BLYTHE, CALIFORNIA MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to authorize the Mayor to sign a letter regarding the Salton Sea Management Program. E. LETTER REGARDING SALTON SEA MANAGEMENT PROGRAM MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1391. F. RECEIVE AND FILE LETTERS OF SUPPORT FOR THE UNIVERSITY OF CALIFORNIA, RIVERSIDE, COMMUNITY PROJECT FUNDING REQUESTS FOR CRITICAL MINERALS CHARACTERIZATION AND MICROGRID LIVING LABORATORIES AT THE PALM DESERT CAMPUS MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file the letters of support for the University of California, Riverside, Community Funding Requests for Critical Minerals Characterization and Microgrid Living Laboratories at the Palm Desert campus. G. UPDATE ON UNITE PALM DESERT FORGIVABLE LOANS AND REQUEST TO FORGIVE LOAN REPAYMENT FOR RECIPIENTS IN DEFAULT DUE TO UNFORESEEN CIRCUMSTANCES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Forgive loan repayments for Unite Palm Desert Loan recipients in default due to unforeseen circumstances. 2. Authorize the City Manager to approve such forgiveness. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES H. APPROVE AMENDMENT NO. 1 TO EXTEND CONTRACT NO. C36120 FOR LANCE, SOLL & LUNGHARD, LLP, TO PERFORM PROFESSIONAL AUDITING SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2023 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract No. C36120 with Lance Soll & Lunghard, LLP, to extend the term through June 30, 2024, for the Fiscal Year ending June 30, 2023, Audit Services. 2. Authorize Finance Director to negotiate other services that may be necessary during the extended period. 3. Authorize the City Manager to approve and execute amendment and any other documents necessary to effectuate the contract. I. AWARD OF CONTRACT NO. C44960 TO PFM ASSET MANAGEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Award Contract No. C44960, in substantial form, to PFM Asset Management to provide investment management and advisory services for a term of three (3) years with an option to renew for two (2) additional one-year periods based on satisfactory performance. 2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the action taken herewith. J. AUTHORIZE AND AWARD AN ADDITIONAL CONSTRUCTION MANAGEMENT SERVICE PROVIDER, MAAS COMPANIES, INC., CONTRACT NO. C44970, IN AN AGGREGATE AMOUNT NOT TO EXCEED $11,739,394 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Authorize and award an additional construction management service provider, MAAS Companies, Inc., Contract No. C44970, to support the completion of capital improvement projects. 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. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES K. APPROVAL OF EXPENDITURES FOR THE PALM DESERT 2023 INDEPENDENCE DAY CELEBRATION (CONTRACT NO. C44980) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Pre-approve and authorize expenditures in an amount not to exceed $80,000 from the FY 2023/24 Budget for production of the 2023 Independence Day Celebration event. 2. Approve Contract No. C44980A with Pyro Spectaculars, Inc., in substantial form for the fireworks display in the amount of $49,810 and authorize the City Manager to execute same. 3. Authorize the City Manager to execute any ancillary vendor contracts associated with production of the celebration, with the remainder of the requested $80,000, in a total amount not to exceed $30,190. L. DECLARE LISTED ITEMS AS SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE AS NECESSARY MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: declare specified office furniture items and outdated surveyor equipment as surplus property and authorize staff to dispose as deemed necessary. M. CONSIDER REQUEST BY JULEEN MCELGUNN TO APPROVE FEE WAIVER REQUEST FOR HISTORICAL SOCIETY ANNUAL PICNIC MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to approve fee waiver for Historical Society Annual Picnic at Civic Center Park including a temporary waiver for Section 11.01.140 (Amplified Sound in City Parks) of the City of Palm Desert Municipal Code. N. AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND THE SHERWIN- WILLIAMS COMPANY, FOR PURCHASE OF MATERIALS, SUPPLIES, AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES FOR FY 2023/2024 (HA) MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Authorize the use of Lowe’s Home Centers, Inc. for the purchase of materials, supplies, and appliances pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $220,000 (includes approximately $115,000 for the purchase of appliances and approximately $105,000 for materials and supplies). 2. Authorize the use of Home Depot U.S.A., Inc. for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $45,000. (City Council action continued on the next page) CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 6 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 3. Authorize the use of HD Supply Facilities Maintenance for the purchase of materials and supplies pursuant to Section 3.30.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $250,000. 4. Authorize the use of The Sherwin-Williams Company for the purchase of paint and supplies pursuant to Section 3.3 0.160(E) and 3.30.160(L) of the Palm Desert Municipal Code for FY 2023/2024 in an amount not to exceed $75,000. 5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning appliances as appropriate in accordance with EPA sta ndards and declare as surplus at the time of removal from the properties. O. APPROVE AMENDMENT NO. 4 TO CONTRACT NO. C40520 WITH MICHAEL BAKER INTERNATIONAL, INC., OF PALM DESERT, CALIFORNIA, IN AN AMOUNT NOT TO EXCEED $495,500 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 4 to Contract No. C40520 with Michael Baker International, Inc., of Palm Desert, California, in an amount not to exceed $495,500. 2. Appropriate $400,000 from Unassigned General Fund Reserve monies to Account No. 1104300-4301000. 3. Authorize the City Manager or their designee to execute said amendment. P. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C41380 WITH KIMLEY - HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $315,415 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553-20) Councilmember Harnik noted her recusal due to a financial conflict of interest. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 4-0 (COUNCILMEMBER HARNIK RECUSED), to: 1. Approve Amendment No. 2 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $315,415. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code for unforeseen circumstances. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 7 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Q. APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C43220 WITH FLOCK SAFETY FOR PHASE 2 OF A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION SYSTEM MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve Amendment No. 1 to Contract No. C43220 with Flock Safety, in substantial form, for phase 2 of a fixed location Automated License Plate Recognition (ALPR) system in the amount of $151,050 in the first year and $132,500 each year thereafter, subject to annual budget appropriation. 2. Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety. R. LETTER OF OPPOSITION TO SENATE BILL 423 MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to receive and file a letter of opposition to Senate Bill 423 regarding multifamily housing developments. EXCLUDED CONSENT CALENDAR: None. 2. ACTION CALENDAR: A. REQUEST FOR DIRECTION ON THE WALK AND ROLL PD IMPLEMENTATION PLAN (PROJECT NO. 565-21) Capital Improvement Program Manager Bowman narrated a PowerPoint presentation and responded to City Council inquiries. Dorian Whitney, Palm Desert resident, spoke on the importance of bicycle and pedestrian safety and urged the City Council to consider reducing three-lane roads to two-lanes. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to approve as proposed the Walk and Roll PD Implementation Plan dated March 3, 2023. B. APPROVE A PROFESSIONAL SERVICES AGREEMENT NO. C44990 IN THE AMOUNT OF $68,000 WITH STREETSENSE CONSULTING, LLC, FOR A MARKET STUDY OF THE VACANT PARCELS AT DESERT WILLOW GOLF RESORT Economic Development Director Ceja narrated a PowerPoint presentation , noted a correction to the contract amount from $63,000 to $68,000, and responded to City Council inquiries. CC, SARDA, & HA Meeting Minutes March 23, 2023 City of Palm Desert Page 8 ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM QUINTANILLA, CARRIED 5-0, to: 1. Approve a Professional Services Agreement No. C44990 with Streetsense Consulting, LLC, in the amount of $68,000, to conduct a market study to analyze the highest and best use for the vacant parcels located at the Desert Willow Golf Resort. 2. Authorize the City Manager to execute the agreement and make any amendments to the agreement as needed. C. INTRODUCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS (CC, SA, HA) Director of Finance Chavez narrated a PowerPoint presentation and responde d to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to waive further reading and pass to second reading. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. ADJOURNMENT: The City Council adjourned at 5:02 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-1 Item 1B-2 Item 1B-3 Item 1B-4 Item 1B-5 Item 1B-6 Item 1B-7 Item 1B-8 Item 1B-9 Item 1B-10 Item 1B-11 Item 1B-12 Item 1B-13 Item 1B-14 Item 1B-15 Item 1B-16 Item 1B-17 Item 1B-18 Item 1B-19 Item 1B-20 Item 1B-21 Item 1B-22 Item 1B-23 Item 1B-24 Item 1B-25 Item 1B-26 Item 1B-27 Item 1B-28 Item 1B-29 Item 1B-30 Item 1B-31 Item 1B-32 Item 1B-33 Item 1B-34 Item 1B-35 Item 1B-36 Item 1B-37 Item 1B-38 Item 1B-39 Item 1B-40 Item 1B-41 Item 1B-42 Item 1B-43 [This page has intentionally been left blank.] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Ryan Gayler, Capital Projects Manager REQUEST: ACCEPT CONTRACT NO. C43080 WITH SUPERIOR PAVEMENT MARKINGS, INC., OF CYPRESS, CALIFORNIA, FOR THE 2022 CITYWIDE RESTRIPING PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 564-22) RECOMMENDATION: 1.Accept Contract No. C43080 with Superior Pavement Markings, Inc., of Cypress, California, for the 2022 Citywide Restriping as complete. 2.Authorize the City Clerk to file the Notice of Completion. BACKGROUND/ANALYSIS: On June 23, 2022, the City Council awarded Contract No. C43080 to Superior Pavement Markings (Contractor), Inc., of Cypress, California for the 2022 Citywide Restriping Project. Construction began on September 8, 2022, and was completed on March 7, 2023. Staff has inspected the Contractor’s work and found said work to be complete and in accordance with the contract requirements. FINANCIAL IMPACT: The authorized budget and total expenditure for the Project was $446,370. There were no change orders needed for this project, and there is no financial impact regarding the acceptance of this project and filing of the Notice of Completion. REVIEWED BY: Department Director: Jess Culpeper Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Notice of Completion Item 1C-1 To be recorded with the Riverside County Recorder on or within 15 days after completion and acceptance by the City Council. NO RECORDING FEE PER SECTION 6103 OF THE GOVERNMENT CODE. APN 000-000-000 R/W NOTICE OF COMPLETION (Cal. Civ. Code § 9200 et seq. – Public Works) NOTICE IS HEREBY GIVEN: 1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260. 2. That the full name and address of the owner of said interest or estate is set forth in the preceding paragraph. 3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE. 4. That on the 7th day of March 2023 a work of improvement described as the 2022 Citywide Restriping Project, Project No. 564-22, Contract No. C43080, on the real property herein described was completed. 5. That the name of the original contractor, if any, for said work of improvement was: Superior Pavement Markings, Inc., 5312 Cypress Street, Cypress, CA 90630. 6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside, State of California, and is described as 73-510 Fred Waring Drive, Palm Desert, CA 92260. CITY OF PALM DESERT A MUNICIPAL CORPORATION Date: By: Kathleen Kelly, Mayor When recorded, return to: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 VERIFICATION I, Anthony J. Mejia, City Clerk of the City of Palm Desert, am authorized to execute and file this Notice of Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , ,20 , at, California. (Date of signature) (City where signed) __________________________________________________ (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Rev. March 2022 Item 1C-2 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C38850 WITH WEST COAST ARBORISTS, INC., FOR ADDITIONAL ARBORICULTURAL SERVICES IN THE AMOUNT OF $150,000 (PROJECT NO. 933-23) RECOMMENDATION: 1. Approve Change Order No. 2 to Contract No. C38850 with West Coast Arborists for additional arboricultural services during FY 2022/23 in the amount of $50,000 and an additional $100,000 during FY 2023/24. 2.Authorize the City Manager or designee to review and execute change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335 for an amount not to exceed $75,000. 3.Authorize the City Manager to execute the change order. Funds have been included in the appropriate City, Desert Willow, Assessment Districts, and Housing Authority budget accounts. BACKGROUND/ANALYSIS: On July 11, 2019, the City Council approved Contract No. C38850 for Arboricultural Services with West Coast Arborist, Inc., for a term of three years, with an option of two, one-year extensions. This contract consolidates several annual tree maintenance services such as palm tree pruning, broadleaf tree pruning, emergency removal, and tree planting work into one comprehensive contract. It also covers the City’s entire Urban Forest, which includes parks, medians, City-maintained properties, Desert Willow Golf Resort, and the Palm Desert Housing Authority properties. Neighboring cities such as Indio, Coachella, and Palm Springs adopted this unified tree maintenance model and have found this type of agreement beneficial. The term of the two, one-year contract extensions, which were executed under Amendment No. 1 in June of 2022, are set to expire on June 30, 2024. Strategic Plan: Parks & Recreation, Priority 1 states in part, “Prepare for the financial requirements of maintaining existing parks to the highest level of service.” Project Description: City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. Specifically, windstorm mitigation measures will be implemented to Item 1D-1 City of Palm Desert Change Order No. 2 To C38850 with West Coast Arborists Page 2 of 3 minimize excess palm frond and petiole debris, and relocation of Palm Trees at Fire Station 71 due to the installation of a grease and sand separator. In addition, the City will host its first Arbor Day celebration in several years at Civic Center Park on April 29, 2023. This event contributes to several special activities planned in 2023 to honor the City’s 50th Anniversary. The program includes planting “50 Trees for 50 Years” and allowing members of the public to participate in the planting of the final trees within Civic Center Park. These activities have created the need to increase the current contract amount for the current fiscal year by $35,000. The proposed increase to the FY 2023/24 contract amount will provide for an increased scope of services for annual palm tree pruning and hardwood tree pruning in City owned parks, medians, Desert Willow and Housing Authority Properties. Emergency work due to vandalism, accidents, and other unforeseen work will be performed on an as-needed and per-request basis. Under this contract, staff will issue work orders for maintenance and emergency repairs that detail the work to be performed and the timeframe to complete it following the pricing schedule listed in the proposal. This increase in contract activity is anticipated to require an additional $100,000 in funding, increasing the contract amount from $975,000 to $1,075,000 in FY 2023/24. FINANCIAL IMPACT: The approved Public Works Operations Budget for Fiscal Year 2022-23 includes $996,625 exclusively for tree maintenance. Upon approval, the contract amount for Year 1 of Amendment No. 1 will total $1,025,000; an increase to budget of $28,375. The increase per account is not significant; therefore, staff will reallocate funds from savings from other operational accounts and request no additional appropriation at this time. The following is a breakdown of the associated account: FY 2022-23 Account # Original Budget Original Contract Revised Budget/Contract Civic Center Park 1104610- $90,000 $90,000 $100,000 Parks 1104611- $105,000 $100,000 $110,000 Medians 1104614- $315000 $300,000 $310,000 Entrada del Paseo 1104614- $30,000 $30,000 $30,000 LLDs 200 Accounts $76,625 $75,000 $75,000 Fire Station 2304220-4400100 $0.00 $0 $15,000 Desert Willow Perimeter 4414195-4332000 $25,000 $25,000 $30,000 Desert Willow 4414195-4809200 $225,000 $225,000 $225,000 Housing Authority Authority’s Budget Accounts $130,000 $130,000 $130,000 TOTAL $996,625 $975,000 $1,025,000 Requested Budget Adjustment (from cost savings) $28,375 Requested Increase to 2022/23 Contract $50,000 *Current request Item 1D-2 City of Palm Desert Change Order No. 2 To C38850 with West Coast Arborists Page 3 of 3 The proposed Public Works budget for Fiscal Year 2023-24 includes a total of $1,075,000 for tree maintenance. Following this approval, the contract amount for Year 2 of Amendment No. 1 will total $1,075,000; therefore, no additional funds are necessary. The following is the breakdown of the budget for each account; however, this does not necessarily mean the full amount will be billed to each account: Account Amount Budget Civic Center Park 1104610-4337100 $110,000 Parks 1104611-4332001 $115,000 Medians 1104614-4332001 $340,000 Entrada del Paseo 1104614-4392101 $35,000 LLDs 200 Accounts $80,000 Desert Willow Perimeter 4414195-4332000 $40,0000 Desert Willow GR 4414195-4809200 $225,000 Housing Authority Authority’s Operating Budget Accounts $130,000 TOTAL 2023/24 Budget and Contract Request $1,075,000 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. C38850 Executed Amendment No. 1 2. Change Order No. 2 Item 1D-3 Contract No. C38850 AMENDMENT NO. 1 TO THE ARBORICULTURAL SERVICES BETWEEN THE CITY OF PALM DESERT AND WEST COAST ARBORISTS, INC. 1. Parties and Date. This Amendment No. 1 to the Arboricultural Services Agreement is made and entered into as of this 28'h day of April 2022, by and between the City of Palm Desert ("City") and West CoastArborists, Inc., a Corporation with its principal place of business at 21718 Walnut Avenue, Grand Terrance, California 92313 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Contractor have entered into an agreement entitled Arboricultural Services dated July 11, 2019 ("Agreement" or "Contract") for the purpose of retaining the services of Contractor to provide citywide arboricultural services. 2.2 Amendment. The City and Contractor desire to amend the Agreement to extend the contract term and add additional compensation. 2. 3 Amendment Authoritv. This Amendment No. 1 is authorized pursuant to Section No. 3 of the Agreement. 3. Terms. 3.1 ScoDe of Services and Term. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows: 3.1.2 Term. The term of this Agreement shall be from July 1, 2022, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3. 3 Fees and Pavments. Section 3.3 of the Agreement is hereby amended in its entirety to read as follow: 3.3.2 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" of the original agreement. The total compensation shall not exceed Nine Hundred Seventy -Five Thousand and 00/100 ($975,000) annually. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3. 2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. Item 1D-4 Contract No. C38850 3.3 Adecuate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3. 5 Counteroarts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 Item 1D-5 Contract No. C38850 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO ARBORICULTURAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND WEST COAST ARBORISTS, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Arboricultural Services Agreement as of the day and year first above written. CITY OF PALM IS L. Atte ted By: dY n ony J. N City Clerk INC. Patrick MahoneyName PYulftnt Title Wr41YlI= As T m: ' efudaqTitle Page 3 of 3 Item 1D-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Orange ) On 6/2/22 before me, Amelia Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahonev and Richard Mahoney Name(s) of Signer(s) 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 foregoi g paragraph is true and correct. 70 AMELIAMENZEL WITNESS my and nd offci seal. Notary Public - California Orange County Commission $ Z264351 My Comm Expires Apr 5, 2023 Signature Sianatu of No ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Corporate Officer — Title(s): President Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: WCA, Inc. Number of Pages: Signer's Name: Richard Mahoney 9 Corporate Officer — Title(s): Secretary Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: WCA. Inc 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1D-7 CITY OF PALM DESERT CONTRACT CHANGE ORDER Justification: Contract No / P.O. #: Change Order No.: Contingency: YES NO Account No.: Project No.: Vendor No.: Description of Changes Decrease In Contract Price Increase In Contract Price Totals: Net Change in Contract Price: Original Contract Amount: + Contingency: + Total Budget Amount: Less: Expend. / Encumb. To Date: - Less: This Change Order Amount: - Remaining for Project: Contingency: + Less: Prior Change Order(s): - Less: This Change Order: - Remaining of Contingency: __________________________________________________________ dollars and ___/100 (___________) Revised Contract Total: ___________________________ Contractor shall construct, furnish all supervision, labor, services, equipment, and materials, and perform all work necessary or required to fully complete the changes to the Contract described in this Change Order for the amount agreed upon between the Contractor and the City of Palm Desert (“City”). Contract Purpose: Contractor Name: Item 1D-8 Continued from Front Contract No. _________ Contract Change Order No. ___ Contract Time Extension: __________________________ Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the City from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the work covered by this Change Order. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the work under the Contract. This Change Order will become a supplement to the Contract and all provisions will apply hereto. 1. REQUESTED BY: ______________________ Department Director 2. ACCEPTED BY: ______________________ Contractor 3. CERTIFIED FUNDS AVAILABLE ______________________ Finance Director 4. APPROVED BY: ______________________ City Manager NOTE: No payments will be made prior to City Manager or Council approval QC: _____ Item 1D-9 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: AUTHORIZE ADDITIONAL IMPROVEMENTS TO THE PALMA VILLAGE PARK IMPROVEMENTS PROJECT IN THE AMOUNT OF $210,727 (PROJECT NO. 959-23) RECOMMENDATION: 1.Authorize additional improvements to the Palma Village Park Improvements Project in the amount of $210,727. 2.Authorize the Finance Department to transfer $75,155 from Expense Account 4004256- 4400100, and $135,572 from 4504164-4400100 to a project expense account. 3.Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: On April 14, 2022, the Council approved a resolution authorizing the submission of an application in the amount of $210,727 to the California Natural Resources Agency Department of Parks and Recreation (Per Capita Grant Program) to construct the Palma Village Park Improvements Project. The staff report, including the scope of work, can be found as Attachment 1. Following the application process, staff was informed that the City was awarded $210,727 in Per Capita Grant Program funds specifically for this project. The grant agreements can be found as Attachment 2. Following is a breakdown of the improvements that are programmed under this grant project: Description Vendor Amount Surveillance Cameras Qovo Solutions, Inc. $48,083 Park Furnishings To be determined $97,704 Shade Replacements Shade Structures, Inc. $27,140 Athletic Facilities Courtmaster Sports, Inc. $37,800 Total $210,727 While there is no cost to the City for this grant award and no matching funds are required, a budget appropriation is required to incur the initial cost of the project, since the funds are on a reimbursement basis. Therefore, staff requests the City Council’s approval for the finance department to create an expense account for this project in the amount of $210,727 funded by cost savings in the aforementioned accounts. Item 1E-1 FINANCIAL IMPACT: The Palma Village Park Improvements Project is included in the approved Capital Improvements Project List (CIP) for Fiscal Year 2022-23 using CDBG funds in the amount of $312,000. The total improvements programmed under this project total $741,187. Therefore, staff applied for and received a Per Capita Grant in the amount of $210,727 for Fiscal Year 2022-23 and included $220,000 under General Park Fund Account No. 1104618-4400100 in the proposed CIP List for Fiscal Year 2023-24 A breakdown of the proposed improvements is as follows: CDBG Projects Per Capita Grant Projects Total Lighting Improvements $118,606 Surveillance Cameras $48,083 Pavilion Furnishings $51,742 Park Furnishings $97,704 Landscape Improvements $141,652 Shade Replacements $27,140 Athletic Facilities $37,800 CDBG Total $312,000 Per Capita Total $210,727 $522,727 Additional Improvements: Shade Structure w/ Lighting $218,460 PROJECT TOTAL $741,187 Since the Per Capita Grant Program is based on reimbursement, a budget appropriation is necessary to incur the initial costs. Therefore, staff requests the transfer of funds from two accounts that have an available balance to a Palma Village Project Expense Account to minimize any additional financial impact on the general fund: Account Amount of Transfer 4004256-4400100 $75,155 4504164-4400100 $135,572 TOTAL $210,727 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Staff Report (April 14, 2022) 2. Grant Agreements (May 2, 2022) Item 1E-2 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 14, 2022 PREPARED BY: Shawn Muir, Management Analyst REVIEWED BY: Andy Ramirez, Deputy Director of Public Works REQUEST: Adopt Resolution No. 22-_______ of the City Council of the City of Palm Desert Authorizing the Submittal of an Application to the California Natural Resources Agency Department of Parks and Recreation for the Palma Village Park Improvements Project ___________________________________________________________________________ Recommendation By Minute Motion: 1) Waive further reading and adopt City Resolution No. 22-_____ a resolution of the City Council of Palm Desert authorizing the submittal of an application to the California Natural Resources Agency Department of Parks and Recreation for the Palma Village Park Improvements Project, and 2) Authorize the City Manager or his Designee to execute all documents that may be necessary to facilitate the application or award. Strategic Plan Objective A top priority of the City’s Envision Palm Desert Strategic Plan is to secure funding to sustain and enhance the community’s parks and recreation areas and activities. This request meets that objective by securing funding to update and enhance an existing park, Palma Village Park. If grant funding is awarded, the City will continue to further its goals by replacing aging park components and increasing safety and usability of the existing park for all ages. Executive Summary Approval of this request will authorize staff to submit an application for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 Per Capita Program. Under this program, the State of California allocated $210,727 in grant funding to the City of Palm Desert. There is a 20% match required if the site does not serve a severely disadvantaged community. Since Palma Village Park is located in a community that is classified as Severely Disadvantaged by the State of California, a match will not be required. The City will utilize the allocated grant funds to rehabilitate and preserve the existing park to benefit the community and enhance quality of life. Item 1E-3 Specifically, sidewalk lighting will be replaced with new LED lights, and overhead lighting will be upgraded to LED. In addition, park tables and benches will be replaced, and a new pavilion will be added. Background The California Natural Resources Agency, Department of Parks and Recreation contacted the Public Works Department on February 9, 2022, to make City staff aware that a $210,727 award had been allocated to the City; however, an application had not yet been submitted. This program originated from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. The General Per Capita Program amount is $185,000,000 and the Urban County Per Capita amount is $13,875,000. Eligible recipients include cities, eligible districts, counties, and regional park districts. Projects must be capital outlay for recreational purposes, either acquisition or development. The Per Capita Program does not use a competitive process to award funds; all cities and counties that apply and meet eligibility requirements will be funded. If approved by the City Council, the City will submit an application for available funding under the Per Capita Program and has identified improvements to Palma Village Park as an eligible project. A successful application will provide the City with a grant in the amount of $210,727. Per Capita funding may be used to create or rehabilitate parks and/or recreational facilities that demonstrate a benefit to the community and improve public recreation. The City will utilize the allocated grant funds to rehabilitate and preserve an existing park, Palma Village Park, in the most appropriate manner to ensure that the benefit of the award is maximized. Staff recommends approval of the attached resolution authorizing the submittal of the application to California Natural Resources Agency Department of Parks and Recreation in order to request grant funding under the Per Capita Program. Fiscal Analysis Per Capita Program funds can be used to supplement, not supplant, local revenues in existence as of June 5, 2018, for the purpose of public recreation. Since the grant funds will be utilized to serve a severely disadvantaged community, no match is required. There is no direct fiscal impact with the approval of this request. Item 1E-4 Item 1E-5 Resolution No. 2022-_____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA NATURAL RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION FOR PER CAPITA GRANT FUNDS FOR THE PALMA VILLAGE PARK IMPROVEMENTS PROJECT WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Desert, California, hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s); and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Palm Desert general or recreation plan (PRC §80063(a)), and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the [ ] will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. Item 1E-6 (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. PASSED, APPROVED, AND ADOPTED this 14th day of April 2022, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: ANTHONY J. MEJIA, MMC, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Item 1E-7 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION CEQA Compliance Certification GRANTEE: Project Name: Project Address: Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis: Date complete/expected to be completed Notice of Exemption (attach recorded copy if filed) Notice of Determination (attach recorded copy if filed) Other: If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency. Lead Agency Contact Information Agency Name: Contact Person: Mailing Address: Phone: ( ) Email: Certification: I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition. I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds. AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title FOR OGALS USE ONLY CEQA Document Date Received PO Initials NOE NOD Item 1E-8 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Per Capita Project Application Form PROJECT NAME REQUESTED GRANT AMOUNT $ PROJECT SITE NAME and PHYSICAL ADDRESS where PROJECT is located including zip code (substitute latitude and longitude where no street address is available) MATCH AMOUNT (if project is not serving a severely disadvantaged community) $ LAND TENURE ( all that apply) Owned in fee simple by GRANTEE Available (or will be available) under a ( ) year lease or easement NEAREST CROSS STREET Project Type (Check one) Acquisition Development COUNTY OF PROJECT LOCATION GRANTEE NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION Name (typed or printed) and Title Email address Phone GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Development PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name: Title: Item 1E-9 Notice of Exemption Appendix E Revised 2011 To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 County Clerk County of: __________________ ___________________________ ___________________________ From: (Public Agency): ____________________________ _______________________________________________ _______________________________________________ (Address) Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project: Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes No Signature: ____________________________ Date: ______________ Title: _______________________ Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Riverside Palma Village Park Improvement Project City of Palm Desert Palm Desert Riverside City of Palm Desert City of Palm Desert Section 15301. Existing Facilities. Class 1 Shawn Muir 760-776-66481 Print Form This project upgrades and enhances Palma Village Park by replacing existing sidewalk lighting with LED lights and upgrading overhead lights to LED. In addition, park tables and benches will be replaced, and a new pavilion will be added. This project meets the requirements of Title 14, Article 19, Section 15301 Class 1(d). The project was reviewed and analyzed and it was determined that there would be little or no impact to the environment or environmental resources due to the project scope confined within a previously developed City park. The proposed project does not change existing use or substantially alter the existing park features. Palma Village Park, 44550 San Carlos Ave, Palm Desert, CA 92260 Item 1E-10 11 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Application Packet Checklist GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET. An APPLICATION PACKET is not complete unless all items on the checklist are submitted. Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item Procedural Guide Page # Check when signed by AUTHORIZED REPRESENTATIVE Application Packet Page # Application Packet Checklist Digital file name: checklist.pdf Pg. 11 Pg. Application Digital file name: application.pdf Pg. 12 Pg. Development Project Scope/Cost Estimate, or Digital file name: devscope.pdf Pg. 19 Pg. Acquisition Requirements Digital file names: acqscope.pdf & acqdocs.pdf Pg. 14 Pg. Funding Sources Form Digital file name: fundingsources.pdf Pg. 20 Pg. Per Capita Match Calculator Digital file name: match.pdf Pg. 13 Pg. CEQA Compliance Certification Digital file name: ceqa.pdf Pg. 21 Pg. Land Tenure documentation Digital file names: ownership.pdf or nonownership.pdf Pg. 21 Pg. Sub-Leases or Agreements Digital file name: otheragreements.pdf Pg. 24 Pg. Site Plan Digital file name: siteplan.pdf Pg. 24 Pg. GHG Emissions Reduction Worksheet (at completion) Digital file name: emissions.pdf Pg. 24 Pg. Photos Digital file name: photos.pdf Pg. 24 Pg. Item 1E-11 - □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Development Project Scope/Cost Estimate Form GRANTEE: PROJECT Name Development project scope (Describe the project in 30 words or less): Project Scope Items all that apply: Install new Renovate existing Replace existing Recreation Element Pool, aquatic center, splash pad Trails or walking paths Landscaping or irrigation Group picnic, outdoor classrooms, other gathering spaces Play equipment, outdoor fitness equipment Sports fields, sports courts, court lighting Community center, gym, other indoor facilities Restroom, concession stand Other: Other: Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc. PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, permits, bid packages, CEQA); up to 25% of total PROJECT cost. $ Construction $ Total PROJECT cost $ Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT cost, see page 13) Less match -$ Total GRANT amount requested $ The GRANTEE understands that all elements listed on this form must be complete and open to the public before the final grant payment will be made. AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title 19 Item 1E-12 State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION 20 GRANTEE: PROJECT Name PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT is open to the public. PROJECTS will: •Be entirely funded by the GRANT, or •Require funds in excess of the GRANT. If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project. For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. The PROJECT will be entirely funded by the GRANT, or The PROJECT requires funds in excess of the GRANT: The SCOPE is the same as the scope of the larger project, or The SCOPE is a subset of a larger project, the scope of that larger project is: Larger project cost: $ Anticipated completion date: List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified. Funding Source Date Committed Amount Per Capita/State of California July 1, 2018 $ $ $ I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above- mentioned GRANT is true and correct to the best of my knowledge. AUTHORIZED REPRESENTATIVE Signature Date Print Name and Title Funding Sources Form Item 1E-13 PROJECT AREA STATISTICS PROJECT AREA MAP County Riverside Median Household Income $41,844 Agency Type Other Agency The project serves a Severely Disadvantaged Community. Match is NOT required. REPORT BACKGROUND The project statistics have been calculated based on half mile radius around the point location selected. Only park acres within the project area's half mile radius are reported. Population and people in poverty are calculated by determining the percent of any census block-groups that intersect with the project area. The project area is then assigned the sum of all the census block-group portions. An equal distribution in census block-groups is assumed. Rural areas are calculated at a census block level to improve results. Median household and per capita income are calculated as a weighted average of the census block- group values that fall within the project area. More information on the calculations is available on the methods page. DemographicsDemographics—American Community Survey (ACS) 5-year estimates 2014-2018; Decennial 2010 Census; the margin of error (MOE) was not analyzed. ParksParks—California Protected Areas Database 2020a CFF adjusted (6/2020) - more information at http://www.CALands.org. Parks and park acres area based on best available source information but may not always contain exact boundaries or all parks in specific locations. Parks are defined further in the 2015 SCORP (pg. 4). Users can send updated information on parks to SCORP@parks.ca.gov Project ID: 107465 Coordinates: 33.7238, -116.3799 Date: 2/10/2022 California State Parks Per Capita Match Calculator This is the Per Capita Match Report for the site you have selected. Please review to ensure that the pin lies within the boundaries of an existing or proposed park, and submit to OGALS with your Project Application. Park or Preserved Area Disadvantaged Community Severely Disadvantaged Community No Data SCORP Community FactFinder is a service of the California Department of Parks and Recreation www.parks.ca.gov SCORP Community FactFinder created by GreenInfo Network www.greeninfo.org in consultation with CA Dept. of Parks and Rec Item 1E-14 Item 1E-15 23 Land Tenure Checklist GRANTEE: PROJECT Name Page Required Item Type of agreement: For example: lease, joint powers agreement, easement, memorandum of understanding, etc. ____________________________________________________ Parties to the agreement (land owner must be public agency or utility) and date signed: Party Date Signed Term of the agreement: years Agreement end date: •Grant amounts up to $100,000 require at least 20 years of land tenure. •Grant amounts above $100,000 require at least 30 years of land tenure. •The land tenure requirement begins on July 1, 2018. Renewal option: Must include an option, which can be non-binding, for the GRANTEE to renew the agreement beyond the original 20 or 30 year term. Termination clause: Any of the following is acceptable: •No termination clause – the agreement is non-revocable. •Termination clause specifies the agreement is revocable only for cause. •The termination clause cannot allow the land owner to revoke the agreement without cause, i.e., at will. Site Control, Roles and Responsibilities should the GRANT be awarded, the agreement: •Authorizes the GRANTEE to proceed with the construction PROJECT. The GRANTEE may delegate construction to other entities. •Establishes when the general public can use the PROJECT and gives GRANTEE permission to operate the PROJECT site (such as scheduling recreational programs). The GRANTEE may delegate operational roles to other entities but is bound through the contract provisions to ensure full public access for the duration of the land tenure period. •Identifies which entity will maintain the PROJECT site. The GRANTEE may delegate maintenance to other entities but is bound through the contract provisions to ensure maintenance of the PROJECT site for the duration of the land tenure period. Item 1E-16 DE ANZA WA Y SANPASCUALAVESAN G O R G O N I O W A Y SAN CARLOS AVEDE ANZA W A Y DE ANZA WA Y SANPASCUALAVESAN G O R G O N I O W A Y SAN CARLOS AVEDE ANZA W A Y Palma Village Park I VICINITY MAP Item 1E-17 Item 1E-18 Item 1E-19 Item 1E-20 Item 1E-21 Item 1E-22 Item 1E-23 Item 1E-24 Item 1E-25 Item 1E-26 Item 1E-27 Item 1E-28 Item 1E-29 Item 1E-30 Item 1E-31 Item 1E-32 Item 1E-33 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Shawn Muir, Community Services Manager Randy Chavez, Deputy Director of Public Works REQUEST: AWARD A CONTRACT TO HORIZON PROFESSIONAL LANDSCAPE, INC., OF COACHELLA, CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 6 IN THE ANNUAL AMOUNT OF $127,776 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $70,000 (PROJECT NO. 906-24) RECOMMENDATION: 1. Award a three-year Contract to Horizon Professional Landscape, Inc., of Coachella, California, for Landscape Maintenance Area No. 6 in the annual amount of $127,776. 2. Authorize extra repair work and services in an annual amount not to exceed $70,000. 3. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute said agreement. BACKGROUND/ANALYSIS: Landscape Maintenance Area 6 (LMA 6) is one of the four high-frequency, service-based maintenance areas in the City. It consists of perimeter, median, and parkway landscape of the Desert Willow Golf Resort’s main roads. Desert Willow is host to a wide range of special events and activities, so it must be in peak condition at all times (see attached Vicinity Map). In previous years, the contract for this area was awarded to the lowest bidder; however, staff saw an increasing practice of contractors providing unrealistically low bids that subsequently defaulted. Therefore, staff consulted with the City Attorney to revise the bidding process from a low-bid selection to a service-based selection. This process evaluates not only cost, but also other factors such as experience, equipment, and qualified labor. Since then, the level of service and quality of maintenance has improved substantially. The current contract for Landscape Maintenance Area 6 is set to expire on June 30, 2023; therefore, a Request for Proposals was advertised, and on February 2, 2023, and staff received proposals from five vendors. A selection committee that included Community Development, Public Works, and Capital Projects staff members reviewed the proposals and ranked them as follows: Item 1F-1 Contractor Location Score Horizon Professional Landscape, Inc. Coachella, CA 90.67 Mariposa Landscapes, Inc. Irwindale, CA 81.33 Vintage Landscape, Inc. Bermuda Dunes, CA 78 Conserve LandCare Thousand Palms, CA 75 Universal Green, LLC. Desert Hot Springs, CA 36.33 The selection criteria included not only the aforementioned factors, but also the thoroughness of the proposal; the practicality of their work schedule; the cost for the base maintenance and cost for additional work. Following the review, the committee recommended awarding the contract to Horizon Professional Landscape. The contract is for a term of three years with an option of two, one-year extensions. Extra repair work and services cover unquantifiable activities necessary for landscape maintenance that are not part of the landscape maintenance contract. It includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance, and replacement of lighting equipment; emergency tree work; windstorm sand clean up; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. References: Horizon Professional Landscape currently maintains LMA 6 and 7 satisfactorily for the City and responds quickly to emergencies. Strategic Plan: The Parks and Recreation Priority 1 Goal is highlighted with this project. The Priority 1 Goal mandates that our park system be maintained in a high-quality state. FINANCIAL IMPACT: The Public Works proposed operating budget for Fiscal Year 2023/24 includes a total of $270,000 for the landscape maintenance of LMA 6. A total of $179,200 is reserved for the monthly maintenance of the Desert Willow Perimeter Landscaping on Country Club from Cook to Portola, on Portola from Country Club to Frank Sinatra, and on Frank Sinatra from Portola to Cook. The balance of $18,576 is specifically for the maintenance of the lower overflow parking lot. The total of the contract is $197,776 annually; therefore, upon budget approval there will be no further impact to the general fund beyond the contract amount. Location Account Budget Contract & Contingency Amount Balance Desert Willow Parking Lot 1104614-4337001 $20,000 $18,576 Desert Willow Perimeter 4414195-4332001 $250,000 $179,200 Total $270,000 $197,776 $72,224 REVIEWED BY: Department Director: Martin Alvarez Item 1F-2 Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Performance and Payment Bond 3. Contractor’s Proposal 4. Vicinity Map Item 1F-3 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 6 MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 13th day of April, 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 Horizon Professional Landscape, a CORPORATION, with its principal place of business at Coachella, CA (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Landscape Maintenance Area No. 6 project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1F-4 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Randy Chavez, Deputy Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Rafael Mendoza, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, Item 1F-5 including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per incident, per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Item 1F-6 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include Item 1F-7 contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Fidelity Coverage. (Reserved) (F) Cyber Liability Insurance. (Reserved (G) Pollution Liability Insurance. (Reserved) 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of Item 1F-8 subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to Item 1F-9 a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Item 1F-10 (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. Item 1F-11 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB), or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and Item 1F-12 free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty-Seven Thousand Seven Hundred Seventy Six Dollars ($127,776) annually without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.2.1 Retainer. (Reserved) 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City Item 1F-13 for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor Item 1F-14 shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Horizon Professional Landscape, Inc. 48727 Charlton Peak St. Coachella, CA 92236 Attn: Rafael Mendoza City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Item 1F-15 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. Item 1F-16 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Item 1F-17 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. (Reserved) [SIGNATURES ON NEXT PAGE] Item 1F-18 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HORIZON PROFESSIONAL LANDSCAPE, 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 HORIZON PROFESSIONAL LANDSCAPE, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1F-19 EXHIBIT “A” SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required to provide landscape and irrigation maintenance services for City of Palm Desert in accordance with the Contract Documents at the following locations: 2. LOCATION OF WORK 1. Desert Willow Perimeter Landscape located at 38995 Desert Willow Drive, Palm Desert, CA. 92260: • Perimeter landscape and native areas from curb and gutter to wall, excluding private developments. Perimeter streets include Portola Avenue, Desert Willow Court, Frank Sinatra Drive, Cook Street, Country Club Drive, and Market Place Drive. • Center medians and circle planter on Desert Willow Drive. • Desert Willow Drive parkway planters from curb and gutter to top of slope up to sidewalk or end of planter, and three (3) feet beyond back of sidewalk where sidewalk is not adjacent to curb. 2. Overflow Lots: Perimeter and native landscape in the overflow lots enclosed by Country Club Drive, Desert Willow Drive, the south side of Market Place Drive, and the curb to the east of the lots. Native parkway maintenance on the east/west street dividing the lots is also included. 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary manpower and equipment to maintain the areas listed in the specified locations at the level of maintenance and service defined by City of Palm Desert. The work shall include, but is not limited to, proper horticultural practices, as defined in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and hardscape structures as designated in the following specifications and per the Frequency Schedule. 3.1 Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment. 3.2 Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree maintenance, and irrigation operations and maintenance. Contractor Item 1F-20 shall provide personnel capable of effective verbal communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.3 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk-through inspection of the contract area. It is Contractor’s responsibility to identify to City of Palm Desert unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the walk-through. At City of Palm Desert’s discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with the successor Contractor on a “one-time only, extra-work” basis. After such corrections are made, the successor Contractor will be responsible for all contractual services. 3.4 Contractor shall replace, at no additional cost to City of Palm Desert for labor or materials, any plant or tree that dies beginning 30 days from commencement of the contract throughout the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise improper care. 3.5 Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated. 3.6 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergent and post-emergent. Fertilizers with pre- emergent and post-emergent will be supplied by Contractor and reimbursed by the City of Palm Desert at actual cost plus 15% mark-up. City of Palm Desert reserves the right to purchase Standard fertilizer. The application of fungicides will be performed outside the scope of this contract. 3.7 Monthly reports for irrigation, green waste and pesticide application shall be submitted no later than the first Monday of each month to rchavez@cityofpalmdesert.org or designee, for the preceding month. Monthly payments will not be processed until all required reports are received. 3.7.1 The Irrigation Monthly Report shall include, but not necessarily be limited to, the following: date, irrigation technician identification, site identification, controller and valve identification, description of service and/or repair, statement of plant material condition as relates to water needs, and a section for general notes or comments. 3.7.2 The Green Waste Monthly Report submittal shall include the green waste facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and address of the waste facility, the weight, and the City of Palm Desert’s name. 3.7.3 The Pesticide Application Monthly Report shall consist of a copy of the Item 1F-21 monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide applications made, a statement to that effect in the form of a letter or memorandum to City of Palm Desert. 4. SPECIFIC SERVICES TO BE PERFORMED 4.1 Plant Litter and Trash Abatement 4.1.1 Contractor shall remove and appropriately dispose of all plant litter or debris (broken branches, broken limbs, excessive leaf-drop); any debris and trash (e.g., paper, cans, bottles, broken glass; dog droppings, any other out-of-place or discarded items). 4.1.2 Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City of Palm Desert may provide trash bags). Contractor shall wipe surfaces clean with a non-toxic cleaning solution. 4.1.3 Contractor to remove trash and debris in the overflow lots on a weekly basis. 4.2 Pest Abatement 4.2.1 Gophers and ground squirrels will be abated by the Contractor and as directed by City staff. 4.2.2 Ants will be controlled on an as-needed basis, and is included in the scope of the contract. Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are encountered the Contractor shall report the discovery to the City of Palm Desert immediately. 4.2.3 Contractor shall immediately report any bee activity (swarms or hives) within all assigned areas. Bee removal is the responsibility of City of Palm Desert. 4.2.4 Aphids will be chemically controlled by the Contractor on trees and plant material that become infested, or as requested by City. Fruit set will be chemically controlled on olive trees. These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemical treatment and the schedule for its application must be reviewed and approved in advance by City of Palm Desert. City of Palm Desert, at its discretion, may require from Contractor all Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for all pesticide applications performed. Contractor will be responsible for material, labor, and equipment needed to perform work. Contractor shall also supply all labor and material to post as required by label, law, or as directed by City. Item 1F-22 4.2.5 Contractor shall provide eradication of all weeds. Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs, gutters, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees. 4.2.6 Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only. 4.2.7 Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred. 4.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work. 4.3 Plant Maintenance 4.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public. 4.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by City of Palm Desert and/or the contract documents. 4.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from City of Palm Desert within one week of notification. 4.3.4 The City of Palm Desert encourages contractors to familiarize themselves with the City of Palm Desert’s “Landscape Maintenance Guidelines” book. The book, intended to serve as a visual guide to contractors, also provides pruning techniques and a calendar for ideal maintenance timing. The City of Palm Desert may at its own discretion, alter time-lines or techniques and supply additional reference materials as the City of Palm Desert deems necessary. 4.3.5 Plant material will be pruned as needed, to keep plant material to scale based on the planter size, plant species, plant location and for safety purposes. The City of Palm Desert will work with the Contractor to determine appropriate size for each plant species. In addition, the Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers, as directed by the City of Palm Desert. 4.3.6 On occasion, high-profile areas will be seeded with wildflowers. City Item 1F-23 of Palm Desert staff will identify these areas to Contractor. It shall be Contractor’s responsibility to maintain and preserve these wildflower population areas. Contractor shall be responsible to replace any wildflowers disturbed or destroyed by any of Contractor’s maintenance activities. 4.3.7 Plant material installed by the Contractor shall be warrantied for a period of ninety days from the date of acceptance by the City’s Representative. 4.3.8 Contractor to keep native plant material five (5) feet away from the sidewalk, curb, and roadway at the overflow lots. 4.4 Tree Maintenance 4.4.1 All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance. 4.4.2 Contractor shall perform safety and sucker pruning on all trees (including palms) twelve feet (12) in height and under. Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6) feet of brown trunk or less. City of Palm Desert may request that a Certified Arborist be on site when Contractor’s staff safety prunes trees. 4.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is considered a hazard and upon notice from City of Palm Desert, Contractor must remove such limbs by close of business the same day. 4.4.4 Trees broken or damaged as a direct result of storm, wind, accident, vandalism, or structural failure shall be pruned and/or removed, upon City of Palm Desert’s request to Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost. 4.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date of the acceptance by the City’s Representative. 4.5 Turf Maintenance – (Reserved). Item 1F-24 4.8 Hardscape, and Decomposed Granite (DG) Planter Areas 4.8.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalks, curb, gutter and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule. 4.8.2 Sidewalk, curb, and gutter cleaning shall consist of removing debris from sidewalks and the curb and gutter, including the curb along medians, by blowing or sweeping, per the Frequency Schedule. Contractor shall monitor curb, gutter, drainage areas, and sidewalks daily and remove excess and unsightly debris. Blower throttle to be maintained at the lowest, practical setting possible. 4.8.3 Contractor shall rake planter areas. Contractor shall also rake underneath living plant material, unless directed not to do so by City of Palm Desert. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re- establish an appropriate grade to the satisfaction of City. 4.8.4 Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash monuments and signs, stained sidewalks, curbs, gutters, drains, bus shelter and benches, and miscellaneous hardscape fixtures monthly. The Contractor shall use, as directed by the City of Palm Desert, a scrub brush and a City of Palm Desert-approved non-toxic biodegradable cleaning agent to adequately clean the aforementioned items, as deemed acceptable by City of Palm Desert. Contractor will also remove any tape, banners, and party supplies from playground shelters, pavilions, and landscape furnishings in conjunction with the pressure washing duties. This process shall be considered as included in the contract lump sum bid price, and no additional compensation shall be allowed therefor. 4.8.5 Pressure washing, at a minimum pressure rating of 3000 PSI, at outdoor seating areas must include the use of a City of Palm Desert-approved non- toxic biodegradable cleaning agent. 4.8.6 Contractor shall remove litter and debris obstructing spillways and their associated drain grates. This activity shall take place according to the Frequency Schedule, and after a rain event as determined by City of Palm Desert staff. 4.9 Irrigation System Maintenance 4.9.1 The operation, maintenance, and scheduling of all irrigation controllers and attached sensors shall be the responsibility of Contractor. Contractor will make adjustments, per City’s recommendations within 48 hours of notice, to the controllers, sensor equipment, and schedules based on property microclimates, ET, rain events, and overseeding schedules. Contractor will Item 1F-25 schedule irrigation to provide adequate irrigation to plant material while conserving water as much as possible. NOTE: most irrigation systems are not Smart Controllers and will require manual adjusting. 4.9.2 Contractor to perform irrigation checks from the irrigation controller, a minimum of once every two weeks. During these checks, all valves are to be actuated from the controller. Irrigation check will be performed to ensure the system is operating correctly. Irrigation checks will be performed during times that will cause the least amount of overspray impact to vehicles and pedestrians. 4.9.3 All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion. Contractor to check coverage weekly. 4.9.4 Repairs or replacements to the irrigation system shall be made with like parts. 4.9.5 Contractual irrigation system maintenance includes all labor for system inspections, adjustments, controller programming, valve box and emitter cleaning and adjustments, identifying faults in the system, and all other work associated with irrigation inspection and maintenance. Contractor shall also inspect irrigation system when accidents or vandalism occurs. Should accidents or vandalism occur, the Contractor is to notify City of Palm Desert staff immediately and prior to the repair work. Any repair work outside of this scope will be considered extra work and paid according to the approved Price Sheet. Contractor shall bear the entire cost for repairs due to damage caused by the Contractor’s operation. Contractual Irrigation system maintenance shall include: 4.9.5.1 Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections. Automatic valves will be activated from the irrigation controller, not from the bleeder valve. Replacing faulty valves and actuators will be considered an extra. 4.9.5.2 The electrical circuit from the irrigation controller to the valve will be checked for proper operation. 4.9.5.3 Filter, filter screen, and filter valve box cleaning. 4.9.5.4 Lateral lines will be checked for breaks and leaks and will be flushed at least yearly and additionally when necessary to ensure proper system performance. 4.9.5.5 Contractual emission device and valve box checks, adjustments, and maintenance shall include: sprinkler head and valve box height adjustment, Item 1F-26 nozzle spray pattern adjustment, nozzle cleaning, bubbler head height adjustment and cleaning, tree well repair; and drip emitter cleaning. Installation of new or replacement emitters, bubblers, plugs, and caps shall be considered contractual. City will reimburse Contractor for cost of material with an allowable 15% mark-up. 4.9.5.6 The Contractor shall perform, at a minimum, a weekly visual irrigation Inspection, within the designated landscape maintenance area, for leaks, dry areas, and vandalism. Contractor shall take appropriate action to immediately stabilize the system. Such actions shall be reported to the City of Palm Desert within twenty-four (24) hours of discovery and performance of necessary repairs. 4.9.5.7 Contractor shall maintain an adequate supply of irrigation parts readily available to Contractor’s irrigation technician for making routine repairs of main and lateral lines two inch (2”) in diameter and smaller without leaving the irrigation site. 4.9.6 Non-contractual irrigation system repairs: 4.9.5.1 No non-contractual work will be initiated without an approved City of Palm Desert Work Order. 4.9.5.2 When irrigation system malfunction or damage is detected, the repair of which is non-contractual in nature, Contractor will flag the location and notify City of Palm Desert before the close of business the same work day. 4.9.5.3 Upon receipt of an approved Work Order, repairs to a non- operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order. 4.9.5.4 All repairs deemed non-contractual will be paid per the approved Price Sheet. 4.9.5.5 Labor will be billed per the rates under the Performance of Extra Work heading when Price Sheet is not applicable. 4.9.5.6 Mo Materials not listed on the Price Sheet will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion; materials may be supplied to Contractor by City of Palm Desert. 4.9.5.7 Contractor shall return to City of Palm Desert all irrigation parts that have been replaced when requested by City. 4.9.5.8 City of Palm Desert will perform regular inspections of irrigation systems, including controller irrigation check history, to ensure accuracy of Contractor’s irrigation reports. If discrepancies are found, City of Palm Desert shall consider this a performance deficiency. Item 1F-27 4.10 Light Inspections 4.10.1 Contractor shall perform twice monthly light checks on bollard, ground, accent, and landscape lights in the defined maintenance area. 4.10.2 Contractor shall discretely mark light fixtures that are not working and submit an electronic report, once inspection is performed, to City. Report to include location, quantity, and photo of fixture. Repairs to be performed by others. Contractor shall not perform any electrical work. Item 1F-28 EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1F-29 EXHIBIT “C” COMPENSATION PRICE TABLES CONTRACTOR'S PROPOSAL PRICE BY LOCATION Line Item Description Qty Unit of Measure Unit Cost Total 1 Desert Willow Perimeter Landscape, Main Road Medians, and Parkway Planters 12 Months $9,100.00 $109,200.00 2 Overflow Lots 12 Months $1,548.00 $18,576.00 Total $127,776.00 Item 1F-30 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Horizon Professional Landscape, Inc., (hereinafter referred to as the “Contractor”) an agreement for LANDSCAPE MAINTEANCE AREA No. 6 (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 February 2, 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, Horizon Professional Landscape, 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 annual sum of One Hundred Twenty-Seven Thousand Seven Hundred Seventy-Six DOLLARS, ($127,776.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1F-31 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1F-32 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1F-33 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1F-34 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1F-35 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed April 13, 2023 has awarded to Horizon Professional Landscape, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: LANDSCAPE MAINTENACE AREA No. 6 (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated February 2, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of One Hundred Twenty-Seven Thousand Seven Hundred Seventy-Six Dollars ($127,776.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement Item 1F-36 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1F-37 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1F-38 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1F-39 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1F-40 [This page has intentionally been left blank.] Item 1F-41 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 RESPONSE DEADLINE: February 24, 2023 at 1:30 pm Report Generated: Monday, February 27, 2023 HORIZON PROFESSIONAL LANDSCAPE INC Proposal CONTACT INFORMATION Company: HORIZON PROFESSIONAL LANDSCAPE INC Email: horizon4900@msn.com Contact: Rafael Mendoza Address: 48727 Charlton Peak St Coachella, CA 92236 Phone: (760) 333-9371 Website: N/A Submission Date: Feb 24, 2023 11:57 AM Item 1F-42 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Feb 16, 2023 7:59 AM by Rafael Mendoza QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. Item 1F-43 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 3 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Palm_Desert_Presentation[676][12705].docxLMA_6_PROPOSED_SCHEDULE.doc 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with an y Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any ove rhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged informa tion or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Item 1F-44 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 4 Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Iran Contracting Act Certification* (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Sect ion 2200 et seq.) is true and correct. Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the Califor nia Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the credit to provide goods or services in the energy sector in Iran. 4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 799029 Click to Verify Value will be copied to clipboard Item 1F-45 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 5 5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000534321 Click to Verify Value will be copied to clipboard 6. Type of Business* S Corporation (if corporation, two signatures are required) 7. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 8. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 9. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in partic ular, the insurance and indemnification provisions therein (or type "N/A"). N/A Item 1F-46 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 6 10. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. Resumes.docx 11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number RAFAEL MENDOZA PRESIDENT 48727 CHARLTON PEAK ST, COACHELLA, CA 92236 HORIZON4900@MSN.COM (760) 333-9371 ERIC MENDOZA LEE VICE-PRESIDENT 48727 CHARLTON PEAK ST, COACHELLA, CA 92236 ERIC.MENDOZA123@LIVE.COM (760) 989-8401 Item 1F-47 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 7 12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES CONTRACTOR'S PROPOSAL PRICE BY LOCATION Line Item Description Quantity Unit of Measure Unit Cost Total 1 Desert Willow Perimeter Landscape, Main Road Medians, and Parkway Planters 12 Months $9,100.00 $109,200.00 2 Overflow Lots 12 Months $1,548.00 $18,576.00 TOTAL $127,776.00 ADDITIONAL WORK PRICE SHEET Item cost to include prevailing wage labor, material, shipping, and turnkey installation. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Bowsmith SL200 Series Emitter 1 Each $3.00 $3.00 2 Rainbird Xeri Bug Emitter XBT-XX 1 Each $2.00 $2.00 3 Rainbird Xeri Bug Emitter 1/2" XBT-XX 1 Each $2.00 $2.00 4 Rainbird Polyflex Riser PFR/FRA 1 Each $1.00 $1.00 Item 1F-48 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total 5 Rainbird 1400 Series Bubblers 1 Each $5.00 $5.00 6 Schedule 80 Nipple 1 Each $1.00 $1.00 7 Rainbird Quick Coupler Valve 3-RC 3/4" 1 Each $60.00 $60.00 8 Rainbird Quick Coupler Valve 4-RC 1" 1 Each $80.00 $80.00 9 Rain Bird EFB- CP Series Valve 1" 1 Each $180.00 $180.00 10 1" Rain Bird Plastic valve in place (PEB) 1 Each $90.00 $90.00 11 1 1/2" Rain Bird Plastic valve in place 1 Each $180.00 $180.00 12 2” Rain Bird plastic valve in place (PEB) 1 Each $250.00 $250.00 13 Complete Rainbird XCZ-075 Kit 1 Each $90.00 $90.00 14 Complete XCZ-100 Kit 1 Each $95.00 $95.00 15 1 ½” Superior Globe Brass Valve 1 Each $250.00 $250.00 16 2” Superior Globe Brass Valve 1 Each $350.00 $350.00 17 Calsense Flow Meter 1.5" 1 Each $1,200.00 $1,200.00 18 1/2" Plug 1 Each $2.00 $2.00 19 1/2" Cap 1 Each $1.00 $1.00 20 Swing Joint Assembly Marlex 1/2" 1 Each $3.00 $3.00 Item 1F-49 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total 21 Swing Joint Assembly Marlex 3/4'" 1 Each $4.00 $4.00 22 Swing Joint Assembly Marlex 1" 1 Each $5.00 $5.00 23 Swing Joint Assembly Sch. 40 3/4" 1 Each $6.00 $6.00 24 Swing Joint Assembly Sch. 40 1" 1 Each $8.00 $8.00 25 Rainbird Solenoid 1 Each $65.00 $65.00 26 Valve Box Round Tan/Green 10" (Carson or approved equal) 1 Each $20.00 $20.00 27 Valve Box Standard Tan/Green 12"x17" (Carson or approved equal) 1 Each $50.00 $50.00 28 Valve Box Jumbo Tan/Green 13"x20" (Carson or approved equal) 1 Each $90.00 $90.00 29 1-Gallon Shrub Installed (standard stock) 1 Each $12.00 $12.00 30 5-Gallon Shrub Installed (standard stock) 1 Each $28.00 $28.00 31 15-Gallon Shrub Installed (standard stock) 1 Each $195.00 $195.00 32 24"-Box Tree Installed (standard stock) 1 Each $295.00 $295.00 33 Desert Gold Decomposed Granite (wetted and compacted) 1 Each $90.00 $90.00 34 Brimstone Decomposed Granite (wetted and compacted) 1 Ton $95.00 $95.00 35 Apache Brown Decomposed Granite (wetted and compacted) 1 Ton $160.00 $160.00 36 Indian Red Decomposed Granite (wetted and compacted) 1 Ton $195.00 $195.00 Item 1F-50 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-173 Landscape Maintenance Area No. 6 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 6 Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 37 California Gold Crushed Stone 1 Ton $180.00 $180.00 38 Baja Cresta Rubble 1 Ton $420.00 $420.00 39 Gray Cresta Rubble 1 Ton $160.00 $160.00 40 Cemented Cobble 1 100 sq. ft. $900.00 $900.00 41 Laborer 1 Hourly Rate $35.00 $35.00 42 Irrigator 1 Hourly Rate $45.00 $45.00 43 Foreman 1 Hourly Rate $40.00 $40.00 44 Supervisor 1 HourlyRate $45.00 $45.00 Item 1F-51 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Item 1F-52 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 HORIZON PROFESSIONAL LANDSCAPE INC. “Standing where others aim…” LIC: 799029 COACHELLA. CA PHONE: (760) 333-9371 Item 1F-53 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Cover Letter: Horizon Professional landscape Inc. is a company established in the Coachella Valley in 2001. We have been dedicating our work locally since then. The areas of work we cover range from general maintenance to landscape re- designs, most throughout the city of Palm Desert. After working for over 20 years in most cities of the Coachella Valley, we decided to narrow our radius of operation, establishing The City of Palm Desert at the center of all. We recognize the challenges the city faces when it comes to its intent and need for growth. The dedication, knowledge, and professionalism of the staff is admirable. Horizon Professional Landscape Inc. is currently maintaining Desert Willow Golf Course Perimeter (LMA 06) and LMA 07. We have crews working in Palm Desert every day with trucks and equipment ready to assist any emergency or request in need of fast attention. We hope to continue operating in Palm Desert and would like to thank you for the opportunity to submit our proposal for the Desert Willow Project. Respectfully, Rafael Mendoza Lee Rafael Mendoza President Item 1F-54 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 •Team Work •Knowledge •Quality •Guarantee Values •Honesty •Trust Principles •Customer Satisfaction •Response •Follow Up •Solutions •Proactivity Strenghts Item 1F-55 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 References: REFERENCES AGENCY AND CONTRACT CONTRACT SITE CONTRACT AMOUNT CONTRACT TERM FIRST YEAR CONTRACT CONTACT INFORMATION City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Desert Willow Golf Course Perimeter (LMA 6) Desert Willow Dr. Palm Desert, CA 92260 $106,740.00 One year renewable with 4 one-year extensions 2018-Present Miguel Garcia (760) 406-3484 City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Landscape Maintenance Area 7 $132,420.00 One year renewable with 4 one-year extensions 2021-Present Miguel Garcia (760) 406-3484 Greenwood & McKenzie 440 First Street, Ste 201 Tustin, CA 92780 Village Plaza HWY 11 & Village Ctr Dr Indian Wells, CA 92210 $47,520.00 One year renewable 2002-Present Matt Anderson (714) 544-4603 Item 1F-56 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Ocean Properties 1919 Grand Ave Ste 2A San Diego, CA 92109 ONE EL PASEO PLAZA El Paseo and HWY 111 Palm Desert, CA 92260 $28,800.00 One year renewable 2004-Present Sam Rasmussen (619) 997-6828 Item 1F-57 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Mission statement: Here at Horizon Professional landscape Inc, we believe that customer service is key to maintaining an excellent work relationship with our clients. We aim to provide the same professionalism and dedication to all our projects with integrity and honesty as our building blocks. Item 1F-58 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Crew: Rafael Mendoza, President Over 30 years in the Landscape industry. I have worked for large companies as a field supervisor and Project Manager, in charge of six crews maintaining commercial projects and a tree pruning crew. In charge of customer satisfaction, sales, and Landscape Design. I am a certified Landscape Technician, trained in tree pruning, and hold a QAL for landscape management. Item 1F-59 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Eric Mendoza Lee, Irrigation Technician Eric is a new addition to the company; he has been with Horizon Professional Landscape Inc for over a year. He has received training in Irrigation and is currently on the path to become a Certified Landscape Technician. Eric also holds a Qualified Applicator License Category B for Landscape Management. Item 1F-60 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Julian Gonzalez, Foreman With over 20 years of working for Horizon Professional Landscape Inc, Julian is experienced in his field. As foreman, he maintains commercial projects. Item 1F-61 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Vicente Ayala, Foreman Back-up/Crew Vicente has been working at Horizon Professional Landscape Inc for over 18 years as a Foreman Back-up and crew helper. He is very dedicated to what he does, and his experience and knowledge reflect on the quality of his work. Item 1F-62 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Daniel Aguayo, Foreman Daniel has been with the company for 4 years. His focus is Desert willow. He has been maintaining Desert Willow since he joined us and knows the area well. If anything happens, he is there to take care of it. Item 1F-63 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Gabriel Carcamo, Crew Gabriel is the newest addition to our team. He has over 30 years of experience in landscaping. Even though Gabriel joined the team recently, he brings a lot of knowledge and abilities to assist us in making our landscapes look clean. Gabriel will be stationed at Desert Willow, picking up trash and detailing. Item 1F-64 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Emilio Parada, Crew Emilio has been part of Horizon for 17 years. He has over 30 years of experience in Landscape management and is an essential part of the crew. He knows the job well. Emilio specializes in special projects. He has a good sense of direction when on the job. Item 1F-65 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Work Experience Examples: One El Paseo Plaza: This is an example of a redesign made on a commercial building in El Paseo. This showcases the quality of work as well as our ability to choose a design that makes the area stand-out. It is a demonstration of our vision based on the client’s request. Item 1F-66 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Country Club Rehabilitation: This a was a complete redesign. The placement of the rocks, the type of plants, position of the plants, and installation of new lights were performed by our crew. Item 1F-67 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 Item 1F-68 HORIZON PROFESSIONAL LANDSCAPE INC “Standing where others aim…” Coachella, CA PH: (760)-333-9371 Lic# 799029 We have performed a wide range of work throughout the Desert Cities. Our focus is commercial work. We have the equipment necessary to get any job done. Item 1F-69 Rafael Mendoza, Supervisor/Irrigation Tech/Pesticide Licensed -Over 30 years in the Landscape industry. -Worked for large companies as a field supervisor and Project Manager, in charge of six crews, maintaining commercial projects and a tree pruning crew. -Experience in customer satisfaction, sales, and Landscape Design. -Certified Landscape Technician -Trained in tree pruning -QAL for landscape management. -Over 30 years of experience in Irrigation. Will be available every day at Desert Willow for inspection and repairs. Item 1F-70 Eric Mendoza Lee, Supervisor, Irrigation/Spray Tech -2 years of experience in landscape management. -Enrolled in school to become a Certified Landscape Technician. -Qualified Applicator License Category B for Landscape Management. Will be available every day at Desert Willow for inspection and repairs, with the necessary parts at hand. Item 1F-71 Vicente Ayala, Foreman -18 years of experience as a Foreman Back-up and crew helper with the company. -Vicente will be stationed at Desert Willow as our Foreman. Item 1F-72 Daniel Aguayo, Foreman -Over 5 years of experience in landscape management with our company. -Daniel has been maintaining Desert Willow since he joined us and knows the area well. If anything happens, he is there to take care of it. Daniel will be stationed at Desert Willow. Item 1F-73 Gabriel Carcamo, Crew -Gabriel is the newest addition to our team. -Over 30 years of experience in landscaping. Gabriel is also stationed at Desert Willow, picking up trash and detailing. Item 1F-74 Item 1F-75 [This page has intentionally been left blank.] Item 1F-76 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Shawn Muir, Community Services Manager Randy Chavez, Deputy Director of Public Works REQUEST: AWARD A CONTRACT TO MARIPOSA LANDSCAPES, INC., OF IRWINDALE, CALIFORNIA, FOR LANDSCAPE MAINTENANCE AREA NO. 9 IN THE ANNUAL AMOUNT OF $357,434.40 PLUS REPAIR WORK AND SERVICES FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. 909-24) RECOMMENDATION: 1. Award a three-year Contract to Mariposa Landscapes, Inc., of Irwindale, California, for Landscape Maintenance Area No. 9 in the annual amount of $357,434.40. 2.Authorize extra repair work and services in an annual amount not to exceed $85,000.00. 3.Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4.Authorize the City Manager to execute the said agreement. BACKGROUND/ANALYSIS: Landscape Maintenance Area 9 (LMA 9) is one of the four high-frequency, service-based maintenance areas in the City including: •Medians on El Paseo, Baja Park, and Entrada del Paseo Complex •San Pablo Phase 1 & 2 parkway planters, medians, and roundabouts •Alessandro Alley, Portola Community Center, and Historical Society of Palm Desert These areas host a wide range of special events and activities, so they must be in peak condition at all times. In previous years, the contract for this area was awarded to the lowest bidder; however, staff saw an increasing practice of contractors providing unrealistically low bids that subsequently defaulted. Therefore, staff consulted with the City Attorney to revise the bidding process from a low-bid selection to a service-based selection. This process evaluates not only cost, but also other factors such as experience, equipment, and qualified labor. Since then, the level of service and quality of maintenance has improved substantially. The current contract for Landscape Maintenance Area 9 is set to expire on June 30, 2023; therefore, a Request for Proposals was advertised, and on February 2, 2023, and staff received proposals from three vendors. A selection committee that included Community Development, Public Works, and Capital Projects staff members reviewed the proposals and ranked them as follows: Item 1G-1 City of Palm Desert Award Contract to Mariposa Landscapes, Inc., for LMA 9 Page 2 of 3 Contractor Location Score Mariposa Landscapes, Inc. Irwindale, CA 90.67 Vintage Landscape, Inc. Bermuda Dunes, CA 82.33 Conserve LandCare Thousand Palms, CA 74.67 The selection criteria included not only the aforementioned factors, but also the thoroughness of the proposal, the practicality of their work schedule, the cost for the base maintenance, and cost for additional work. Following the review, the committee recommended awarding the contract to Mariposa Landscapes. The contract is for a term of three years with an option of two, one-year extensions. Extra repair work and services cover unquantifiable activities necessary for landscape maintenance that are not part of the landscape maintenance contract. It includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; windstorm sand clean up; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. References Mariposa Landscapes currently maintains LMA 1 and 9 satisfactorily and has responded quickly to emergencies. Strategic Plan: The Parks and Recreation Priority 1 Goal is highlighted with this project. The Priority 1 Goal mandates that our park system be maintained in a high-quality state. FINANCIAL IMPACT: The Public Works proposed operating budget for Fiscal Year 2023/24 includes a total of $445,000 for the monthly landscape of LMA 9, including extra work and repairs. The total of this contract including extra work is $442,434.40 annually; therefore, upon budget approval there will be no further impact to the general fund beyond the contract amount. Location Account Budget Contract Amount Remaining Budget LMA 9 – Monthly Maint 1104614-4337001 $300,000 $296,944.80 LMA 9 – Extra Work $50,000 $53,000.00 Entrada – Monthly Maint 1104614-4392101 $70,000 $60,489.60 Entrada – Extra Work $25,000 $32,000.00 Totals $445,000 $442,434.40 $2,565.60 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 1G-2 City of Palm Desert Award Contract to Mariposa Landscapes, Inc., for LMA 9 Page 3 of 3 ATTACHMENTS: 1. Agreement 2. Performance & Payment Bond 3. Contractor’s Proposal 4. Vicinity Map Item 1G-3 Contract No. ___________ 1 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 9 MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 13th day of April, 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 Mariposa Landscapes, Inc., a CORPORATION with its principal place of business at Irwindale, CA (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Landscape Maintenance Area No. 9 project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the Item 1G-4 Contract No. ___________ 2 means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Randy Chavez, Deputy Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Terry Noriega, President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions Item 1G-5 Contract No. ___________ 3 which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per incident, per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Item 1G-6 Contract No. ___________ 4 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. 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. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Item 1G-7 Contract No. ___________ 5 (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Fidelity Coverage. (Reserved) (F) Cyber Liability Insurance. (Reserved (G) Pollution Liability Insurance. (Reserved) 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. Item 1G-8 Contract No. ___________ 6 City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits Item 1G-9 Contract No. ___________ 7 maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Item 1G-10 Contract No. ___________ 8 (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The Item 1G-11 Contract No. ___________ 9 surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or Item 1G-12 Contract No. ___________ 10 warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Fifty-Seven Thousand Four Hundred Thirty-Four Dollars and Forty Cents, ($357,434.40) annually, without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.2.1 Retainer. (Reserved) 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is Item 1G-13 Contract No. ___________ 11 entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective Item 1G-14 Contract No. ___________ 12 agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Mariposa Landscapes, Inc. 6232 Santos Diaz Street Irwindale, CA 91702 Attn: Larry Rudd City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. Item 1G-15 Contract No. ___________ 13 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. Item 1G-16 Contract No. ___________ 14 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Item 1G-17 Contract No. ___________ 15 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. (Reserved) [SIGNATURES ON NEXT PAGE] Item 1G-18 Contract No. ___________ SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND MARIPOSA LANDSCAPES, 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 MARIPOSA LANDSCAPES, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1G-19 Contract No. ___________ Exhibit “A” EXHIBIT “A” SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required to provide landscape and irrigation maintenance services for the City of Palm Desert in accordance with the Contract Documents at the following locations: 2. LOCATION OF WORK 1. Entrada del Paseo Complex located at the corner of Highway 111 and El Paseo/Painters Path (does not include Cuistot or La Spiga restaurants): • Eric Johnson Gardens • Palm Springs Art Museum • Henderson Community Center 2. CAM area at Entrada del Paseo Complex located at the corner of Highway 111 and El Paseo/Painters Path. This area includes all landscaped areas remaining in complex not listed above. 3. Baja Park located on the north side of Fred Waring Drive from San Pascual Avenue to Florine Avenue. 4. El Paseo Medians from Highway 111 West to Highway 111 East. 5. San Pablo Avenue Medians from Highway 111 to Magnesia Falls Drive, including: • Roundabouts • East and west parkway planters, up to walls, sidewalk or other defined border. • Cleaning of site amenities such as picnic areas, exercise equipment, hardscape, and other furnishings. 6. Alessandro Alley Landscape on the north side of the alley from Las Palmas Avenue to San Marcos Avenue. 7. Historical Society of Palm Desert: 72-861 El Paseo 8. Portola Community Center: 45-480 Portola Avenue 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary manpower and equipment to maintain the areas Item 1G-20 Contract No. ___________ Exhibit “A” listed in the specified locations, at the level of maintenance and service defined by City of Palm Desert. The work shall include, but is not limited to, proper horticultural practices, as defined in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape materials and hardscape structures as designated in the following specifications and per the Frequency Schedule. 3.1 Contractor shall provide appropriate equipment and labor for the execution of all maintenance activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment. 3.2 Contractor shall provide personnel fully trained in all phases of landscape maintenance, tree maintenance, and irrigation operations and maintenance. Contractor shall provide personnel capable of effective verbal communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.3 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk-through inspection of the contract area. It is Contractor’s responsibility to identify to City of Palm Desert unacceptable conditions with plant material, trees, and/or irrigation systems at the time of the walk-through. At City of Palm Desert’s discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or with the successor Contractor on a “one-time only, extra-work” basis. After such corrections are made, the successor Contractor will be responsible for all contractual services. 3.4 Contractor shall replace, at no additional cost to City of Palm Desert for labor or materials, any plant or tree that dies beginning 30 days from commencement of the contract throughout the term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or otherwise improper care. 3.5 Contractor shall remove debris caused by all maintenance activities, including pruning and tree maintenance, on the same working day that such debris is accumulated. 3.6 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergent and post-emergent. Fertilizers with pre- emergent and post-emergent will be supplied by Contractor and reimbursed by the City of Palm Desert at actual cost plus 15% mark-up. City of Palm Desert reserves the right to purchase Standard fertilizer. The application of fungicides will be performed outside the scope of this contract. Item 1G-21 Contract No. ___________ Exhibit “A” 3.7 Monthly reports for irrigation, green waste and pesticide application shall be submitted no later than the first Monday of each month to rchavez@cityofpalmdesert.org or designee, for the preceding month. Monthly payments will not be processed until all required reports are received. 3.7.1 The Irrigation Monthly Report shall include, but not necessarily be limited to, the following: date, irrigation technician identification, site identification, controller and valve identification, description of service and/or repair, statement of plant material condition as relates to water needs, and a section for general notes or comments. 3.7.2 The Green Waste Monthly Report submittal shall include the green waste facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and address of the waste facility, the weight, and the City of Palm Desert’s name. 3.7.3 The Pesticide Application Monthly Report shall consist of a copy of the monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no pesticide applications made, a statement to that effect in the form of a letter or memorandum to City of Palm Desert. 4. SPECIFIC SERVICES TO BE PERFORMED 4.1 Plant Litter and Trash Abatement 4.1.1 Contractor shall remove and appropriately dispose of all plant litter or debris (broken branches, broken limbs, excessive leaf-drop); any debris and trash (e.g. paper, cans, bottles, broken glass; dog droppings, any other out-of-place or discarded items). 4.1.2 Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City of Palm Desert may provide trash bags). Contractor shall wipe surfaces clean with a non-toxic cleaning solution. 4.2 Pest Abatement 4.2.1 Gophers and ground squirrels will be abated by the Contractor and as directed by City staff. 4.2.2 Ants will be controlled on an as needed basis and is included in the scope of the contract. Red Imported Fire ant control is outside the scope of this contract. If Red Imported Fire ants are encountered the Contractor shall report the discovery to the City of Palm Desert immediately. 4.2.3 Contractor shall immediately report any bee activity (swarms or hives) Item 1G-22 Contract No. ___________ Exhibit “A” within all assigned areas. Bee removal is the responsibility of City of Palm Desert. 4.2.4 Aphids will be chemically controlled by the Contractor on trees and plant material that become infested, or as requested by City. Fruit set will be chemically controlled on olive trees. These trees are located adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and use. Any recommended chemical treatment and the schedule for its application must be reviewed and approved in advance by City of Palm Desert. City of Palm Desert, at its discretion, may require from Contractor all Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for all pesticide applications performed. Contractor will be responsible for material, labor, and equipment needed to perform work. Contractor shall also supply all labor and material to post as required by label, law, or as directed by City. 4.2.5 Contractor shall provide eradication of all weeds. Areas to be weeded include planters, gravel and decomposed granite areas, sidewalks, curbs, gutters, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees. 4.2.6 Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only. 4.2.7 Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred. 4.2.8 Weeds in turf areas will be managed on an as-needed basis and shall be considered extra work. 4.3 Plant Maintenance 4.3.1 All plant material in the public right-of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public. 4.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches, or foliage left on an otherwise healthy plant for more than one month, unless otherwise directed by City of Palm Desert and/or the contract documents. 4.3.3 Dead or weather-damaged plant material shall be pruned or removed under direction from City of Palm Desert within one week of notification. 4.3.4 The City of Palm Desert encourages contractors to familiarize Item 1G-23 Contract No. ___________ Exhibit “A” themselves with the City of Palm Desert’s “Landscape Maintenance Guidelines” book. The book, intended to serve as a visual guide to contractors, also provides pruning techniques and a calendar for ideal maintenance timing. The City of Palm Desert may at its own discretion, alter time-lines or techniques and supply additional reference materials as the City of Palm Desert deems necessary. 4.3.5 Plant material will be pruned as needed, to keep plant material to scale based on the planter size, plant species, plant location and for safety purposes. The City of Palm Desert will work with the Contractor to determine appropriate size for each plant species. In addition, the Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and groundcovers, as directed by the City of Palm Desert. 4.3.6 On occasion, high-profile areas will be seeded with wildflowers. City of Palm Desert staff will identify these areas to Contractor. It shall be Contractor’s responsibility to maintain and preserve these wildflower population areas. Contractor shall be responsible to replace any wildflowers disturbed or destroyed by any of Contractor’s maintenance activities. 4.3.7 Plant material installed by the Contractor shall be warrantied for a period of ninety days from the date of acceptance by the City’s Representative. 4.3.8 Contractor will be responsible for bedding plant removal and planting, twice a year. Contractor to provide all necessary labor and equipment to complete the task within five (5) working days. Approximately 900 flats of 4” flowerpots are planted in the fall, and approximately 400 flats of 36 pony packs are planted in the spring. 4.4 Tree Maintenance 4.4.1 All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines, the American National Standards Institute (ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the Tree Pruning Ordinance. 4.4.2 Contractor shall perform safety and sucker pruning on trees (including palms) twelve feet (12) in height and under. Contractor shall prune fronds, flowers, and seed pods on all palms that have six (6) feet of brown trunk or less. City of Palm Desert may request that a Certified Arborist be on site when Contractor’s staff safety prunes trees. 4.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade. Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or detached limb is considered a hazard and upon notice from City of Palm Desert, Contractor must remove such limbs by close of Item 1G-24 Contract No. ___________ Exhibit “A” business the same day. 4.4.4 Trees broken or damaged as a direct result of storm, wind, accident, vandalism, or structural failure shall be pruned and/or removed, upon City of Palm Desert’s request to Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor. Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost. 4.4.5 Trees planted by the Contractor shall be warrantied for a period of one-year from the date of the acceptance by the City’s Representative. 4.5 Turf Maintenance – General. 4.5.1 All turf areas must be mowed in a manner that provides for the adequate an safe use of each facility for its intended purpose. 4.5.2 Bermuda grass will be mowed at ¾” height during the active-growth period. 4.5.3 Rye grass will be mowed at 1” height starting with the first cut after over-seeding and continuing until spring when the Bermuda grass becomes active. 4.5.4 Turf clippings are to be removed after each mowing. Mulch type mowers will not be allowed. 4.5.5 Detailing and edging of turf shall be performed using a string trimmer and edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, behind backstops, drainage areas, and bare areas in planters. Only an edger shall be used on, but not be limited to hardscape areas such as sidewalks and mow strips. All other areas may use an edger, string trimmer, or chemicals, as appropriate and as approved by City. 4.5.6 Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre-emergent(s) and post-emergent(s). Fertilizer and fertilizer with pre-emergent(s) and post-emergent(s) will be supplied by Contractor. The City will reimburse Contractor at actual cost plus 15% mark-up. 4.5.7 The Contractor shall apply irrigation immediately following any fertilizer application to effectively wash the product into the soil. When pre or post emergent fertilizers are used, Contractor shall post notifications as required by the product labeling or as requested by City. 4.6 Turf Maintenance – Overseeding Item 1G-25 Contract No. ___________ Exhibit “A” 4.6.1 Turf areas designated for over-seeding will be indicated in the Frequency Schedule. City will provide specific dates and times for the over- seeding schedule based on the use of each facility. 4.6.2 Contractor shall begin lowering the height of the turf during the scheduled weekly mowing approximately three weeks before the final cut. One week before the final cut, City will reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-half inch (1/2”) and mower blades shall not be allowed to disturb the soil. 4.6.3 All grass clippings generated from this process will be vacuumed, swept, or raked after each cut. 4.6.4 A light irrigation syringe cycle will be applied before the final cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines.) 4.6.5 Actual dates and acceptable final mowing will be determined by City. Mowing activities will vary due to scheduled events, condition of turf, weather, and the actual mowing height needed to ensure seed-to-soil contact. Should Contractor fail to complete mowing or renovations during weekdays, Contractor shall adjust the schedule to work on Saturday(s) at no additional cost to City. Advance permission to perform work on Saturdays is required. 4.6.6 City will supply grass seed. However, City may request that Contractor supply City specified grass seed and seed cover. City will reimburse Contractor at cost of material plus an allowable mark-up of fifteen percent (15%). The application rate for the seed shall be no less than ten (10) pounds per 1,000 square feet. The Contractor shall also spot seed necessary areas after germination to ensure a well-covered rye stand, as directed by the City. The Contractor is to verify and confirm quantity of seed bags with City personnel prior to installation and after seeding task is complete. 4.7 Turf Maintenance for Non-Overseeded Areas. 4.7.1 From November 1 through March 31, mowing and irrigation on non- overseeded turf areas will be reduced per the Frequency Schedule 4.8 Hardscape, and Decomposed Granite (DG) Planter Areas 4.8.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalks, curb, gutter and hardscape areas after all maintenance activities or as indicated in the Frequency Schedule. 4.8.2 Sidewalk, curb, and gutter cleaning shall consist of removing debris Item 1G-26 Contract No. ___________ Exhibit “A” from sidewalks by blowing or sweeping, per the Frequency Schedule. On El Paseo and San Pablo, contractor shall blow or sweep sidewalks on parkways and adjacent storefronts. In addition, curb and gutters twenty (20) feet at each end of all dining decks as well as the front and rear of them shall be cleaned. Blower throttle to be maintained at the lowest, practical setting possible. Sidewalk cleaning shall be performed when pedestrian traffic is minimal and shall not disrupt retail activity. 4.8.3 Contractor shall rake planter areas. Contractor shall also rake underneath living plant material, unless directed not to do so by City of Palm Desert. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re- establish an appropriate grade to the satisfaction of City. 4.8.4 Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash playground equipment, exercise equipment, monuments and signs, sidewalks, curbs, gutters, drains, benches, dog park fixtures, drinking fountains, picnic tables and miscellaneous hardscape fixtures as outlined in the Frequency Schedule. The Contractor shall use, as directed by the City of Palm Desert, a scrub brush and a City of Palm Desert-approved non-toxic biodegradable cleaning agent to adequately clean the aforementioned items, as deemed acceptable by City of Palm Desert. Contractor will also remove any tape, banners, and party supplies from playground shelters, pavilions, and landscape furnishings in conjunction with the pressure washing duties. This process shall be considered as included in the contract lump sum bid price, and no additional compensation shall be allowed therefor. 4.8.5 Pressure washing, at a minimum pressure rating of 3000 PSI, at outdoor seating areas must include the use of a City of Palm Desert-approved non- toxic biodegradable cleaning agent. 4.8.6 Contractor shall remove litter and debris obstructing spillways and their associated drain grates. This activity shall take place according to the Frequency Schedule, and after a rain event as determined by City of Palm Desert staff. 4.9 Irrigation System Maintenance 4.9.1 The operation, maintenance, and scheduling of all irrigation controllers and attached sensors shall be the responsibility of Contractor. Contractor will make adjustments, per City’s recommendations within 48 hours of notice, to the controllers, sensor equipment, and schedules based on property microclimates, ET, rain events, and overseeding schedules. Contractor will schedule irrigation to provide adequate irrigation to plant material while conserving water as much as possible. NOTE: most irrigation systems are not Smart Controllers and will require manual adjusting. Item 1G-27 Contract No. ___________ Exhibit “A” 4.9.2 Contractor to perform irrigation checks from the irrigation controller, a minimum of once every two weeks. During these checks, all valves are to be actuated from the controller. Irrigation check will be performed to ensure the system is operating correctly. Irrigation checks will be performed during times that will cause the least amount of overspray impact to vehicles and pedestrians. 4.9.3 All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion. Contractor to check coverage weekly. 4.9.4 Repairs or replacements to the irrigation system shall be made with like parts. 4.9.5 Contractual irrigation system maintenance includes all labor for system inspections, adjustments, controller programming, valve box and emitter cleaning and adjustments, identifying faults in the system, and all other work associated with irrigation inspection and maintenance. Contractor shall also inspect irrigation system when accidents or vandalism occurs. Should accidents or vandalism occur, the Contractor is to notify City of Palm Desert staff immediately and prior to the repair work. Any repair work outside of this scope will be considered extra work and paid according to the approved Price Sheet. Contractor shall bear the entire cost for repairs due to damage caused by the Contractor’s operation. Contractual Irrigation system maintenance shall include: 4.9.5.1 Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections. Automatic valves will be activated from the irrigation controller, not from the bleeder valve. Replacing faulty valves and actuators will be considered an extra. 4.9.5.2 The electrical circuit from the irrigation controller to the valve will be checked for proper operation. 4.9.5.3 Filter, filter screen, and filter valve box cleaning. 4.9.5.4 Lateral lines will be checked for breaks and leaks and will be flushed at least yearly and additionally when necessary to ensure proper system performance. 4.9.5.5 Contractual emission device and valve box checks, adjustments, and maintenance shall include: sprinkler head and valve box height adjustment, nozzle spray pattern adjustment, nozzle cleaning, bubbler head height adjustment and cleaning, tree well repair; and drip Item 1G-28 Contract No. ___________ Exhibit “A” emitter cleaning. Installation of new or replacement emitters, bubblers, plugs, and caps shall be considered contractual. City will reimburse Contractor for cost of material with an allowable 15% mark-up. 4.9.5.6 The Contractor shall perform, at a minimum, a weekly visual irrigation Inspection, within the designated landscape maintenance area, for leaks, dry areas, and vandalism. Contractor shall take appropriate action to immediately stabilize the system. Such actions shall be reported to the City of Palm Desert within twenty-four (24) hours of discovery and performance of necessary repairs. 4.9.5.7 Contractor shall maintain an adequate supply of irrigation parts readily available to Contractor’s irrigation technician for making routine repairs of main and lateral lines two inch (2”) in diameter and smaller without leaving the irrigation site. 4.9.6 Non-contractual irrigation system repairs: 4.9.6.1 No non-contractual work will be initiated without an approved City of Palm Desert Work Order. 4.9.6.2 When irrigation system malfunction or damage is detected, the repair of which is non-contractual in nature, Contractor will flag the location and notify City of Palm Desert before the close of business the same work day. 4.9.6.3 Upon receipt of an approved Work Order, repairs to a non- operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order. 4.9.6.4 All repairs deemed non-contractual will be paid per the approved Price Sheet. 4.9.6.5 Labor will be billed per the rates under the Performance of Extra Work heading when Price Sheet is not applicable. 4.9.6.6 Mo Materials not listed on the Price Sheet will be billed at “cost plus 15%” or, at City of Palm Desert’s discretion; materials may be supplied to Contractor by City of Palm Desert. 4.9.6.7 Contractor shall return to City of Palm Desert all irrigation parts that have been replaced when requested by City. 4.9.6.8 City of Palm Desert will perform regular inspections of irrigation systems, including controller irrigation check history, to ensure accuracy of Contractor’s irrigation reports. If discrepancies are found, City Item 1G-29 Contract No. ___________ Exhibit “A” of Palm Desert shall consider this a performance deficiency. 4.10 Light Inspections 4.10.1 Contractor shall perform twice monthly light checks on all bollards, ground lights, accent lights, and landscape lights on El Paseo, Entrada del Paseo Complex, CAM area Entrada del Paseo, San Pablo Landscape, Historical Society of Palm Desert, and Portola Community Center. 4.10.2 Contractor to perform weekly light inspections on seasonal and art pad lights on El Paseo. Seasonal Lights are installed September to May. Art pad lights are year-round, permanent fixtures. 4.10.3 Contractor shall inspect parking lot lights at the Entrada del Paseo Complex parking lot twice a month. 4.10.4 Contractor shall discretely mark light fixtures that are not working and submit an electronic report, once inspection is performed, to City. Report to include location, quantity, and photo of fixture. Repairs to be performed by others. Contractor shall not perform any electrical work. Item 1G-30 Contract No. ___________ Exhibit “B” EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from July 1, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 1G-31 Contract No. ___________ Exhibit “C-1” EXHIBIT “C” COMPENSATION PRICE TABLES CONTRACTOR’S PROPOSAL PRICE BY LOCATION Line Item Description Qty Unit of Measure Unit Cost Total 1 Entrada del Paseo Complex 12 Months $2,520.40 $30,244.80 2 Entrada del Paseo Complex CAM Area 12 Months $2,520.40 $30,244.80 3 Baja Park 12 Months $3,666.00 $43,992.00 4 El Paseo Median 12 Months $9,623.20 $115,478.40 5 San Pablo Avenue Median (Phase 1 & 2) 12 Months $8,706.70 $104,480.40 6 Alessandro Alley 12 Months $916.50 $10,998.00 7 Historical Society of Palm Desert 12 Months $687.40 $8,248.80 8 Portola Community Center 12 Months $1,145.60 $13,747.20 Total $357,434.40 Item 1G-32 Contract No. ___________ Exhibit “C” PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Mariposa Landscapes, Inc., (hereinafter referred to as the “Contractor”) an agreement for LANDSCAPE MAINTEANCE AREA No. 9 (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 February 2, 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, Mariposa Landscapes, 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 annual sum of Three Hundred Fifty-Seven Thousand Four Hundred Thirty-Four Dollars and Forty Cents, ($357,434.40), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1G-33 Contract No. ___________ (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1G-34 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1G-35 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1G-36 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1G-37 Contract No. ___________ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed April 13, 2023 has awarded to Mariposa Landscapes, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: LANDSCAPE MAINTENACE AREA No. 9 (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated February 2, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Three Hundred Fifty-Seven Thousand Four Hundred Thirty-Four Dollars and Forty Cents, ($357,434.40), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement Item 1G-38 Contract No. ___________ pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1G-39 Contract No. ___________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 1G-40 Contract No. ___________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1G-41 Contract No. ___________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 1G-42 Item 1G-43 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 RESPONSE DEADLINE: February 24, 2023 at 1:00 pm Report Generated: Monday, February 27, 2023 Mariposa Landscapes, Inc. Proposal CONTACT INFORMATION Company: Mariposa Landscapes, Inc. Email: estimating@mariposa-ca.com Contact: Larry Rudd Address: 6232 SANTOS DIAZ ST Irwindale, CA 91702 Phone: (626) 960-0196 Ext: 2730 Website: www.mariposa-ca.com Submission Date: Feb 24, 2023 12:32 PM Item 1G-44 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Feb 21, 2023 1:56 PM by Larry Rudd QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. Item 1G-45 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 3 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Proposal_lma_9_Mariposa.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Item 1G-46 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 4 Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Iran Contracting Act Certification* (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Sect ion 2200 et seq.) is true and correct. Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the Califor nia Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the credit to provide goods or services in the energy sector in Iran. 4. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 592268 Click to Verify Value will be copied to clipboard Item 1G-47 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 5 5. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000005079 Click to Verify Value will be copied to clipboard 6. Type of Business* S Corporation (if corporation, two signatures are required) 7. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). May 2018: Mariposa filed a lawsuit against the City of Palm Springs for breach of contract due to non-payment. April 2019: Mariposa filed a lawsuit against Huntington Continental Town House Association for breach of contract due to non - payment. 8. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 9. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the Item 1G-48 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 6 proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 10. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services . Describe their qualifications, education, and professional licensing. Project_Team_Resumes_Area_9.pdf 11. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number A. Terry Noriega B. President C. 6232 Santos Diaz St., Irwindale, CA 91702 D. estimating@mariposa-ca.com E. (626) 960-0196 A. Antonio Valenzuela B. Secretary Item 1G-49 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 7 C. 6232 Santos Diaz St., Irwindale, CA 91702 D. estimating@mariposa-ca.com E. (626) 960-0196 12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES CONTRACTOR'S PROPOSAL PRICE BY LOCATION Line Item Description Quantity Unit of Measure Unit Cost Total 1 Entrada del Paseo Complex 12 Months $2,520.40 $30,244.80 2 Entrada del Paseo Complex CAM Area 12 Months $2,520.40 $30,244.80 3 Baja Park 12 Months $3,666.00 $43,992.00 4 El Paseo Median 12 Months $9,623.20 $115,478.40 5 San Pablo Avenue Median (Phase 1 & 2) 12 Months $8,706.70 $104,480.40 6 Alessandro Alley 12 Months $916.50 $10,998.00 7 Historical Society of Palm Desert 12 Months $687.40 $8,248.80 8 Portola Community Center 12 Months $1,145.60 $13,747.20 Item 1G-50 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total TOTAL $357,434.40 ADDITIONAL WORK PRICE SHEET Item cost to include prevailing wage labor, material, shipping, and turnkey installation Line Item Description Quantity Unit of Measure Unit Cost Total 1 Bowsmith SL200 Series Emitter 1 Each $8.15 $8.15 2 Rainbird Xeri Bug Emitter XBT-XX 1 Each $12.34 $12.34 3 Rainbird Xeri Bug Emitter 1/2" XBT-XX 1 Each $12.34 $12.34 4 Rainbird Polyflex Riser PFR/FRA 1 Each $5.98 $5.98 5 Rainbird 1400 Series Bubblers 1 Each $18.18 $18.18 6 Schedule 80 Nipple 1 Each $6.16 $6.16 7 Rainbird 1804 with Nozzle 1 Each $18.93 $18.93 8 Hunter PGJ with Nozzle 1 Each $19.38 $19.38 9 Hunter PGP with Nozzle 1 Each $19.18 $19.18 10 Hunter I20 with Nozzle 1 Each $35.16 $35.16 11 Hunter I25 with Nozzle 1 Each $37.05 $37.05 Item 1G-51 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 9 Line Item Description Quantity Unit of Measure Unit Cost Total 12 Hunter I40 with Nozzle 1 Each $40.30 $40.30 13 Hunter I40 Opposing Nozzles with Nozzles 1 Each $45.15 $45.15 14 Rainbird Quick Coupler Valve 3-RC 3/4" 1 Each $206.33 $206.33 15 Rainbird Quick Coupler Valve 4-RC 1" 1 Each $300.23 $300.23 16 Rain Bird EFB- CP Series Valve 1" 1 Each $406.55 $406.55 17 1" Rain Bird Plastic valve in place (PEB) 1 Each $350.41 $350.41 18 1 1/2" Rain Bird Plastic valve in place 1 Each $382.11 $382.11 19 2” Rain Bird plastic valve in place (PEB) 1 Each $426.08 $426.08 20 Complete Rainbird XCZ-075 Kit 1 Each $280.78 $280.78 21 Complete XCZ-100 Kit 1 Each $467.72 $467.72 22 1 ½” Superior Globe Brass Valve 1 Each $541.17 $541.17 23 2” Superior Globe Brass Valve 1 Each $574.19 $574.19 24 Calsense Flow Meter 1.5" 1 Each $463.78 $463.78 25 1/2" Plug 1 Each $11.32 $11.32 26 1/2" Cap 1 Each $10.43 $10.43 27 Swing Joint Assembly Marlex 1" 1 Each $16.03 $16.03 Item 1G-52 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 28 Swing Joint Assembly Sch. 40 3/4" 1 Each $16.03 $16.03 29 Swing Joint Assembly Sch. 40 1" 1 Each $16.03 $16.03 30 Rainbird Solenoid 1 Each $47.17 $47.17 31 Valve Box Round Tan/Green 10" (Carson or approved equal) 1 Each $65.28 $65.28 32 Valve Box Standard Tan/Green 12"x17" (Carson or approved equal) 1 Each $89.10 $89.10 33 Valve Box Jumbo Tan/Green 13"x20" (Carson or approved equal) 1 Each $126.28 $126.28 34 1-Gallon Shrub Installed (standard stock) 1 Each $19.35 $19.35 35 5-Gallon Shrub Installed (standard stock) 1 Each $42.58 $42.58 36 15-Gallon Shrub Installed (standard stock) 1 Each $164.96 $164.96 37 24"-Box Tree Installed (standard stock) 1 Each $549.21 $549.21 38 Mowing 1 1000 sq.ft. $15.00 $15.00 39 Hybrid Bermuda Sod Installation 1 100sq.ft. $300.00 $300.00 40 Desert Gold Decomposed Granite (wetted and compacted) 1 Ton $268.13 $268.13 41 Brimstone Decomposed Granite (wetted and compacted) 1 Ton $236.22 $236.22 42 Apache Brown Decomposed Granite (wetted and compacted) 1 Ton $282.40 $282.40 43 Indian Red Decomposed Granite (wetted and compacted) 1 Ton $285.48 $285.48 Item 1G-53 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-171 Landscape Maintenance Area No. 9 PROPOSAL DOCUMENT REPORT Request For Proposal - Landscape Maintenance Area No. 9 Page 11 Line Item Description Quantity Unit of Measure Unit Cost Total 44 Apache Brown Crushed Stone 1 Ton $213.11 $213.11 45 California Gold Crushed Stone 1 Ton $200.79 $200.79 46 Baja Cresta Rubble 1 Ton $142.30 $142.30 47 Gray Cresta Rubble 1 Ton $123.83 $123.83 48 Gray Granite Cobble 1 Ton $145.38 $145.38 49 Cemented Cobble 1 100 sq. ft. $1,169.82 $1,169.82 50 Laborer 1 Hourly Rate $42.00 $42.00 51 Irrigator 1 Hourly Rate $70.00 $70.00 52 Foreman 1 Hourly Rate $63.00 $63.00 53 Supervisor 1 Hourly Rate $75.00 $75.00 Item 1G-54 City of Palm Desert Landscape Maintenance Area No. 9 Due 2/23/2023 by 1 PM Item 1G-55 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49, C-61, C-31 Our Core Values – Safety • Teamwork • Quality • Integrity February 24, 2023 Cover Letter City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Bertha Cepeda-Escobedo Contact email: bescobedo@cityofpalmdesert.org RE: Landscape Maintenance Area No.9 Mariposa Landscapes, Inc. has continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equipment with 750 employees covering all of Southern California and Arizona. With over 95 awards for project excellence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. We bring decades of knowledge and in-depth experience to every landscape entrusted to our care. Building long-lasting relationships with our clients is important to us. We understand and respect City of Palm Desert’s goals and do everything in our power to assure the well-being of the city. Therefore, this enable us to be the most responsive firm that will continue to be committed to providing the best level of service for the City of Palm Desert. Certified Irrigators, Certified Landscape Technicians, Certified Arborists and a Pest Control Advisor are found throughout our field employee teams. All of our equipment is owned outright and maintained inhouse with a staff of trained mechanics. Mariposa is proposing a total of 4.5 Full time equivalent (not including supervisors) to LMA 9. The 4.5 FTE consists of an experienced Irrigation technician who has been maintaining LMA 9, a crew of 3 for routine work, a 1 man dedicated to cleaning and detailing and periodic crew members for non-routine work. Mariposa is also proposing the use of battery powered equipment with the purpose of eliminating gas emission as well as reducing noise pollution. The following battery powered equipment will be utilized, Backpack blower, 21” mower, String trimmer and Hedge trimmer. Mariposa has been continuously researching into battery powered equipment that is available in the market and would like to bring it into use whenever it is possible. In submitting this proposal, we acknowledge that we have a full understanding of the requirements and scope of work as detailed in the RFP document and is proposing to offer more for the City of Palm Desert. Our Price reflects necessary labor, services, equipment, and materials to perform the work. We have the ability to comply with all of the terms and requirements of the bid documents and the resulting contract. Item 1G-56 Item 1G-57 Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 Table of contents Cover Letter .................................................................................................................................... 2 Experience and Technical Competence .......................................................................................... 5 References .................................................................................................................................... 12 Firm Staffing and Key Personnel ................................................................................................... 13 Proposed Method to Accomplish the Work ................................................................................. 22 “We blend Nature and Craftsmanship to create ultimate outdoor settings and extremely satisfied customers” Item 1G-58 Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 Experience and Technical Competence Background/Introduction Mariposa is a landscape contractor working in both Southern California and Arizona. With our staff experience and dedicated professionals, we have developed a long history of excellence performing work on hundreds of landscape construction, maintenance and tree care projects. Our presence in the Coachella Valley area has allow us to be an expert in Desert Landscape maintenance. With an additional branch office established in the area, Mariposa is able to showcase our expertise with increase efficiency. Current areas of operation. Highlights • Over 45 years in business • Contractor’s license in two states • Over 750 employees • Insured – $1 million workers comp, $2 million in aggregate general liability • $100 million in bonding capacity • Over 95 awards for project excellence Item 1G-59 Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 Company Values Safety This is the primary foundation of our company. We emphasize “safety first” on every worksite and in all our training programs. Our employees are taught to be aware of, and responsible for, safety at all times. We strive to prevent injuries and accidents, as well as provide a safe environment for staff and customers alike. Teamwork We work together, seeking input from all team members to organize our efforts for the greater good. We always remain open to change, embracing new methods and techniques to achieve the highest levels of quality and efficiency. We are considerate of team members, provide support, and encourage their growth, resulting in the ultimate outcome for the team. Quality We are committed to bringing the best possible quality for our customers and their properties and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting or exceeding expectations. Our ultimate goal is to deliver excellent value for our clients’ investment. Integrity We are honest and open in our communications, building deep trust and confidence in all of our relationships. We value the dedication and contribution of each person. The overall well- being of our employees, customers and vendors is important to us. Item 1G-60 Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 Proposer Identification Legal Name: Mariposa Landscapes, Inc. Street/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196 Fax Number: (626) 960-8477 Email Address: estimating@mariposa-ca.com President: Terry Noriega California Corporation: C1469653 California Employer ID: 368-4753-1 Date Incorporated: October 2, 1989 Licenses & Certificates Contractors State License: 592268 C27, A, C61/D49 Qualified Applicators License: 103864 ABCDEFH Pest Control Adviser License: 74416 ABCDEG Pest Control Business License: 30977 Irwindale Business License: 000538 Supplier Clearinghouse MBE: 94HS0050 City of Los Angeles MBE: 561730 City of Los Angeles LBE: 37858 LA County MBE: 89126 LA Co. Agricultural Pest Control 1000279 Certified Arborist: WE-1182A Minority Business Enterprise MBE Certification, File No. CCA-7150 for the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156. Financial Resources Mariposa has been capable of meeting all financial obligations for over 45 years. A strong balance sheet supports $100 Million bonding capacity. Green Waste Processing Capability Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract. Item 1G-61 Our Core Values – Safety • Teamwork • Quality • Integrity Page 8 Our Services Landscape Construction Site Preparation, Demolition, Grading and Drainage. Irrigation Systems Installation, Repairs & Upgrades. Computerized Irrigation Central Control Systems. Irrigation Pump Installation. Native Plant Restoration and Habitat Rehabilitation. Park construction and Athletic Field installations. Tree, Shrub, & Ground-cover planting. Hardscape Construction Concrete Poured-in-Place, Stamped and Seat Walls. Flagstone, Tile, Masonry and Block Walls. Drainage and Overhead Construction. Water Feature Pond Installation & Repair. Monuments and Signage. Low Voltage Lighting Design and Installation. Landscape Maintenance Private, Commercial, Public Works and Homeowner Associations Large Scale Mowing Operations Comprehensive Irrigation Planning & Management. Environmentally Friendly Integrated Pest Management. Year-round Fertilization Application. Baseball Field Prep and Athletic Turf Maintenance. Porter Services and Color Design. Parking Lot Sweeping Tree Care On-site Diagnosis and Tree Work Recommendations Consultative Services with Certified Arborists. Development of Long-term Tree Care Programs. Large-scale Tree Trimming Removal. Diagnosis/Treatment of Tree Diseases and Pest Problems. Stump Grinding and Disposal of Trimmings. GIS Tree mapping and asset management Certified Workers & Comprehensive Insurance Coverage. Item 1G-62 Our Core Values – Safety • Teamwork • Quality • Integrity Page 9 WATER CONSERVATION Our performance backs our promises CHADWICK APARTMENTS Maintain an attractive landscape with less water. Our Certified technicians can evaluate your irrigation and provide practical recommendations. We offer weather-driven irrigation controllers and drought-tolerant landscape conversions. Our computerized tracking system allow us to quickly diagnose and fix problems, saving you water and money. “ Thank you for helping us get through the drought. Your staff worked hard to meet our water reduction goals while keeping our sites aesthetically pleasing.” -CITY OF GLENDALE DESIGN IMPLEMENTATION Bringing your vision to life We partner with you to achieve a common goal success. From simple to complex projects, we coordinate our vast array of services to create the project you envision. Award-winning craftsmanship, in depth knowledge and high standards of professionalism are applied to every level of work. Item 1G-63 Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 Office Locations Corporate Headquarters 6232 Santos Diaz Street Irwindale, CA 91702 Phone 626 960-0196 Fax 626 960-8477 Our crew will be dispatched from a local branch office in Bermuda Dunes. The office location is about 6 miles away from the proposed sites. Irwindale 15529 Arrow Highway Irwindale, CA 91706 Phone 626 960-0397 Fax 626 960-3809 Orange County 1107 E. Walnut St Santa Ana, CA 92701 Phone 626 960-0196 Fax 626 960-8477 San Bernardino County 11093 Almond Avenue Fontana, CA 92335 Phone 909 429-2546 Fax 909 429-2749 North L.A. Ventura 4790 E. Los Angeles Ave. Somis, CA 93066 Phone (800) 794-9458 Fax 805-386-4140 Palm Springs 78355 Darby Rd Bermuda Dunes, CA 92203 Phone 626 960-0196 Fax 626 960-8477 Arizona 7677 N. 67th Avenue Glendale, AZ 85301 Phone 623 463-2200 Fax 623 463-2223 Item 1G-64 Our Core Values – Safety • Teamwork • Quality • Integrity Page 11 Organization Memberships & Staff Certifications We are dedicated to having the best-trained workforce in the industry. As members of the California Landscape Contractors Association, we participate in the training programs offered by this industry organization. The CLCA sponsors a rigorous “hands-on” test administered under actual field conditions. With only a 20% first time pass rate, only the best workers are able to obtain the designation of CLT or Certified Landscape Technician. Many of the managers and supervisors in our company have the CLT designation. No other contractor of our size and diversity in Southern California has achieved this many certifications. We are members of the following organizations: • CACM (California Association of Community Managers) • CAI Orange County (Community Association Institute) • CAI Los Angeles (Community Associations Institute) • CAI Greater Inland Empire (Community Association Institute) • CAI Coachella Valley (Community Association Institute) • ASA (American Subcontractors Association) • BIA Southern California (Building Industry Association) • BIA Orange County (Building Industry Association) • BOMA IE (Building Owners and Managers Association) • CLCA (California Landscape Contractors Association) • ISA (International Society of Arboriculture) • CAPCA (California Association of Pest Control Advisors) Licensing and Certifications • California Contractor License 592268 C27-Landscaping, Class A-Engineering • Certified Arborists on staff • Certified Tree Workers on staff • Tree Work – Line Clearance Certified • Tree Work – Line Clearance Certified Instructor • Certified Playground Equipment Inspectors • Certified Water Auditor • Certified Backflow Inspectors • Licensed Pest Control Company/Pest Control Advisor • Certified Pest Control Applicators on staff Corporate Tax I.D. Number: 95-4245898 California Corporate Tax I.D.: C1469653 California State Contractor’s License Number: 592268 A, C-27 DIR Number: 1000005079 Pest Control Advisor’s License: 74416 MBE Clearinghouse #: 20000326 Pest Control Business License: 30977 LA County LBE (LABAVN): 106243 Item 1G-65 Our Core Values – Safety • Teamwork • Quality • Integrity Page 12 References Here at Mariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients. City of Banning Term: 2021-Current Landscape Maintenance Services Landscape Maintenance: Debris/litter removal, shrub and ground cover care, weed control, mowing, edging, irrigation maintenance, fertilization, aeration and application. Ralph Wright, Park and Recreation Director (909)219-0980 Rwright@banningca.gov City of Desert Hot Springs Term: 2019-Current Landscape Maintenance and Operation for LMD and DD for Zone 1 & Zone 2 Landscape Maintenance: Weed removal, chemical weed control, plant replacement, fertilization, hedge pruning/trimming, irrigation maintenance, irrigation repair, irrigation system testing, trash/debris pick-up, clearing walk ways. Nicholas Haecker, Public Works Mgr. (661) 902-9987 nhaecker@cityofdhs.org Coachella Valley Water District Term: 2019-Current Landscaping Maintenance Services Landscape Maintenance: plant litter and trash control, weed/pest control, plant maintenance, tree maintenance, hardscape and decomposed granite planter areas, and irrigation system maintenance. Mike Munoz, Landscape Supervisor (760) 578-6471 mmunoz@cvwd.org Riverside County Sheriff Term: 2020-Current Landscaping Maintenance Services Landscape Maintenance: plant litter and trash control, weed/pest control, plant maintenance, tree maintenance, hardscape and planter areas, and irrigation system maintenance. Etienne Brodeur, Admin Services Officer (951) 205-4541 ebrodeur@riversidesheriff.org Item 1G-66 Our Core Values – Safety • Teamwork • Quality • Integrity Page 13 Firm Staffing and Key Personnel Management Organizational Chart Management Staffing Mariposa has experienced dedicated professionals who make up the management and supervisory personnel. All employees receive ongoing training through a detailed training program. The combination of qualified dedicated management and well-trained workers enables us to provide professional levels of landscape installation and maintenance. The following list reflects the management and supervisorial qualifications of Mariposa Landscapes, Inc. Mariposa landscapes is able to dedicate additional personnel when needed. We are able to direct qualified personnel, within the company, to City of Palm Desert when needed or directed. Terry Noriega – President • 45+ years of experience in landscape installation and maintenance • B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona • California Contractors License: C-27 Landscape, A – Engineering, C61/D49 Tree Trimming • Pest Control Advisor in 6 Categories • Qualified Pest Control Applicator in 7 Categories • Certified Landscape Technician in Ornamental and Turf Maintenance • ISA Certified Arborist WE-1182A • Arizona Contractor’s License: ROC178088 K-21 • Arizona Qualifying Party License: 8263 • Arizona Pest Control Business License: 8246 President Terry Noriega Finance Controller Theresa Lu Human Resources HR Manager Brandon Huang Sales VP Sales & Marketing Larry Rudd Corporate Resources Manager Saul Ruiz Operations VP Operations Antonio Valenzuela Maintenance Division Manager Luis Valenzuela Item 1G-67 Our Core Values – Safety • Teamwork • Quality • Integrity Page 14 Antonio Valenzuela – VP Operations • Over 30 years of experience in landscape maintenance and irrigation troubleshooting • Pest Control Qualified Applicator in 3 Categories • Certified Landscape Technician in Ornamental and Turf Maintenance • Certified Landscape Professional • Backflow Certification in Los Angeles County • Landscape Water Auditor: Cal Poly SLO • Past affiliation – Certified Playground Inspector Larry Rudd – V.P. of Sales and Marketing • 45 years in landscape installation, maintenance operations and estimating • Landscape Sales and Operations Experience in California, Arizona, Texas and Oklahoma • B.S. in Business Management, University of Phoenix • Certified Landscape Technician: Hardscape Install, Softscape install, Ornamental & Turf Maintenance • Chino Basin Water Conservation District – Water Efficient Landscaper (WaterSense Certified) • Arizona Certified Landscape Professional • American Green Zone Alliance – Sustainable Land Care Certification (Electric Equipment) • CPR Safety Trained • Associate instructor with Dr. Fred Roth “Landscape Contracting & Estimating” Cal Poly Pomona • Instructor “Landscape Planning for Project Management & Maintenance” Cal State Fullerton • Instructor “Business Practices in Landscape Planning and Management” Cal State Fullerton • Affiliations Past and Present: o California Contractors License: C-27 Landscape, A – Engineering o California Qualified Pest Control Applicator License o CAI California, Arizona & Texas, CACM, AAM Arizona, BOMA Dallas Chapter – Member o California Landscape Contractors Association (San Gabriel Valley) – Board Member o Certified Professional Estimator – American Society of Professional Estimators o International Society of Arboriculture Certified Arborist WE-11744A Alex Del Valle – Risk Control Manager • Over 13 years of experience working in the safety industry • Certified OSHA 30 • Certified AHA CPR and First Aid • Certified Forklift Instructor Roberto Del Valle – Safety Coordinator • Over 16 years of experience working in the safety industry • Certified OSHA 8, 10, 16, and 30 • Certified AHA CPR and First Aid Instructor • Certified Forklift Instructor • Certified Claims Adjuster Item 1G-68 Our Core Values – Safety • Teamwork • Quality • Integrity Page 15 Maintenance Division Organization & Experience Maintenance Operations Staff Experience Luis Valenzuela – Landscape Maintenance Division Manager, Southern California • Over 25 years of experience in landscape and construction operations • Qualified Applicator License, Category B • Certified Landscape Technician, Irrigation • ISA Certified Arborist WE-8713A • Certification – Effective Business Leadership & Development – PDC/GCC Dennis Jones – Tree Care Regional Division Manager, Southern California • Over 20 years of experience in Arbor Care • BS Degree in Urban Forestry, Cal Poly San Luis Obispo • International Society of Arboriculture Certified Arborist WE-5700A • ISA Qualified Tree Risk Assessment • TCIA Certified Tree Safety Professional 843 • Qualified Applicator License – 108771, Categories B, C & F • Wildlife Protector Certification • Notary Public Division Manager Luis Valenzuela Area Manager Irwindale Tony Valenzuela Account Manager Crews Irrigation Dept Extra Work Crew Bermunda Dunes Account Manager Andres Perez Account Manager Crews Account Manager Crews Area Manager Santa Ana Michael Williams Account Manager Crews Account Manager Crews Account Manger Crews Irrigation Dept Extra Work Crew Area Manager Fontana Roberto Perez Account Manager Crews Account Manager Crews Account Manager Crews Irrigation Dept Extra Work Crew Item 1G-69 Our Core Values – Safety • Teamwork • Quality • Integrity Page 16 Key Personnel for this Project Andres Perez Account Manager P. (760) 321-2107 C. (626) 392-3050 E. Andres@mariposa-ca.com Andres will be the person in-charge responsible for project management, communication with field supervisor and primary contact with the City of Palm Desert. Andres has been working for Mariposa Landscapes since 1996. He has over 25 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis in Palm Desert region. Andres is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Certifications: o Over 25 years of experience in the landscape industry o Qualified Applicator License: Category B o Certified Landscape Technician: Irrigation o Certificate – Irrigation Design o Certificate – Irrigation Troubleshooting o CVAG Overseeding Certificate Item 1G-70 Our Core Values – Safety • Teamwork • Quality • Integrity Page 17 Roberto Aguilera Field Supervisor P. (760) 321-2107 C. (626) 945-0089 E. roberto.aguilera@mariposa-ca.com Roberto will be responsible for carrying out daily tasks and weekly schedules as well as ensuring that the work crews are doing the same. He will be responsible for documenting and communicating work reports and hazardous conditions. He will be in constant communication with Andres Perez, the Account Manager, as well as all personnel involved. Roberto has been employed with Mariposa Landscapes since 2007. He has over 15 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work in Palm Desert Area. He brings forth a vast experience in all aspects of irrigation: maintaining and troubleshooting as well as landscape maintenance. Roberto is responsible for all aspects of project management; emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Certifications: o 12 years’ experience in the Landscape Maintenance o Internal Company Certification Landscape Irrigation Troubleshooting o Certificate - Coachella Valley Water Management Seminar o Certificate of completion on Reclaim Water Management o 5 years’ experience using Calsense and Rain Bird o Certified Landscape Technician: Ornamental Maintenance Item 1G-71 Our Core Values – Safety • Teamwork • Quality • Integrity Page 18 Team Organization Below is our tentative team organization for LMA 9. Andres and Robert will be part of our management team. We will have several crews expertise in specific tasks/ work. Number Personnel/ Category Tasks Personnel 1 Account Manager Management Andres Perez 1 Field Supervisor Field Management Roberto Aguilera 1 Crew 1 (Lead Gardener) Routine Work Jose Chavez 1 Crew 1 (Gardener) Routine Work Miguel Jeromino 1 Crew 1 (Gardener) Routine Work Juan Antrade 1 Crew 2 (Lead Gardener) Trash and litter control, Quality Inspections Jose Vargas 1 Crew 3 (Lead Gardener) Periodic crew TBD 2-3 Crew 3 (Gardener) Periodic crew TBD 1 Irrigation technician Irrigation checks and reports Arnulfo Aguilera 1 Spray Technician Chemical task TBD 1 Crew 4 (Lead Gardener) Tree Work TBD 1 Crew 4 (Gardener) Tree Work TBD Subcontractor Mariposa Landscapes will not be utilizing any subcontractor. Our company consist of numerous experts that qualify to provide specialties work without the introduction of subcontractor. With this, Mariposa is able to provide highest quality work for the City of Palm Desert. Item 1G-72 Our Core Values – Safety • Teamwork • Quality • Integrity Page 19 Certifications and Licenses Item 1G-73 Our Core Values – Safety • Teamwork • Quality • Integrity Page 20 Item 1G-74 Our Core Values – Safety • Teamwork • Quality • Integrity Page 21 Item 1G-75 Our Core Values – Safety • Teamwork • Quality • Integrity Page 22 Proposed Method to Accomplish the Work It is our intention to perform this contract per the City of Palm Desert requirements as indicated in the proposal documents. Our proposal includes an outstanding level of labor, materials, and equipment to sustain a high level of landscape maintenance throughout the term of this contract. Our company, Mariposa, is proposing a total of 4.5 full time equivalent to perform landscape maintenance service. We are confident that the amount of manpower that we proposed is the ideal amount to deliver the highest level of service for the city. Work hours will be Monday to Friday from 6 am to 2.30 pm or per approved by the City’s representative. Our crew will start their day from our closest yard in Bermuda Dunes, which is about 6 miles away. Our account managers will conduct a weekly meeting with the city representative to inspect and discuss tasks for the following week as well as any issues that may arise during the contract period, if requested. During this meeting we will submit a brief report and schedule for the city representative to review and approve. Our crew will start in the morning to conduct the assigned tasks for the day. We understand that areas of maintenance are in the high traffic areas. Our crew will be extra careful with safety measures and the noise level generated by equipment. Mariposa will create schedule with the aim to provide service during low foot traffic period. The goal here is to reduce contact with the community and visitors to promote safe environment. Sites will be visited per schedule outlined in the provided RFP. All tasks will be completed per the frequency and scheduled time. Battery powered equipment will be utilized to minimize pollution generated by gas operated equipment. Methodology and Work Plan To show our understanding of the work, the following are the key tasks that Mariposa is proposing for the City. Mowing and edging • Mowing task will be performed every Friday with a Battery operated 21” mower. • Turf Edge will be edge with a specialized equipment that cuts into the soil to create crisp and neat edge. • Our crew will start mowing operation in the morning when traffic is low. We will finish the work before the end of the day to prepare for the weekend. • Fertilization will be conducted by our crew 4 times per year. Materials to be paid or provided by the city. • Renovation will be conducted by scalping the turf and overseed it with approved seed. Seed to be paid or provided by the city. Item 1G-76 Our Core Values – Safety • Teamwork • Quality • Integrity Page 23 Shrubs maintenance • Plants will be pruned as needed (at least 2 times per year) to provide natural appearance. • Any encroachment will be trimmed to promote safety and aesthetics. This task will be conducted all year round. • Yearly hard pruning will be conducted to maintain the size of the plants Irrigation We understand that Irrigation will be the most critical portion of LMA 9. Therefore, Mariposa is proposing an irrigation technician to perform visual and physical checks to all stations. • 1 irrigator will be performing inspections, cleaning, and maintenance. • Our irrigator will be visiting weekly to perform all required work. • Extra irrigator will be provided, if needed, to maintain the irrigation system at the highest quality. • Report will be submitted to City of Palm Desert on a monthly basis. Routine Maintenance • Litter control will be conducted weekly on a Friday to prepare for the weekend. • Trash liners will be replaced 3 times per week per frequency. • Raking will be performed every 2 weeks. • Pressure washing will be conducted every 2 weeks. • Sidewalk cleaning will be performed per frequency ( 3 times/ week or weekly on Friday) • Light inspection will be performed 2 times per month. Annual Color • Mariposa will start with checking the irrigation system • Annual color will be removed and replanted by a periodic crew. • A large crew will be assigned to conduct all task with the aim to finish all planting as soon as possible. • 900 flats of 4” and 400 Flat of 36 Pony Packs will be planted within 1 year. • Materials to be provided by the city. Item 1G-77 Our Core Values – Safety • Teamwork • Quality • Integrity Page 24 Proposed Equipment Vehicles Qty Size Type Age Conditi on ¾ ton pick-up trucks 1 3/4 ton Chevy 2023 NEW Small pickup 1 1/2 ton Toyota 2023 NEW Irrigation truck 1 1/2 ton Toyota 2022 Good Trailers 1 - Carson 2021 Good Self propelled mower 1 21" Stihl 2023 NEW Edger 1 - Stihl 2023 NEW String Trimmers 3 - Stihl 2023 NEW Hedge trimmers 2 - Stihl 2023 NEW Backpack Blowers 3 - Stihl 2023 NEW Pressure washer 1 - Hydrotek or equivalent 2023 NEW Item 1G-78 Our Core Values – Safety • Teamwork • Quality • Integrity Page 25 Item 1G-79 Our Core Values – Safety • Teamwork • Quality • Integrity Page 26 1 Year - Annual Work Schedule Within 30 days of award of the contract we will submit an annual work schedule that will organize all the assigned areas into sectioned areas. The sectioned areas will be per the approval of the City representative. The schedule will designate the areas included with the service level and general tasks completed for that month. Any revisions to this schedule will be submitted to the City representative for approval. A review of this schedule will be made at monthly meetings to evaluate success. Item 1G-80 Our Core Values – Safety • Teamwork • Quality • Integrity Page 27 Quality Control Program We perform internal quality control on our work to free up our contract monitor or client representative (be it a Public Works Inspector or Property Manager) so that he or she will have a reduced work load. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement “Plan your work and work your plan.” Therefore, the work is to be planned and monitored in the following ways: Irrigation Reports The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope. Account Manager/Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified. The frequency of these evaluations and number of work items evaluated can vary based on the work scope. Please see the sample form provided. Action Item Lists Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. Our goal is “Promises made are promises kept.” Please see the sample form provided. Item 1G-81 Our Core Values – Safety • Teamwork • Quality • Integrity Page 28 Work Quality Evaluation Form Mariposa Landscapes, Inc. SITE INSPECTION EVALUATION FORM Inspection Date:Job: Job Number: Client Representative: ML CR ML CR 1.TURF 6.HARDSCAPE AREAS A Color of turf acceptable A Free of trash/debris B Turf texture, no thin/bare areas B Free of weeds in cracks C Free of trash/debris C Standing water D Irrigation leaks visible D Safety issues reported E Over or under watering 7.IRRIGATION F Dry spots A Controllers working 2.GROUND COVER/SHRUB AREAS B Controllers programmed properly A Free of trash/debris C Schedules submitted/updated B Free of weeds D Valves working properly C Mulch evenly distributed E Valves leaking D Irrigation leaks visible F Backflow(s) on E Groundcover trimming G Backflow(s) Leaking 3.TREES/SHRUBS H Meter readings (if in scope) up-to-date A Health/vigor I Water usage analysis up-to-date B Trimmed per scheduled cycle 8.L.V. LIGHTING (if applies) C Pruned correctly for species A System has power D Walkway shrub clearance B Timer/photocell working E Walkway tree clearance C Bulbs working F Disease & insects controlled D Fixtures clean G Irrigation leaks visible E Fixtures broken H Over or under watering F Fixtures aimed properly I Trees staked properly 9.WATER FEATURES (if applies) 4.ANNUAL COLOR/POTS A Power/working properly A Annual flowers healthy B Leaks B Bed/Pots free of trash/debris C Cleaned of debris at inlets C No missing annual color plants 10.OTHER (if applies) D Disease & insects controlled A Dog mess cleaned up E Irrigation leaks visible B Dog stations replenished F Over or under watering C Trash cans dumped & new liners 5.D.G. PATHS & OPEN AREAS D Play equipment clean A Free of trash/debris E Ramadas/picnic tables/BBQs clean B Weeds managed/controlled F Response time on call-outs C Erosion areas repaired G General safety issues reported ML CR OVERALL RATING: Per the above individual ratings, pleas provide an overall rating from 1 to 10 Mariposa Account Manager Signature/Date (ML)Client Representative Signature/Date (CL) Please give a rating of 1-10 on the following items (1 = unacceptable and 10 being perfect) Only enter ratings for items that are applicable to this project (blank = Not Applicable at this time) Mariposa Account Manager Item 1G-82 Our Core Values – Safety • Teamwork • Quality • Integrity Page 29 Action Items Form Mariposa Landscapes, Inc. ACCOUNT MANAGER INSPECTION ACTION ITEMS Job: Today's Date:Job Number: Resolution Date 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Mariposa Account Manager Signature/Date Client Representative Signature/Date ACTION ITEMS Item 1G-83 Our Core Values – Safety • Teamwork • Quality • Integrity Page 30 Overview of Additional Tree Care Services The tree care services of Mariposa Landscapes are set apart from the competition by providing comprehensive consulting services in addition to expert tree care. Our ability to provide such excellent service is due to our crews of highly trained, safety-oriented, certified arborists and tree workers. Our staff receives the latest training in arboriculture methods, techniques, and software systems. Our specialized consulting services include the following: Urban Forest Management Planning, Tree Evaluations, Inventory Management, Risk Assessments, Hazard Reports, Tree Appraisals, and Insect and Disease Control Recommendations. Tree Division Accreditation Mariposa Landscapes received accreditation from the Tree Care Industry Association (TCIA) in 2012, becoming one of the few accredited tree care companies in California. This accreditation involves a thorough audit process of procedures in the following ten areas: 1. Consumer Satisfaction 2. Best Business Practices 3. Business Ethics 4. Employee Training 5. Safety 6. Quality 7. Industry Standards 8. Arborist Certification 9. Insurance Coverage 10. Work Estimates and Specification Item 1G-84 Our Core Values – Safety • Teamwork • Quality • Integrity Page 31 Tree Asset Management Mariposa Landscapes leverages the latest urban forestry management technology and software. “Tree Plotter” allows us to manage all of our client’s information and property details in one easy-to-access location. The software program creates and manages tree inventories, conducts statistical analysis and provides reports for our clients. Each client receives their own personal user account login, which provides visibility into their inventory, reports, and maps of their trees. The Tree Plotter software also allows us to create work orders, assign them to Mariposa’s arborist crew leaders, and maintain an updated work history for a specific client inventory. This delivers maximum transparency for both contractor and client, providing easy access to all aspects of inventory, from creation to billing. The Tree Plotter inventory management program provides Mariposa’s Tree Division with the ability to create and manage an internal roster of clients and their information. The client information table allows us to enter company names, project manager or point of contact information, property addresses, phone numbers, email addresses, and billing information. Whether our clients have a single property, or multiple locations to inventory, we can create a “Client Site” profile for each one. This allows us to manage the inventories, work orders, and billing for each property separately. This asset mapping capability can also extend to Irrigation Assets! Item 1G-85 Our Core Values – Safety • Teamwork • Quality • Integrity Page 32 Proposer’s Green Initiative and Environmental Sensitivity Mariposa Landscapes, Inc. uses every effort to implement “green” environment and energy conservation measures. Our company has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and is researching and looking forward to obtaining hybrid equipment to be used on our contracts. We strive to be as environmentally conscientious as possible and are expanding our operations to achieve this goal. We have been certified by the American Green Zone Alliance – Sustainable Land Care Certification (Electric Equipment). This puts us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial grade electric small equipment as well as mowers. Mariposa works with all clients to assure optimum water usage where possible. With hundreds of ET “Smart” Controller installations over the years, we can assess a property for water savings, create a solution and correctly program these newer irrigation control devices for optimum savings. In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any potential negative impact on the environment. The key points of its strategy to achieve this are: • Minimize waste by evaluating operations and ensuring they are as efficient as possible. • Minimize toxic emissions through the selection and use of its fleet and equipment. • Actively promote recycling both internally and amongst its customers and suppliers. • Meet or exceed all the environmental legislation that relates to the Company. • Adhere to all local codes and ordinances regarding water conservation. Item 1G-86 Our Core Values – Safety • Teamwork • Quality • Integrity Page 33 Integrated Pest Management Integrated pest management (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non-target organisms, and the environment. Biological control Biological control is the use of natural enemies—predators, parasites, pathogens, and competitors—to control pests and their damage. Though Mariposa does not introduce any beneficial organisms into the environment, we do identify and encourage their presence. Cultural controls Cultural controls are practices that reduce pest establishment, reproduction, dispersal, and survival. For example, changing irrigation practices can reduce pest problems, since too much water can increase root disease and weeds. Mechanical and physical controls Mechanical and physical controls kill a pest directly or make the environment unsuitable for it. Traps for rodents are examples of mechanical control. Physical controls include mulches for weed management, steam sterilization of the soil for disease management, or barriers such as screens to keep birds or insects out. Chemical control Chemical control is the use of pesticides. Mariposa Landscapes uses pesticides only when needed and in combination with other approaches for more effective, long-term control. Also, pesticides are selected and applied in a way that minimizes their possible harm to people and the environment. With IPM we use the most selective pesticide that will do the job and be the safest for other organisms and for air, soil, and water quality. Step 2 Prevention Step 3 Observation Step 4 Intervention Step 5 Evaluation & Planning Step 1 Knowledge Item 1G-87 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity Project Team Resumes Area 9 Mariposa has experienced dedicated professionals who make up the management and supervisory personnel. All employees receive ongoing training through a detailed training program. The combination of qualified dedicated management and well-trained workers enables us to provide professional levels of landscape installation and maintenance. Luis Valenzuela- Maintenance Division Manager o 21 years of experience in landscape and construction operations o Qualified Applicator Certificate: Category B o Certified Landscape Technician: Irrigation o Certified Arborist: International Society of Arboriculture: # WE-8713A o Certification – Effective Business Leadership & Development – PDC/GCC Luis Valenzuela is the Landscape Maintenance Division Manager for the Southern California region. He will be the person overlooking the Project Manager as well as the Account Manager. He will also be one of the primary contacts for the City of Palm Desert. Luis has over 22 years of work experience in the landscape and construction operation conducting and overseeing Public Works, Commercial and Residential work. He brings forth vast experience in all aspects of irrigation: maintaining, repairing and diagnosis, Maintenance and Arbor care. Luis is responsible for all aspects of project management with an emphasis on safety, high quality work, operational efficiency, and exemplary customer service. He, along with the Account Manager and Foreman, also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Andres Perez- Account Manager o Over 20 years of experience in the landscape industry o Qualified Applicator License: Category B o Certified Landscape Technician: Irrigation o Certificate – Irrigation Design o Certificate – Irrigation Troubleshooting o CVAG Overseeding Certificate Andres will be the person in-charge responsible for project management, communication with foreman, field supervisor and primary contact with the City of Palm Desert. Andres has been working for Mariposa Landscapes since 1996. He has over 20 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. With a vast experience in all aspects of irrigation: maintaining, repairing and diagnosis Item 1G-88 Our Core Values – Safety • Teamwork • Quality • Integrity Andres is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Roberto Aguilera- Field Supervisor o 12 years’ experience in the Landscape Maintenance o Internal Company Certification Landscape Irrigation Troubleshooting o Certificate - Coachella Valley Water Management Seminar o Certificate of completion on Reclaim Water Management o 5 years’ experience using Calsense and Rain Bird o Certified Landscape Technician: Ornamental Maintenance Roberto will be responsible for carrying out daily tasks and weekly schedules as well as ensuring that the work crews are doing the same. He will be responsible for documenting and communicating work reports and hazardous conditions. He will be in constant communication with Andres Perez, the Account Manager, as well as all personnel involved. Roberto has been employed with Mariposa Landscapes since 2007. He has over 12 years of work experience conducting and overseeing Public Works, Commercial and Residential landscape maintenance work. He brings forth a vast experience in all aspects of irrigation: maintaining and troubleshooting as well as landscape maintenance. Roberto is responsible for all aspects of project management, emphasizing safety, high quality work, operational efficiency, and exemplary customer service. He also conducts walk-throughs to ensure that punch lists are completed and institutes improvements to enhance the quality of work. Jose Chavez- Foreman o 11 years’ experience in Landscape Maintenance Jose will also be responsible for maintenance operations and ensuring that all contracted work is conducted per City requirements. He will report to the Field Supervisor and Account Manager. Arnulfo Aguilera – Irrigation o 8 Years’ experience in Landscape Maintenance Juan Andrade – Leadman o 10 years’ experience in Landscape Maintenance Miguel Jeronimo – Laborer o 7 years’ experience in Landscape Maintenance Jose Vargas – Laborer o 8 years’ experience in Landscape Maintenance Item 1G-89 Item 1G-90 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Niamh M. Ortega, Deputy City Clerk REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1392 REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1392. BACKGROUND/ANALYSIS: On March 23, 2023, the City Council introduced Ordinance No. 1392 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: City Clerk: Anthony Mejia City Manager: Todd Hileman ATTACHMENTS: 1.Ordinance No. 1392 Item 1H-1 ORDINANCE NO. 1392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPLACING CHAPTER 3.30 IN ITS ENTIRETY AND RESCINDING ORDINANCES NO. 224, 423, 586, 927, 928, 986, 1162, 1166, 1204, 1229, 1276, 1317, AND 1335 RELATIVE TO THE PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS WHEREAS, the City Palm Desert (“City”) periodically reviews the Palm Desert Municipal Code (“Municipal Code”) to identify areas that need updating, clarification, and revisions in accordance with state law; and WHEREAS, the last comprehensive update to the purchasing policies and procedures, codified in Municipal Code Chapter 3.30, was in the year 2018; and WHEREAS, this update will ensure consistency amongst the various contracts and purchases, simplify the procurement process while maintaining internal controls, and allow for flexibility and efficiencies; and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. Section 2. Amending Chapter 3.30. Chapter 3.30 (Purchasing System and Public Works Contracts) of the Palm Desert Municipal Code is hereby amended to read in its entirety as set forth in Exhibit “A” to this Ordinance, which is hereby incorporated by reference herein. Section 3. 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 4. 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 administrative in nature and clean-up various inconsistencies that existed in the prior version of the Municipal Code. Moreover, many Item 1H-2 Ordinance No. ____ Page 2 of 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 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON APRIL 13, 2023. ______________________ KATHLEEN KELLY MAYOR ATTEST: _____________________________ ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1392 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on March 23, 2023, and adopted at a regular meeting of the City Council held on April 13, 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 1H-3 1 Palm Desert, California Municipal Code Title 3 REVENUE FINANCE Chapter 3.30 PURCHASING SYSTEM AND PUBLIC WORKS CONTRACTS 3.30.010 Purpose. 3.30.020 Definitions. 3.30.030 Purchasing officer. 3.30.040 Purchasing officer—Powers and duties. 3.30.050 General purchasing regulations, policies, and procedures. 3.30.060 Public projects. 3.30.070 Contractual services. 3.30.080 Professional services. 3.30.090 Materials, supplies, and equipment. 3.30.095 Informal bidding procedure. 3.30.100 Formal bidding procedure. 3.30.110 Standard bid and proposal protest procedures. 3.30.120 Vendor price quotes procedure. 3.30.130 Proposal procedure. 3.30.140 Best competitive value procedure. 3.30.150 Alternative project delivery. 3.30.160 Exceptions to procurement methods. 3.30.170 Change orders. 3.30.180 Local business preference program. 3.30.190 Preference for recycled content. 3.30.010 Purpose. The purpose of this chapter is to prescribe efficient policies and procedures for the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment to better serve the city’s residents. All purchasing will be done with absolute integrity and equal opportunity will be provided to all, free of discrimination. Item 1H-4 2 3.30.020 Definitions. The following terms, whenever used in this chapter, shall be construed as follows: “Contractual services” mean all services, other than professional services, including, but not limited to, repairs, maintenance work, software subscriptions, and rental equipment. The term does not include services rendered by city officers or employees. “Department” or “agency” means a department, agency, or other unit of the city government whose affairs and funds are under the supervision and control of the city council. “Designated position” means a city staff position authorized by the city manager to make purchases consistent with this chapter subject to dollar limits set by the city manager. “Local business” means a vendor, contractor, or consultant who has a valid physical business address located within one of the nine incorporated cities of the Coachella Valley, or within an unincorporated area of Riverside County in the Coachella Valley within the boundaries of the Coachella Valley Association of Governments, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. “Materials, supplies, and equipment” means any and all articles, things, or property, other than real property, furnished to be used by any city agency. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and writing papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). “Professional services” means all services performed in a professional occupation including, but not limited to, accounting, auditing, appraising, computer hardware and software support, engineering, architectural, planning, environmental, redevelopment, financial, economic, social services, legal, construction project management, communications, land surveying and other similar professional functions which may be necessary for the operation of the city. “Public project” means construction, reconstruction, erection, alteration, renovation, improvement, and demolition work involving any publicly-owned, leased, or operated facility. 1. “Purchasing” means the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment as needed by the city. Item 1H-5 3 “Recycled-content paper” means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). 3.30.030 Purchasing officer. The purchasing officer shall be the city manager or designee. The city manager may delegate some or all of the duties of that position to one or more subordinate employees. The purchasing officer shall supervise the purchasing functions of the city. The purchasing officer is authorized to establish methods and procedures for efficient and economical purchasing. (Ord. 1374 § 1, 2022; Ord. 1335 § 1, 2018) 3.30.040 Purchasing officer—Powers and duties. The purchasing officer, in accordance with this chapter and any written policies and/or procedures approved by the city manager consistent with this chapter, shall have the power to: A Purchase and Contract. Purchase or contract for public projects, contractual services, professional services, and materials, supplies, and equipment required by the city. B Purchasing Policies Procedures. Prepare and implement policies and procedures governing the bidding, contracting, and purchasing of public projects, contractual services, professional services, and materials, supplies, and equipment for the city. C Forms. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter. D Surplus Materials, Supplies, and Equipment. Establish policies and procedures to sell, repurpose or dispose of any materials, supplies, and equipment not needed for public use or that are obsolete, damaged beyond repair, or may become unsuitable for their intended use including establishing value thresholds for surplus. E Purchase for Resale. Authorize the purchase of materials, supplies, and equipment for resale from such enterprises as the golf course, or visitor’s center to obtain the best possible price for the desired merchandise by adopting a procedure approved by the city manager. Such purchases shall not be subject to the award limits noted in this chapter, provided funding is available within the appropriated budget. F Bidder, Contractor and Vendor Lists and Catalogs. Develop and maintain any bidder’s list, contractor’s list or vendor’s list necessary to the operation of this chapter and any other policies and procedures approved by the city manager consistent with this chapter. G Recycled Product Procurement Policy. Establish and maintain procedures and specifications for the purchase of recycled-content paper and recycled-content paper products as described in Section 3.30.190(A)(4). Item 1H-6 4 3.30.050 General purchasing regulations, policies, and procedures. A Applicability of Chapter. The purchasing regulations contained in this chapter shall apply to the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment by the city. B Purchasing Limits, Authorizations and Awards. The city manager may establish dollar limits for authorizations and awards, consistent with this chapter, by designated positions, for the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment. C Subsequent Contract Awards, Amendments, Extensions or Renewals. Notwithstanding anything herein to the contrary, the city manager or designated position shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend or renew such a contract, without obtaining the next highest approval authority (e.g., the city council for the city manager), when the award, amendment, extension or renewal will result in the city paying an aggregate amount in excess of the approval authority of the city manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase “same project” shall include an on-call or as-needed contract. D Rejection of Bids and Proposals. At its discretion, the city council may reject any and all bids, proposals, quotations, or prices secured through procurement methods consistent with this chapter and take any other action deemed appropriate for the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment. E Appropriations Requirement. No contract or purchase shall be made unless the director of finance shall have first confirmed that there is an unencumbered appropriation in the fund against which such expenditure is to be charged sufficient to cover the amount of purchase or contract, unless in cases of emergency. F Performance Bonds. The city shall have authority to require a performance bond before entering a contract in such an amount as it shall find reasonably necessary to protect the best interests of the city. G Confidentiality of Proposals. Contracts let pursuant to proposals permitting negotiations shall be opened and their contents secured to prevent disclosure during the process of negotiating with competing proposers. If proposals are opened publicly, only the names of the proposers shall be revealed, while prices and other information concerning the proposals shall not be disclosed until negotiations are complete and before award is made by the city council. 3.30.060 Public projects. A Two Thousand Dollars ($2,000) or Less. Public projects of Two Thousand Dollars ($2,000) or less may be awarded by a city department head after selecting a qualified contractor and negotiating a contract in the best interest of the city. B Seventy-Five Thousand Dollars ($75,000) or Less. Public projects of Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120) after selecting a qualified contractor or any exception Item 1H-7 5 consistent with this chapter. Public projects of up to Twenty-Five Thousand Dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). The contract shall be awarded in the best interest of the city. C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city manager, to the extent the city council has budgeted funds for the project, pursuant to the informal bidding procedure (Section 3.30.095) and to the lowest responsible bidder. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Public projects of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to the formal bidding procedure (Section 3.30.100) and to the lowest responsible bidder. The city council may reject any or all bids received, and may waive any irregularities in each bid received. E Review and Approval of Plans and Specifications. The director of public works and city engineer, or their designees, are authorized to review and approve engineering plans for all public projects. This shall include the working details, drawings, plans and specifications prepared for every public project, including emergency and change order work, which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property. F Municipal Projects. Except on locally funded public projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on city public projects shall be subject to California Prevailing Wage Law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time, or otherwise proscribed by law. The only limitation on the provisions of this subsection shall be in the event federal funding requirements supersede state prevailing wage laws. G H Applicability of Public Contract Code. 1. Pursuant to Public Contract Code section 1100.7, the city is expressly exempt from the Public Contract Code except to the extent the city has expressly adopted one or more provisions of the Public Contract Code pursuant to the city charter, this code, city council resolution or other city council action, or express terms of a city contract. 2. 3.30.070 Contractual services. A Two Thousand Dollars ($2,000) or Less. Contractual services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified vendor and negotiating a contract in the best interest of the city. Item 1H-8 6 B Seventy-Five Thousand Dollars ($75,000) or Less. Contractual services of Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Contractual services of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Contractual services of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter. E Award. All contractual services shall be awarded in the best interest of the city, determined in the sole discretion of the city council, city manager, or designated position authorized to award the contract. 3.30.080 Professional services. A Ten Thousand Dollars ($10,000) or Less. Professional services of Ten Thousand Dollars ($10,000) or less may be awarded by the city manager after selecting a qualified vendor and negotiating a contract in the best interest of the city. B Seventy-Five Thousand Dollars ($75,000) or Less. Professional services of Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the proposal procedure (Section 3.30.130), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Professional services of up to twenty- five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city manager pursuant to the proposal procedure (Section 3.30.130), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Professional services of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall be awarded by the city council pursuant to the best competitive value procedure (Section 3.30.140) or any exception consistent with this chapter. E Award. Contracts for professional services shall be awarded to the consultant who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications and suitability for the project in general. The city may consider cost of professional services if determined to be a relevant factor under the circumstances, but cost shall not be the sole determining factor. Item 1H-9 7 3.30.090 Materials, supplies, and equipment. A Two Thousand Dollars ($2,000) or Less. Materials, supplies, and equipment of Two Thousand Dollars ($2,000) or less may be awarded by a city department head after selecting a qualified vendor and negotiating a contract in the best interest of the city. B Seventy-Five Thousand Dollars ($75,000) or Less. Materials, supplies, and equipment of Seventy-Five Thousand Dollars ($75,000) or less may be awarded by the city manager pursuant to the vendor price quotes procedure (Section 3.30.120), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Materials, supplies, and equipment of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). C More than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000). Materials, supplies, and equipment of more than Seventy-Five Thousand Dollars ($75,000) to Two-Hundred Fifty Thousand Dollars ($250,000) or less may be awarded by the city manager pursuant to the informal bidding procedure (Section 3.30.095), best competitive value procedure (Section 3.30.140), or any exception consistent with this chapter. Materials, supplies, and equipment of up to twenty-five thousand dollars ($25,000) may be awarded by a designated position, subject to the limits and authorizations established under Section 3.30.050(B). The contract shall be awarded in the best interest of the city. D More than Two-Hundred Fifty Thousand Dollars ($250,000). Materials, supplies, and equipment of more than Two-Hundred Fifty Thousand Dollars ($250,000) shall, except as otherwise provided in this chapter, be awarded by the city council pursuant to formal bidding procedures and to the lowest responsible bidder. The city council may reject any or all bids received and may waive any irregularities in each bid received. 3.30.095 Informal bidding procedure. A The informal bidding procedure shall follow the formal bidding procedure except that the city shall maintain a list of qualified vendors and contractors established by this chapter, the notice inviting informal bids shall be provided to all vendors and contractors on the bidder list and/or to a designated construction trade journals not less than ten (10) calendar days before the date of opening bids, and award shall be by the city manager. The development and maintenance of the contractors list will be established by the purchasing officer. 3.30.100 Formal bidding procedure. A Uses of Formal Bidding Procedure. This formal bidding procedure shall be used whenever formal bidding is required. B Notice Inviting Formal Bids. Notice inviting formal bids shall be issued and at a minimum: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of bids; and (4) include any other information required by state or local law. Item 1H-10 8 C Published Notice. The notice shall be published at least ten calendar days before the date of opening the bids on the city’s website and on an electronic bulletin board or an Internet site that is a generally recognized source of local public works contract information. D Bidder’s Security (Projects). All bids require one of the following forms of bidder’s security: (1) cash; (2) cashier’s check made payable to the city; or (3) a bidder’s bond executed by an admitted surety insurer made payable to the city. Such security shall be an amount at least equal to ten percent of the amount bid. No bid shall be considered unless security in the form above set forth is provided with the bid. E Forfeiture of Security (Projects). If the successful bidder fails to execute the contract and provide any required documentation, the bidder’s security shall be forfeited to the city. The city council may, on refusal or failure of the successful bidder to execute such contract, award the contract to the next lowest responsible bidder submitting a responsive bid. If the city council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second low bid. The surplus, if any, shall be utilized to offset any and all costs of preparation and printing of plans, specifications, estimates of cost, publication of notices, and any surplus remaining shall be returned to the lowest bidder who fails to execute the contract. F Review of Bids. The city shall review all bids received for completeness, accuracy, responsiveness to the notice inviting bids and bid documents, and the city’s experience with or knowledge of the qualifications and reliability of each bidder and prepare a recommendation for award to the city council. The city council may waive any irregularities in each bid received. G No Bids. If no bids are received, the city council may have the project done in any manner that the city council may direct without further complying with this chapter. H Award of Contract. The contract shall be awarded in accordance with all applicable sections of this chapter. If two or more bids received are the same amount, the city council may decide which bid to accept and award. I Rejection of Bids. The city council may, in its sole and absolute discretion, reject all bids presented. After all bids are rejected, the city council shall have the option of any of the following: 1. Abandon the project; 2. Readvertise for bids in the manner described in this chapter; 3. Perform the work by employees of the city; or 4. Have the project done by force account, or procure materials, supplies, and equipment on the open market. J Relief of Bidders. A bidder shall not be relieved of its bid unless by consent of the city council nor shall any change be made in the bid because of mistake. The requesting party should provide to the city council in written form the facts that establish to the satisfaction of the city council that: (1) a mistake was made; (2) written notice was given to the city of that mistake within five days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids specifying how the mistake occurred; (3) the mistake made the bid materially different than it was Item 1H-11 9 intended to be; and (4) the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. If the protest does not comply with each of these requirements, the city may reject the protest without further review. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder(s), and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time. 3.30.110 Standard Bid and Proposal Protest Procedures. A Effect of Failure to Protest. The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder, proposer or other vendor to dispute the award of a contract that the city solicits through a competitive process. A protest that does not comply with these procedures may be summarily rejected and the person submitting the protest shall be deemed to have waived all rights to relief. B Protests of Solicitation Method. By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other vendor shall be deemed to have waived all rights to challenge the city’s method for procuring the contract or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit bids, proposals or other applications under protest. Protests under this section shall be submitted in writing to the official designated to receive the bid, proposal or other application and shall contain a full summary of the factual and legal basis for the protest. C Protests of Award. A bidder, proposer or other vendor applying for a city contract through a competitive process may submit a written protest of the award of the contract. The protest shall identify and explain the factual and legal grounds for the protest. Any grounds not raised in the written protest are deemed waived by the protesting bidder. D Waiver. Any person that: (1) did not directly submit a bid or proposal, (2) is not responsible or qualified to receive the contract, (3) failed to submit a responsive bid or proposal, (4) is not in line to receive the contract or is otherwise ineligible to receive the contract, (5) is otherwise not beneficially interested in the award, or (6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the contract. Any protest deemed waived will be subject to summary rejection without further consideration and the person will have no right to any relief. E Timing of Protest of Award. Protests shall be submitted in writing to the official designated to receive the bid, proposal or other application within the following times: 1. If of another bidder, within five (5) after the bid opening date. 2. If the city makes a recommendation to the city council to award a proposal or other application, then within five (5) calendar days following the issuance of the recommendation and prior to the date of the award. 3. If in response to a notice of intent to reject a bid, proposal or other application, then within five calendar days following the issuance of the notice of intent. Item 1H-12 10 F City Response. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder, proposer or other vendor, and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time. If the protest is in response to a recommendation of award to the city council, then the protest will be considered concurrently with the award of the contract, and the approval authority’s action is final. G Conflicts. The protest procedures contained in this section shall not apply if a particular solicitation contains a different protest procedure. This section does not limit or eliminate a claimant’s obligations under the Government Claims Act, Government Code Section 900 et seq. H 3.30.120 Vendor price quotes procedure. City staff shall solicit from an approved list of vendors via posted notice, telephone request, mail, email, or any other reasonable solicitation method, price quotes documented in writing. If unable to obtain a minimum of three (3) price quotes from approved vendors, staff shall procure by the best competitive value procedure (Section 3.30.140). The development and maintenance of the list of approved vendors will be established by the purchasing officer. 3.30.130 Proposal procedure. City staff shall solicit from an approved list of vendors via posted notice, telephone request, mail, email, or any other reasonable solicitation method, proposals documented in writing. If unable to obtain a minimum of three (3) proposals from approved professional service firms, staff shall procure by the best competitive value procedure (Section 3.30.140). The development and maintenance of the list of approved vendors will be established by the purchasing officer. 3.30.140 Best competitive value procedure. The best competitive value procedures utilizes request for qualifications (“RFQ”) and/or request for proposals (“RFP”) to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city. The following minimum guidelines and procedures shall be implemented. A Notice Inviting RFQs or RFPs. At a minimum, the notice inviting RFQs or RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of qualifications or proposals; (4) describe general parameters for evaluation and selection; and (5) include any other information required by state or local law. B Published Notice. City staff shall solicit RFQs or RFPs via published notice on the city’s website or a website that electronically receives bids. C Review of Qualifications or Proposals. City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFPs and rank proposals based on factors listed in the RFQ/RFP. Item 1H-13 11 D Negotiation. Once proposals are ranked, city may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. City may also dispense with negotiations and recommend an award based on the proposals. E Award. Award will be made in accordance with this chapter. F Rejection of Proposals or Qualifications. The city council may, in its sole and absolute discretion, reject all qualifications or proposals presented and re-advertise. 3.30.150 Alternative project delivery. As an alternative to the formal bidding procedure set forth in this chapter, the city may, for public projects, cause to be prepared estimates and documents for the procurement of public projects through alternative project delivery. Upon approval by the city council, the city may use the following methods of project delivery: design-build, progressive design-build, and construction manager/general contractor method. The purchasing officer is authorized to establish the procurement procedures for these methods of project delivery. As used in this chapter: A “Best value” means a value determined by evaluation of objective criteria that relate to price, features, functions, life-cycle costs, experience, and past performance. A best value determination may involve the selection of the lowest cost proposal meeting the interests of the city and meeting the objectives of the project. B “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. A Construction Manager/General Contractor method contract shall be awarded on a best value or qualifications basis. C “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. Design-build shall be awarded on a best value basis. D “Progressive design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. A progressive design-build contract shall be awarded on a best value or qualifications basis. E 3.30.160 Exceptions to procurement methods. Item 1H-14 12 A Minimum Procurement Levels. When the city manager establishes a minimum dollar threshold where the procurement of public projects, contractual services, professional services, and materials, supplies, and equipment are not subject to any of the required procurement methods in this chapter. The city shall work to procure these items in the best interest of the city. B Disaster Relief. When in the case of a disaster, as further explained in Chapter 2.48, the requirements of this chapter do not apply. C Emergency. While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that normal purchasing procedures may be used. 1. “Emergency” means a sudden, unexpected occurrence that poses a clear, eminent danger requiring immediate action to protect the health and safety of the public, including to prevent or mitigate the loss or impairment of life, health, property or public services. 2. In the case of an emergency which requires the immediate procurement of public projects, contractual services, professional services or materials, supplies, and equipment, the city manager may authorize the purchasing officer to procure these items without regard to the provisions of this chapter; provided that a written public record shall be kept showing the nature of the emergency and the city manager’s authorization to proceed under the provisions of this section. The city manager shall terminate the emergency action at the earliest possible date that conditions warrant. D No Competitive Market. When the city council determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the formal bidding procedure, the city may use any other procurement method. E Competitive Bidding Already Completed. When the purchasing officer, with the approval of the city manager, determines that: (1) a competitive bid procedure has been conducted by another public agency, including, but not limited to, another local agency, the state through the California Multiple Award Schedule (CMAS), the federal government through the General Services Administration (GSA), or a joint powers agency, authority or alliance that procures competitive contracts; and (2) the price to the city is equal to or better than the price to that public agency. F State Purchase. When the purchase is made on behalf of the city by the State Department of General Services. G Mandated Expenditures. When expenditures are mandated by law or regulation, such as county booking fees, utilities, postage (for delivery charges through the U.S. Postal Service), waste disposal fees or other non-negotiable permit, use or application fees. H Shared Services. When the city council or city manager authorizes the award and execution of contracts for services, subject to the dollar limits consistent with this chapter, that are provided by another government, public entity, joint powers authority, quasi-governmental entity, special district or nonprofit entity that will maximize efficiency, increase cost effectiveness, increase range of services, minimize duplication, provide training or education encourage collaboration or standardize efforts, or leverage government resources. Item 1H-15 13 I Best Interest of City. When the city council or city manager authorizes the award and execution of contracts, subject to the dollar limits consistent with this chapter, without competitive bidding provided that the city council or city manager finds that such award is in the best interest of the city, or of the public health, safety, and welfare. J Sole Source. When the city manager determines that there is only one source that provides the needed public project, contractual service, professional service or materials, supplies, and equipment or a product to ensure compatibility with other city products and equipment, the city shall work to procure these items in the best interest of the city. K Purchase of Recurring Charges, 1. The Purchasing Officer may create an open vendor list for the purposes of providing services and goods for the fiscal year for ongoing cleanup, maintenance and different routine items that are of a continuing nature. 2. Prior to each fiscal year, an invitation to provide pricing for certain goods or services should be posted and remain posted through the fiscal year to offer vendors to provide pricing throughout the year and provide equal bidding opportunities. Prices from each vendor shall be obtained in a manner to ensure competitive pricing, in the best interest of the city. 3. The aggregate yearly threshold for each vendor may be determined by the city council, at the recommendation of the city manager. A vendor list may be approved by the city council as often as necessary but not less than once every twenty four (24) months. 4. The aggregate yearly threshold for each vendor may be determined by the city council, at the recommendation of the city manager. A vendor list may be approved by the city council as often as necessary but not less than once every twenty four (24) months. L Otherwise Authorized. When otherwise authorized by this chapter or applicable law. 3.30.170 Change orders. A The city manager or designee shall have authority to approve change orders for public projects, contractual services, professional services, and materials, supplies, and equipment previously awarded by the city manager, provided that change orders aggregated with the original contract do not exceed Seventy-Five Thousand Dollars ($75,000), subject to an unencumbered appropriation in the fund against which such expenditure is to be charged. B During the award of a contract by the city council, the council may give the city manager the authority to approve change orders, specific to that contract, based on either a percentage of the contract or a specific dollar amount. If no specific authority is given by the city council, the city manager may approve change orders for a city council awarded contract subject to the dollar limits consistent with this chapter, provided such change orders are within the approved contingency. C Change orders in excess of the city manager’s authority may be approved by the city manager and submitted to city council for ratification under the following circumstance: Item 1H-16 14 1. The failure to immediately issue a change order may result in significant project cost increases or an unacceptable project delay due to work stoppage or other inefficiencies; 2. A special meeting or a regularly scheduled meeting of the city council is not scheduled within a reasonable period of time to sufficiently remedy the problem; and 3. Funding for the change order is currently available within the appropriated budget. 3.30.180 Local business preference program. A Statement of Policy. It is the policy of the city to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, workers, businesses, contractors, and consultants to the extent consistent with the law and interests of the public. B Local Preference in Purchasing. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in this chapter, the purchasing officer may give a preference to local businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the local business’ total bid price. Total bid price shall include not only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley. C Local Preference in Professional Services. In awarding contracts for professional services, including consultant services, preference to local business shall be given whenever practicable pursuant to this chapter consistent with the statement of policy in subsection A of this section. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub-consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response and provide a copy of its current business license from a jurisdiction in the Coachella Valley. D Exceptions to Local Business Preference Policy. The preference set forth in this section shall not apply to the following purchases or contracts: 1. Goods or services provided under a cooperative purchasing agreement; 2. Purchases or contracts which are funded in whole or in part by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; 3. Purchases made or contracts let under emergency or noncompetitive situations; 4. Purchases with an estimated cost of twenty-five thousand dollars or more; 5. Application of the local business preference to a particular purchase, contract, or category of contracts for which the city council is the awarding authority may be waived at the city council’s discretion; Item 1H-17 15 6. Public projects; 7. Bids that are nonresponsive. E Quality and Fitness. The preferences established in this section shall in no way be construed to inhibit, limit or restrict the right and obligation of the purchasing officer to compare quality and fitness for use of supplies, materials, equipment, and services proposed for purchase and compare the qualifications, character, responsibility, and fitness of all persons, firms, or corporations submitting bids or proposals. In addition, the preferences established in this section shall in no way be construed to prohibit the right of the city council or the purchasing officer from giving any other preference permitted by law or this chapter. F Verification of Local Business Preference Eligibility. Any vendor or consultant claiming to be a local business, shall so certify in the bid. The purchasing officer shall not be required to verify the accuracy of any such certifications, and shall have sole discretion to determine if a vendor or consultant meets the definition of “local business.” G Enforcement. 1. The information furnished by each bidder requesting a local business preference shall be under penalty of perjury. 2. No person or business shall knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification as a local business for the purpose of this section. 3. No person or business shall willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a city official or employee for the purpose of influencing the certification or denial of certification of any entity as a local business. 4. A business which has obtained city certification as a local business by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall: a. Pay to the city any difference between the contract amount and what the city’s costs would have been if the contract had been properly awarded; b. In addition to the amount described in subsection (G)(4)(a), be assessed a penalty in an amount of not more than ten percent of the amount of the contract involved; and c. Be subject to debarment from future award of contracts from the city. 5. The penalties identified in subsection (G)(4) shall also apply to any business that has previously obtained proper certification and, as a result of a change in its status would no longer be eligible for certification, fails to notify the purchasing officer of this information prior to responding to a solicitation or accepting a contract award. 3.30.190 Preference for recycled content. Item 1H-18 16 A Environmentally Preferable Practices. The city will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the city facilities is wasteful of natural resources, energy, and money. 1. The city will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The city will decrease the amount of waste of consumable materials by: a. Reducing the consumption of consumable material wherever possible. b. Fully utilizing all material prior to disposal. c. Minimizing the use of nonbiodegradable products wherever possible. 3. The city will cooperate with, and participate in, recycling efforts being made by the city and county. As systems for recovering waste and recycling develop within the city limits, the city will participate by appropriately separating and allowing recovery of recyclable waste products. 4. All vendors providing paper products and printing and writing paper shall: a. Provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, if fitness and quality are equal, and available at equal or lesser price. b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12. B Representatives of the city will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. C City employees shall refer to the adopted recovered organic waste product procurement policy for proper purchasing and recordkeeping procedures related to recovered organic waste products and recycled-content paper products and recycled-content printing and writing paper. Item 1H-19 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Jason Austin, Social Services Coordinator REQUEST: ADOPT RESOLUTION OPTING INTO SETTLEMENT AGREEMENTS WITH DISTRIBUTORS OF OPIOIDS, WALGREENS CO., WALMART, INC., AND CVS HEALTH CORPORATION/CVS PHARMACY, INC., AND OPIOID MANUFACTURERS TEVA PHARMACEUTICAL INDUSTRIES LTD. AND ALLERGAN FINANCE, LLC/ALLERGAN LIMITED RECOMMENDATION: 1. Adopt Resolution opting into separate settlement agreements with opioid distributors and manufacturers including, Walgreens Co., Walmart, Inc., CVS Health Corporation/CVC Pharmacy, Inc, Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC/Allergan Limited. 2. Authorize the City Manager to execute the Participation Agreements with the Settling Defendants, proposed California State Subdivision Agreement Regarding Distribution and Use of Settlement Funds with the Settling Defendants, and any other documents necessary to implement the action. BACKGROUND/ANALYSIS: Last year, litigation brought by states and cities nationwide against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the ‘Distributors’), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) (J&J), resulted in two proposed settlements totaling approximately $26 billion dollars. Distributors and the J&J Settlements have started processing payments. Between November and December 2022, five additional parties (the “New Parties”) have entered National Opioid Settlements with terms identical to the Distributors/J&J Settlements. The City can opt into these new settlements, thereby releasing its’ claims against the New Parties, in order to receive the funds. The City of Palm Desert’s allocation would be 0.083% of the 70% of the approximate $1.8B (best case scenario), which is equal to $1,054,000 and will be distributed over a 15-year period. The final allocation is not yet known; however, upon receipt annually, funding must be used over a five-year period or must be remitted to the State. Use of the funds are restricted to certain opioid abatement/remediation uses. The City can either allow the funds to be used by the County of Riverside or elect to use the funds itself, subject to reporting requirements by the State. Alternatively, the City can take no action, thereby opting out of the settlements, while maintaining its’ right to pursue litigation against the New Parties. The County is still determining how to use the funds. ALLOCATION OF FUNDS: Additional litigation brought by states and cities nationwide against the New Parties has resulted in a proposed settlement totaling approximately $20.2 billion dollars. The proposed settlement Item 1I-1 City of Palm Desert Consider Opting Into Opioid Settlement Agreements Page 2 of 3 is broken into five separate deals. The estimated total nationwide payout and payment schedules are outlined below: Defendant Estimated Max Payout Years Walgreens $5,522,528,766 15 years Walmart $3,011,242,061 Primarily paid within 3 years, but if participation levels are not met until later, payment can extend over 6 years CVS $5,002,083,578 10 years Teva $4,246,567,372 6 years Allergan $2,372,972,184 7 years Of the amounts listed above, California is anticipated to receive approximately $1.8 billion and will distribute funds pursuant to intrastate allocation agreements for the new settlements. USE OF RECEIVED FUNDS: Similar to the Distributor and J&J Settlements, funds received from these settlements must be used for future opioid remediation or abatement. Participating cities may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; prevent misuse of opioids; and prevent overdose deaths. Based on staff’s review of potential eligible uses of settlement funds, and the specificity of its potential use, staff recommends using the funds to focus on street outreach and treatment linkage for individuals experiencing homelessness struggling with substance use. Annual reports are required showing use of funds until one year after the funds are fully expended. The City must opt into the settlements by April 18, 2023, which requires the City to release its claims against the New Parties. If the City takes no action, it will have opted out of the settlements and its designated funds will flow to the State. The City would still have the opportunity to bring its own action against the New Parties. FINANCIAL IMPACT: The funds received as a result of opting into the settlement are restricted, therefore there is no direct impact to the General Fund. The Special Fund necessary to monitor these funds may receive $1,054,000.00 over a 15-year period that may be used to address opioid abatement. Item 1I-2 City of Palm Desert Consider Opting Into Opioid Settlement Agreements Page 3 of 3 REVIEWED BY: Department Director: Chris Escobedo City Attorney: Robert W. Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Opioid Settlement Resolution 2. Walgreens Settlement 3. Walmart Settlement 4. CVS Settlement 5. Teva Settlement 6. Allergan Settlement 7. Intrastate Allocation Agreements Item 1I-3 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and, WHEREAS on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and, WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and, WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”); and, Item 1I-4 Resolution No. 2022-____ Page 2 WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”); and, WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and, WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants”; and WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants; and, WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants; and, WHEREAS, copies of the Master Settlement Agreements have been provided to the City Council with this Resolution; and, WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”); and, WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State- Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and, WHEREAS, copies of the Allocation Agreements for all of the settlements with the Settling Defendants have been provided with this Resolution; and, WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and, WHEREAS, under the Master Settlement Agreements, certain local subdivisions Item 1I-5 Resolution No. 2022-____ Page 3 that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and, WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and, WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and, WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and, WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements. NOW, THEREFORE, BE IT RESOLVED by the City of Palm Desert City Council as follows: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements and Allocation Agreements, including taking the following measures: 1.The execution of the Participation Agreements with the Settling Defendants and any and all documents ancillary thereto. 2.The execution of the Proposed California State-Subdivision Agreement Item 1I-6 Resolution No. 2022-____ Page 4 Regarding Distribution and Use of Settlement Funds with the Settling Defendants by executing the signature pages to those Allocation Agreements. 3. Notify the Settlement Fund Administrator that the City requests a direct payment under the Allocation Agreements at least 60 days prior to the Payment Date in the Settlement Agreements. SECTION 3. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. PASSED, APPROVED AND ADOPTED this 13th day of April 2023. 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. 2022-__ 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 _______________________, by the following vote: AYES: NOES: Item 1I-7 Resolution No. 2022-____ Page 5 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 ______________, 20__. ANTHONY J. MEJIA CITY CLERK Item 1I-8 Attachments 2 through 7 are included as separate attachments. Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Rosie Lua, Deputy Director of Development Services Chris Escobedo, Assistant City Manager REQUEST: APPROVE AMENDMENT NO 4 TO CONTRACT NO. C41690 WITH HR GREEN PACIFIC, INC., FOR ENGINEERING DESIGN REFERENCE MANUAL AND STANDARDS, NOT TO EXCEED $128,900 RECOMMENDATION: 1. Approve Amendment No. 4 to contract No C41690 with HR Green Pacific, Inc., for the Engineering Design Reference Manual and Standards, not to exceed $128,900. 2. Authorize the City Manager to execute Contract Amendment No. 4. BACKGROUND/ANALYSIS: The City’s engineering design standards were put into place in 1976 serving as the standards for construction of public infrastructure and regulating private installations. These standard drawings and specifications regulate stormwater management, access and circulation, and address streets, sidewalks, bicycle paths, street lighting, parking, signs and markings, traffic signals, utilities, and solid waste. In an evaluation of the current engineering design standards, staff found that a comprehensive update to the standards was minimal since its original inception. Staff has identified 20-30 standard engineering detail drawings for immediate implementation. In addition, the City’s adopted General Plan Circulation Element which provided guidelines for engineering roadway typical sections and the Coachella Valley Association of Governments (CVAG) Active Transportation Program Design Guidelines providing guidance for the design of bicycle and pedestrian facilities, had not been incorporated as standards. Staff concluded that formalizing design guidelines that included policies and standards into a manual will ensure proper, consistent, and uniform design for capital improvement projects and private development. On January 18, 2023, staff circulated a Request for Proposals (RFPs) seeking a firm to create an Engineering Design Reference Manual and policies based on the City’s infrastructure design guidelines. The City’s current engineering consultant firms (MBI, which is the City’s contract city engineer, and HR Green) were precluded from the process to allow for an independent review of the standards. The City received one (1) proposal, for which an interview took place, on March 3, 2023. After evaluation of the RFP and the interview, staff concluded that the firm had extensive landscape standard expertise but did not provide a comprehensive response to the engineering requirements of the RFP. To keep this project on track, City staff reached out to the current engineering firms to have one (1) firm perform the work, while the other reviews and audits the final documents. Item 1J-1 City of Palm Desert HR Green, Inc. (C41690 Amendment No. 4) – Engineering Design Reference Manual and Standards Page 2 of 2 Approving this amendment with HR green will bring on board an experienced team to develop an engineering manual and standards plan to facilitate consistent, high quality private development and capital projects for Palm Desert. The scope of work includes: • Provide inventory of existing standards and policies, • Update/re-validate existing engineering design standards and create new standard detail drawings, • Review best practices of other agencies including standards and policies, • Develop new standards consistent with planned infrastructure previously adopted by the City, • Evaluate General Plan and recent major specific plans for roadway classifications and create roadway typical sections for consistency with City expectations, and • Prepare a new Engineering Design Manual for Council consideration. FINANCIAL IMPACT: This amendment is not to exceed $128,900. Funds are available in account number is 1104300- 4301000. REVIEWED BY: Department Director: Chris Escobedo Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Executed Agreement 2. Previous Amendments 1 through 3 3. Contract Amendment No. 4 4. Proposal Item 1J-2 CITY Of FAIM O[SERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 info` ..cityofpalmdesert.org July 14, 2021 HR Green 44651 Village Court, Suite 125 Palm Desert, California 92260 Dear Sir or Madam: Subject: Contract No. C41690 - Professional Services Aareement to Provide On -call Support Services to the Development Services and Public Works Departments At its regular meeting of June 24, 2021, the Palm Desert City Council, by Minute Motion, authorized the City Manager to execute a Professional Services Agreement with HR Green, Inc., Palm Desert, California, to provide on -call support services to the Development Services and Public Works Departments in an amount not to exceed $590,000. Enclosed is a fully executed Professional Services Agreement for your records. If you have questions or require additional information, please do not hesitate to contact us. Sincerely, 21 M. GLORIA SANCHEZ ACTING CITY CLERK mgs Enclosure (as noted) cc: Eric Ceja, Deputy Director of Development Services 93 ED ON RECYCLED PAPER Item 1J-3 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT Contract No. C41690 1. PARTIES AND DATE. This Agreement is made and entered into this 24th day of June, 2021, 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 HR Green Pacific, Inc. with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879 ("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 Engineering Services (hereinafter referred to as "the Project"). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2021 to June 30, 2022 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3. 2 Responsibilities of Consultant. 3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. 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 Item 1J-4 Contract No. C41690 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2. 2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: George A. Wentz, Vice - President, and Tim Jonasson, Project Manager. 3.2. 5 City's Representative. The City hereby designates Eric Ceja, Deputy Director of Development Service, 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 deliverables 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 George A. Wentz, Vice -President, 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 represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant Revised 11-2-20 BBK 72500.00001\32374887.1 Item 1J-5 Contract No. C41690 represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2. 9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 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 represents 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 represents 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 Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3. 2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3. 2.11 Insurance. Revised 11-2-20 BBK 72500 00001\32374887.1 Item 1J-6 Contract No. C41690 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 $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no Tess 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. Revised 11-2-20 BBK 72500.00001\32374887.1 4- Item 1J-7 Contract No. C41690 5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. F) Fidelity Coveraae. Reserved. G) Cvber Liability Insurance. Reserved. If coverage is maintained on a claims -made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. D) City's Riahts 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. 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 Subroaation. 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. Revised 11-2-20 BBK 72500.00001\32374887.1 5- Item 1J-8 Contract No. C41690 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 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 Throuah 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) Citv'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. Revised 11.2-20 BBK 72500.00001\32374887.1 6- Item 1J-9 Contract No. C41690 0) 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 Manaaement 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 represents that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 3. 3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed two -hundred and fifty thousand dollars ($250,000) without written approval of the City Council or City Manager, as applicable. 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 "C" of this Agreement. 3. 3. 4 Extra Work. At any time during the term of this Agreement, City may Revised 11-2-20 BBK 72500.00001\32374887.1 7- Item 1J-10 Contract No. C41690 request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing 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 represents 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 Revised 11-2-20 BBK 72500.00001\32374587.1 8- Item 1J-11 Contract No. C41690 accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be dearly 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 Aareement. 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. 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 of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. Any use or reuse of any documentation produced by the Consultant for Services under this Agreement without the Consultant's written permission shall be at the City's sole risk and without any liability to the Consultant. 3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 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: City: HR Green Pacific, Inc. 44-651 Village Court, Suite 125 Palm Desert, CA 92260 ATTN: George A. Wentz, Vice -President City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Eric Ceja, Interim Director of Development Services 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. Revised 11-2-20 BBK 72500.00001 \ 32374887 1 9- Item 1J-12 Contract No. C41690 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 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 represents 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 use or re -use of the Documents & Data on such other project. Consultant shall be responsible 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 Revised 11-2-20 BBK 72500.00001\32374887.1 10- Item 1J-13 Contract No. C41690 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 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 f Reservedl 3.6. 6 Indemnification. 3. 6. 6.1 To the fullest extent permitted by law, Consultant shall indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, costs, liability, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, caused by the negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents during the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney's fees and other related costs except such loss or damage caused by the 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. Revised 11-2-20 BBK 72500.00001132374887.1 11- Item 1J-14 Contract No. C41690 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. 3.6.10 Citv'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. Revised 11-2-20 BBK 72500.00001\32374887.1 12- Item 1J-15 Contract No. C41690 3. 6.16 No Third-Partv Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity: Severabilitv. 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 represents 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 represents 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 authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party represents 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] Revised 11-2-20 BBK 72500.00001\32374887.1 13- Item 1J-16 Contract No. C41690 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND HR Green Pacific, 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 L. TOL'HILEfVIAN CITY MANAGER ATTEST: By. ]A M. GLORILA S NCHEZ ACTING I CLERK I, PROVED- AS TO FO M: st Best : rieger Ci y Attorney REVIEWED Eric Ceja Inter.\m Directorpment Services Andy Firestine Assistant City M HR Green Pacific, Incorporated By: Its: Vice -President Printed Name: George A. Wentz Revised 11-2-20 B B K 72500.00001132374887 1 14- Item 1J-17 Contract No. C41690 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\v,e(SICk- On 1 LA.A.' Li . 2C2\ , before me, L . \i; , Notary Public, personally aipeared C V . \1Qe*z , who proved to me on the basis of satisfactory evidence to be the person(s) who 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. L.VILLASENOR Notary Public - California Riverside County Commission # 2288589 My Comm. Expires Jun 12, 2023 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. 9 natLre of Nota4Public 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 Individual Corporate Officer Partner(s) Title(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Revised 11-2-20 BBK 72500.00001\32374887.1 16- Item 1J-18 Contract No. C41690 EXHIBIT "A" SCOPE OF SERVICES The City of Palm Desert Development Services Department was created to integrate all land development planning, engineering, and building decisions in one department to streamline services to the public and the construction industry. The Development Services Department is responsible for all review and analysis of planning applications; land alteration; review and approval of all tentative and final tract maps and parcel maps, street vacations/dedications, lot line adjustment/parcel map waivers, and related documents for compliance with the California State Subdivision Map Act; and plan review and inspections of commercial and residential construction projects within the City of Palm Desert. The Department also performs inspection and enforcement activities required to ensure compliance with the City's codes. Due to fluctuating workloads and limited staffing, it is necessary at times to employ third party agency services on some projects to maintain reasonable response times. With the improvement in the economy, and several projects planned for the near future, on -call, third party services will be necessary to avoid a reduction in service to the community as workload increases. Some on -call service may be full-time, or part-time at an hourly rate, at the discretion of the City. If the Consultant is unable to self -perform all required functions, the Consultant shall subcontract those services. The scope of work for any one function may involve multiple aspects and skills required to see a project through from initial consultation to final approvals, inspections, and project close-out. The specific scope of work includes: 1. Provide On -Call Building Staffing. Consultant will provide building department on -site support staff that may include chief building official (CBO), inspector, permit technicians, and plans examiners on an on -call basis for the City of Palm Desert. Such staff shall support the regulation and implementation of building standards, including: the processing of various types of commercial and residential building permit types; the calculation of f ees; conducting plan review for compliance with applicable State and local codes; the scheduling and performance of inspections on permitted projects at each necessary point of progress verifying compliance with the approved plans; and other support roles as identified by the City in support of the operation of a one -stop permit processing operation. 2. Provide Building Plan Check Services The Consultant shall review all plans and supporting documents submitted for projects for which a building permit is requested. If, after initial review the documents are found to be in substantial compliance with the State Building Code and local ordinances, the plans, and documents shall be stamped a reviewed and accepted for construction. If corrections are found to be needed a report shall be prepared by the Consultant specifying the needed corrections, and shall be transmitted to the applicant. Plan checks will be subject to the following maximum turn -around times: Revised 11-2-20 BBK 72500.00001\32374887.1 17- Item 1J-19 Contract No. C41690 Type of Project First Submittal Subsequent Commercial (new building or addition) 15 working days 5 working days Tenant Improvement 8 working days 3 working days Residential (new construction) 10 working days 5 working days Residential (addition, remodel, and minor permits) 8 working days 3 working days 2. Provide On -Call Staffing for Land Development Planning, Engineering, and Code Compliance Consultant will provide planning and engineering support staff on an on -call basis for the City of Palm Desert in support of land development functions. Such services may need to be provided on -site, at the discretion of the City. Responsibilities may include support for plan intake, processing, and review and may also include the preparation of environmental documents in accordance with the California Environmental Quality Act (CEQA), as needed. o On an as needed basis and in conjunction with City staff, be available to attend field meetings to discuss with engineers, contractors, and developers project related items. o On an as needed basis, participate in department meetings and be available to discuss with City staff, engineering related issues that may occur. On an as needed basis, prepare and review staff reports and attend Planning Commission or City Council meetings to provide staff support. Consultant will provide qualified personnel, such as a California licensed and registered engineer or surveyor, to perform the duties of the city engineer or surveyor as directed by the City on an as -needed basis. Consultant will provide code compliance support staff on an on -call basis for the City of Palm Desert. Such support staff are expected to operate in the field. 3. Technology Implementation Consultant will provide support for technology implementation on an on -call and as needed basis, which may include support for the implementation enterprise permitting and records management programs. In addition to support for the newly created Development Services Department, the City of Palm Desert also seeks reach back support for a range of other services, which may include staff augmentation for the Public Works Department; construction management support services, including construction management, inspection, and constructability review; broadband consulting, including policy development; traffic engineering; and traffic operations support, Revised 11-2-20 BBK 72500.00001132374887.1 18- Item 1J-20 Contract No. C41690 including ITS. Consultant will provide qualified personnel to function as interim staff within one business day and full-time staff within two business days, except where the Consultant negotiates an acceptable alternative with the City. For requests Tess than twenty-four (24) hours' notice. Consultant will make every effort possible to secure suitable candidates. Appointments of individual staff may not exceed 1,000 hours per fiscal year; CaIPERS retired annuitants performing work under the Consultant shall not exceed 960 hours. Revised 11-2-20 BBK 72500.00001\32374887.1 19- Item 1J-21 Contract No. C41690 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, Los Angeles -Riverside -Orange Counties. Revised 11-2-20 BBK 72500.00001132374887.1 Exhibit "B"-20 Item 1J-22 CONTRACT NO. C41690 PROPOSAL Item 1J-23 City of Palm Desert MAY 7, 2021 PROPOSAL FOR On -Call Support Services for Development Services and Public Works Project No. 800-22 Tim Jonasson, PE 44-651 Village Court, Suite 125 Palm Desert, CA 92260 Phone 855.900.4742 Direct 760.250.6722 tjonasson@hrgreen.com Item 1J-24 1. Cover Letter HRGreen® PACIFIC Item 1J-25 3a HRGreen. PACIFIC 1>44-651 Village Court I Suite 125 I Palm Desert, CA 92260 Main 855 900 4742 + Fax 855 641.5877 May 7, 2021 Eric Ceja I Deputy Director of Development Services Development Services Department I City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Subject: On -Call Consultant Services for Development Services & Public Works (800-22) Moving Palm Desert Forward Together Dear Eric and Other Selection Committee Members: 1. Cover Letter HRGREEN.COM We believe that one thing you should have confidence in is that the firm you select has the capability to integrate seamlessly into your City as they assist with your full range of Development and Public Works Services — HR Green is that firm. HR Green Pacific, Inc. (HR Green), as a company and its team members, has decades of experience providing on -call support for the specific support services you are seeking for numerous Southern California agencies - including your neighboring cities. HR Green is your best choice to deliver the services you are seeking for several key reasons: 1. These services are what we specialize in and have a proven positive track record; 2. We bring the right staff/team to support the entire scope of work contained in your RFP; 3. Our knowledge of the uniqueness of the Desert is unsurpassed and we are local; 4. The quality and cost effectiveness of the services as we provide them has been proven; and 5. We want and are committed to this opportunity to serve the City of Palm Desert and to achieve your objectives. Our Differentiators: HR Green is local. Our office is located in the City of Palm Desert. Several of our team members either live full or part time in the Desert — so they will be readily available to the City. Our headquarters is in Corona — less than 90 minutes away. Key HR Green staff are familiar with the unique qualities of and vision for Palm Desert. For example, our proposed Project Manager, Tim Jonasson, PE, served as the interim Public Works Director for Palm Desert in 2018 after serving as Design and Development Director and Public Works Director for the City of La Quinta over a 15-year period. Our team has direct knowledge in the implementation and operation of TRAKiT. We, along with our partner, Holistic Integration System Solutions, assisted the cities of Palm Desert and La Quinta with their implementation. We have also supported several other cities with other online software systems. Our service leaders all bring direct hands-on experience in their respective groups. That brings a track record of success to the City. Their experience brings innovation and knowledge that will directly benefit the City. HR Green...A hands-on full -serve consulting engineering firm ready to meet your survey and plan check needs and support your growth with a local office in Palm Desert. The staff assignments are based on the levels of service and particular needs of the City. Hi Green" I Building Communities. Improving Lives. Item 1J-26 pia HRGreen• PACIFIC City of Palm Desert May 7, 2021 We exclusively serve public agencies. With over 10 decades of experience, HR Green is known for innovative and reliable approach to service and delivery as well as commitment to close communication. r VrL'115 'irLrlL:rJ/ .``.'.5:.I r: iy1i1J1• iiy L'' d IL.LLIvJ IIL LA111g: Staff Assignments - We are committed to assigning the right staff to the City and to meet the particular workload demands in each service area. On pages 7 and 17, we provide matrices that summarize the services we have delivered and the particular experience of each member on the team and their technical knowledge. As you will see, we bring a team with an extensive background. The organization chart on page 20 shows a complete picture of the organization relationships and that HR Green has the capacity to serve the City of Palm Desert effectively. We will coordinate with the City on particular staff assignments as part of our early discussions. We are prepared to begin work on July 1, 2021. One -Stop Shop - HR Green is very knowledgeable and experienced in the "One -Stop Shop" concept. Team members have implemented One -Stop -Shops for a number of agencies. Additionally, the team is very proficient with the TRAKiT permit software platform. As an example of what we offer, we are currently working with Agiline Software, a leading software development, solutions and consulting firm. Their CityView360° module can interface with your TRAKiT system and provide a smooth conveyance of information between the City and HR Green at NO COST to the City of Palm Desert. Transitioning Services - A common concern when moving services to a new provider is how those services are transitioned. The HR Green team is very familiar with how this transition can occur successfully and without disruption to your services. We discuss this in detail beginning on page 49. Best Practices - We have worked in cooperation with the various departments within municipalities to implement successful practices. HR Green is an industry leader in innovative municipal service delivery; bringing fresh and new ideas, using the latest technology, advanced permitting, and project software to enhance Palm Desert's services. Additionally, HR Green offers scalable solutions through flexible staffing optimizing your resources to the maximum benefit of your residents and development community. Meeting Schedules - As you will find beginning on page 24, we will meet or improve on your expected turnaround times for work performance in all areas. We provide regular reports on our performance and the public opinion about the related services in each department where we are involved. 11 ' V • r - • • - • • - • " • • • • - • George A. Wentz, PE 144-651 Village Court I Suite 125 I Palm Desert, CA 92260 I Office: 855.900.4742 I Cell: 949.939. 5243 I Email: gwentz@hrgreen.com We bring a successful track record to deliver all of the services you are seeking. Once selected, we are prepared to move ahead promptly to address your specific needs. We look forward to serving the City of Palm Desert. Sincerely, HR SCREEN PACIFIC, INC. iy imothy R. Jon son, PE Project Manager George -A -Wentz, PE Vice -President HR Green' I Building Communities. Improving Lives. Item 1J-27 Table of Contents I-H3 HRGreen PACIFIC Item 1J-28 Table of Contents Proposal Section 1. Cover Letter 2. Certification of Proposal 3. Experience and Technical Competence a. Background b. References 4. Firm Staffing and Key Personnel a. Staffing b. Key Personnel c. Team Organization d. Subcontractors 5. Proposed Method to Accomplish the Work 6. Fee Proposal 7. Appendices a. Litigation b. Project Team Resumes c. Changes to Agreement 1-1-B HRGreen, Page 1 4 5 8 16 16 18 20 21 22 52 53 53 53 64 CITY OF PALM DESERT Page 13 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-29 2. Certification of Proposal HRGreen® PACIFIC Item 1J-30 2. Certification of Proposal The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP, subject to agreement of the City's contract terms and conditions. Sincerely, HR GREEN PACIFIC, INC. Georgentz, PE Vice - President 1- A3 HRGreen. CITY OF PALM DESERT Page 14 On - Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-31 3. Experience and Technical Competence HRGreen® PACIFIC Item 1J-32 3. Experience and Technical Competence a. Background HR Green® I Building Communities. Improving Lives. Founded in 1913, HR Green ranks among ENR's Top 500 Design Firms (currently #188) and regularly is listed among the Top 100 Construction Management Firms in the United States. The firm is an employee -owned corporation with 500+ employees and 16 offices throughout the United States. Our California corporation (HR Green Pacific, Inc. — DIR # 1000050680) is headquartered in Riverside County and maintains an office in Palm Desert. reat lace 0 ork ertified Recognized as a Great Place to Works -certified company LOCAL PROJECT OFFICE 44-651 Village Court, Suite 125 Palm Desert, CA 92260 855.900.4742 CORPORATE HEADQUARTERS 1260 Corona Pointe Court, Suite 305 Corona, CA 92879 855.900.4742 We exclusively serve public agencies in California and our focus is comprehensive, on -call support services and development services and public works. We have 60+ staff assigned in Southern California, many of whom have a broad range of public works engineering, staff augmentation, plan review, project/program management, building and code, technology, and construction expertise delivering programs, land developments, and diverse CIP/infrastructure improvements. At HRGreen rct! i- R3 Comprehensive In -House Services Staff Augmentation Embedded Staff (FT/PT) - All Departments (Engineering, Public Works, Building&Safety, Code, Community Development, Construction) Electronic Plan Check Building and Civil Plan Check, Electronic Review/Digital Commenting, Paperless Processing/Tracking, Needs Assessment, Software Customization/Implementation, Change Management Program / Project Management DepartmentalOversight,CIP, Change Management, Organizational/Operational Audits, Solid Waste, Grant W riting/Administration Building & Safety BuildingAdministration, Plan Check, Inspection, Permit Processing, Code Enforcement Land Development Coordination Entitlement Processing, Project Tracking/Tracking, Development Review, Project Facilitation, Standards and Procedures Development, Inspections, Development Incentive Programs HRGreen. Construction Management Construction Management, Resident Engineering, Contract Adm in i stration, Constru cta bility Review, Office Engineering, Inspection, Quality Assurance/Quality Control, Claims Management, Stakeholder Coordination Virtual City Hall Contactless Touchless Counter Services, Remote Plan Check, Remote Construction Management/Inspection, Virtual Engineering Design, Contactless Permitting, Software Implementation Design / Engineering Master Planning,Civil Design, Utility Coordination, Pavement Evaluation, Traffic, Transportation Planning, Drainage, Stormwater Compliance, Water/ Wastewater, Value Engineering Broadband Consulting Master Planning/Visioning, Smart City, Fiber, Policy Development, Permit Processing, Design Standards Development, ITS, Grants/Funding, UtitityAMR/AMI Planning,Municipalized Street Lighting, GIS Mapping, Community Outreach, Small Cell, 5G, ITS, Studies, Design/Engineering, Procurement, Construction Management GIS / Asset Management Master Planning, Pavement Management, Utility Mapping, Design Plans, Database Design, Right -of -Way Management, Asset Inventory, Small Unmanned Aerial Mapping (sUAS) CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800.22 Page 15 PACIFIC Item 1J-33 WE BRING UNPARALLELED COACHELLA VALLEY EXPERIENCE HR Green's key proposed staff bring decades of development coordination and public works support experience throughout the Coachella Valley. Our firm and staff have a successful track record processing, reviewing, and coordinating the approval and construction of some of the area's highest -profile development projects, established working relationships with the region's leading developers, and proficiency with prioritized regulations/ standards unique to the Valley (PM10, water quality, drainage, etc.), as well as delivering critical CIP projects from planning and design, through construction and maintenance. Our Principal and Project Manager are long- time Coachella Valley residents and have served in a municipal management role for the majority of Valley cities. HR Green is dedicated to serving Palm Desert with the highest quality of care. HR Green has been providing plan check services for the City of La Quinta for several years and done a great job of providing on time and thorough reviews and coordination with City staff. I would highly recommend HR Green for any City's plan checking needs " Bryan McKinney, PE City Engineer/Public Works Director City of La Quinta I-13 HRGreen. Multi -faceted consulting to majority of Coachella Valley agencies Palm Desert, former Interim Public Works Director and Senior Building Inspector Key proposed staff are long-standing Coachella Valley residents Two- time President of APWA's Coachella Valley Chapter, working extensively with CVAG and cities to drive regional collaboration Served as speaker on Smart City solutions to the APWA Coachella Valley Chapter Formerly chaired the CVAG's valley -wide signal synchronization subcommittee while advocating for expanded uses, including high speed broadband, that a fiber optic signal interconnect system could ultimately support 15+ years teaching Building Inspection Technology at College of the Desert PM-10 certified staff Building Official, Plan Review, Inspection, Code Compliance (Cities of Palm Desert. Coachella, Cathedral City; Torres Martinez Desert Cahuilla Indians) CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 6 PACIFIC Item 1J-34 Experience with Similar Services (Firm / Staff) REPRESENTATIVE AGENCIES SERVED City of Palm Desert City of Rancho Mirage City of La Quinta City of Coachella CVAG City of Indio City of Cathedral City Torres Martinez Desert Cahuilla Indians City of Beaumont City of Banning City of Moreno Valley City of Redlands City of Jurupa Valley City of Hemet City of Corona City of Malibu City of Pomona City of Laguna Hills City of Palos Verdes Estates City of Pico Rivera Southern California Association of Governments County of Orange County of Los Angeles City of Claremont City of Placentia City of Anaheim City of Laguna Niguel City of Diamond Bar HRGreen. SERVICES PROVIDED Chief Building Official / Department Administration Building Plan Review On - Site Building Staffing Permit Processing Civil Plan Review Land Development Coordination Code Compliance City Engineer and/ or City Surveyor rn a. m 0) w Technology Implementation Public Works Staff Augmentation Construction Management / Inspection Broadband Consulting / Policy Development Traffic Engineering Traffic Operation 1 ITS CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-35 b. References ON -CALL DEVELOPMENT SUPPORT I CITY OF LA QUINTA As part of the City reorganization in early 2013, staffing in the Development Services Division of Public Works was reduced in recognition of the much lower level of private development at that time. Later that year, private development activity increased significantly, resulting in the need to increase the City's engineering plan check capacity. HR Green was selected to provide engineering plan check services on an as -needed basis using the City's TRAKiT program and Bluebeam Revu software due to our demonstrated expertise in local hydrology, which has proven invaluable in plan checking certain development projects, as well as our experience in full service engineering plan check of diverse development projects. In 2018 to accommodate staffing the City did not have, HR Green was contracted to provide on -call building plan review and inspection services encompassing the review of structural design and calculations, construction and occupancy type, means of egress, access and egress for persons with disabilities, electrical and plumbing design adequate lighting, ventilation and energy conservation, and fire/life safety systems. HR Green has continuously provided full -service civil plan check services for commercial, residential, and custom home site projects involving coordination with Coachella Valley Water District requirements (100+ projects since 2013). We have helped to redevelop City standards and checklists and to update bulletins and calculation documents. We have also provided various types of review as shown below: Reviewed the design of retention basins and water quality and air quality management plans for Trilogy (500+ acres) Provided development coordination for the initial phase of SilverRock Resort, a golf resort. Responsible for providing plan check, preparing Requests for Proposals for design professionals and construction management services, marketing, and golf course operations. Participated in the project development team weekly meetings, sat on the consultant selection committee, negotiated professional service contracts, and maintained the projects implementation schedule. Facilitated award of first golf course construction contract. The construction bid for the grading contract came in approximately 18% under the engineer's estimate. REFERENCE Bryan McKinney, PE Public Works Director/City Engineer 760.777.7045 bmckinney@laquintaca.gov ADA plan check for RABO Bank, Walmart, Plaza La Quinta Shopping Center Precise grading for commercial projects (El Polio Loco, PGA West Sports Club, In N-Out — La Quinta Square, ALDI— La Quinta Square, La Quinta Square, The Chateau @ Lake La Quinta, The Signature, Washington Park Retail Center, The Clubhouse @ Andalusia) Precise grading for residential projects (Washington Street Apartments, Bollard Residence, La Quinta Retirement Community, The Orchard) CITY OF PALM DESERT Page 18 HRGreen. PACIFIC On -Call Support Services for Development Services and Public Works, Project No. 800-22 Item 1J-36 Currently, HR Green is reviewing all the precise grading plans for the entire SilverRock site, which is being expanded to include two premier hotel brands, Montage and Pendry, a conference center, a new golf clubhouse, and a limited number of branded single-family homes, condominiums, and bungalows to deliver a world -class destination in the region. HR Green has expedited approval of complex land development projects; achieved a 99% success rate meeting or beating City's aggressive turnaround review schedule; maintained positive collaboration with applicants/developers to maintain project momentum; facilitated seamless reviews and approvals within a 100% paperless environment; and maintained staff continuity to promote consistency and quality deliverables. In the mid-2010's the City of La Quinta sought to implement an online land management system for the Design & Development Department to create a "One -Stop -Shop" concept, called the "The Hub." Key proposed staff were former City employees, Tim Jonasson, PE (Design & Development Director) and Angelica Zarco Systems Integration Manager). They spearheaded the implementation of the City's new land management software system, TRAKiT, which included strategic planning, streamlining, standardizing, implementation and integration of processes and systems for the Design and Development Department. Responsibilities included the following: Developed, configured and implemented the City's software system (TRAKiT) utilized for all development related, business license and Short -Term Vacation Rental application, review, processing and payment activities for both over the counter and online functionality. Implemented the City's online, electronic plan review, GIS and mobile inspection platforms. Engaged with City Staff to understand complex business processes, developed workflows, identified process improvements, streamlining opportunities, standardized business processes and integrated with relative software. Developed Standard Operating Procedures and User Guides and conducted training for all modules. Oversaw the City's Short -Term Vacation Rental Program which involved revamping the marketing and branding of the program. Developed complex key performance indicators to measure business and system performance. CITY OF PALM DESERT Page 19 HRGreen. PACIFIC On -Call Support Services for Development Services and Public Works, Project No. 800-22 Item 1J-37 ON -CALL DEVELOPMENT & PUBLIC WORKS SUPPORT I CITY OF HR Green serves as City Engineer to deliver capital projects and enhance the plan check delivery process. We assign on -site public works engineering and construction management/ inspection staff to manage engineering, design, bidding, and construction of concurrent CIP projects. HR Green established procedures and protocols to accept and track plan check subdivision plans, and costs. The City was concerned that the general fund be preserved, and that the development community pay fair share costs for study reviews and plan checks. The costs are fully tracked and there is 95% cost recovery for the services provided. HR Green is committed to providing fresh ideas, and the results include professional depth, commitment to excellence in Engineering services, and project experience. In early 2020, the City lost a key employee and HR Green provided a seasoned Professional Engineer to work side by side with Community Development planning staff to streamline entitlement reviews, conditions of approval, and mapping approvals while the City completes a recruitment process. HR Green's service significantly reduced the backlog of outstanding capital projects, secured grant funds for constructing a regional bikeway, advanced special districts to construct roadways and needed drainage improvements, and met Hemet's evolving short term and Tong -term community needs. Our staff is involved with the projects from conception and budgeting through construction management, inspection, and close out, managing a wide array of projects for both engineering and public works, including the City's water/sewer system. HEMET REFERENCE Chris Lopez City Manager 951.765.2301 clopez@cityofhemet.org HR Green has been successful performing City Engineering, project support, plan checking, and development reviews for the City. The firm brings a business sensibility to engineering management, working closely with our staff to streamline and assist our processes. Further, HR Green is an ideal fit for combining experience with value by reducing the amount of paper, time, travel, and costs." Christopher Lopez City Manager City of Hemet HRGreen. 1!! Graa1111111011114111Ntea.a',raaa. il— kid b Ni MI I IiIMNMEIM— a•• a nruQ ya:f:!!lo,, m II eUsl? u: x:ui:eliuriiim::ueuti i 17TS1ili` Sn millsoi.,..i 0. i#+m": tas$aaear1 '. 1+. 77 = 0i a:• cxn®ssmer N7.- (I I I A 1 KIRBY STREET gig _A. 01 1.1 !.7tiel „.17, CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No 800-22 CITY Of HEMET Page 110 PACIFIC Item 1J-38 ON -CALL DEVELOPMENT & PUBLIC WORKS SUPPORT With the assistance of HR Green, since its 2011 incorporation, the City has processed more than 2,000 new residential units through development, and has an additional 3,000+ in planning, as well as a variety of industrial and commercial facilities. HR Green has played a full -service consulting role since inception in introducing successful processes to improve the quality of life and enhance safety. Our staff has created the development review and approval process, customized checklists/forms, and tested/implemented/continuously utilize Accela as the City's automated permitting system. We have provided a City Engineer, City Surveyor, on -site engineers, plan checkers, and inspectors to provide a comprehensive turn -key solution (review approximately 1,500 plan sheets/year and a 99% turnaround review success rate). I CITY OF JURUPA VALLEY REFERENCE Rod Butler City Manager 951.332.6464 rbutler@jurupavalley.org I have had the pleasure of working (currently) with 20 HR Green employees in my department. These HR Green staff members perform plan check, building inspections, permit issuance, management / supervision and code enforcement duties. This staff is highly qualified in terms of education, certification and experience, which results in a high level of customer service and productivity. Furthermore, I would highly recommend HR Green to any city or agency that needs their services." Keith Clarke, CBO Chief Building Official / Director The City of Jurupa Valley continues to be very pleased with the services that we are receiving from HR Green. The firm provides highly competent and experienced staff at reasonable hourly rates. Being able to supplement our internal team with well -managed contract staff makes us all the more effective in serving our residents and the development community." Rod Butler City Manager For many years we managed all aspects of the Building Department, providing complete on -site staffing, including Chief Building Official, plan reviewers, inspectors, code compliance officers, and permit technicians. We have achieved a 98% success rate meeting plan review schedules. Annually, this involves 2,100+ improvement plan sheets being reviewed, 2,200+ building plan reviews completed annually, and 150+ new planning projects reviewed. We have processed grading plans, improvement plans, architectural plans and maps for 2,000+ new residential units. Our staff has customized plan check checklists, leveraged electronic plan check, digital commenting, and mobile apps for web -based field inspections in real time; established development review processes; and consistently hold developer workshops and pre -planning meetings to facilitate entitlement process. Moreover, we provide daily permit counter staffing (issue >60% of permits over the counter), accomplish 15,000+ building inspections annually (100% completed on -time); issue 1,500+ building permits annually, perform 1,500+ code enforcement inspections annually. CITY OF PALM DESERT Page 111 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-39 Our efforts have reduced costs in permit processing and inspection fees to applicants by an estimated 20 — 35% due to shorter turnaround times and lower costs. We provide developers with estimated hours to complete plan checks in advance of initiating work and holding HR Green staff accountable to meet these budgets. Our team members regularly facilitate roundtable discussions with developers to create cognizance of current standards to help speed review times and ease approvals. Our staff hold workshops with developers early and often to establish a common understanding of project goals, the entitlement process, and City expectations to efficiently process their projects through to construction. Moreover, we hold internal Development Review Committee meetings between HR Green and the Planning Department consultant to streamline project entitlements, and offer electronic plan checking to save time and money. We review all documentation associated with successful land development: maps, construction plans, water quality, fiber optics, and small cell/5G applications. From a Public Works standpoint, we have supported daily operations by placing engineers on site to create and prioritize the multi -year CIP program; procure funding and manage grant programs; institute traffic safety improvements and operational efficiencies; design and manage CIP projects, including accelerating pavement rehabilitation and roadway improvements citywide; coordinate award -winning, regionally significant projects (grade separations, fiber deployment, interchanges) with Caltrans, special districts, and the County; and manage and inspect the construction of CIP and land development projects. We have also developed public policy and design guidelines around broadband and deployment. I found that HR Green staff proved to be very helpful in assisting the property owner address the key concerns city staff and the citizens had with our project impacts. Their professionalism and the solution oriented, problem -solving approach made our investment group decide to further increase our Investment capital in the City by moving forward with a second project." James M. Kozak President Strategic Land Partners, L.P. Lennar and the engineering, building and public works staff (HR Green) have collaboratively worked together to solve many very complex and high profile issues. Lennar appreciates the HR Green team's expertise, fairness, and responsiveness." Geoff Smith Vice -President, Forward Planning Lennar Homes — Inland Empire I--fla HRGreen. small cell CITY OF PALM DESERT Page 112 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-40 ON -CALL DEVELOPMENT & PUBLIC WORKS SUPPORT HR Green was hired to provide Engineering and Land Development Services. Our on -site engineers managed the delivery of CIP projects from planning and design through construction. Another task included providing a Land Development Project Coordinator and qualified plan check engineers to review Beaumont's potential private and public development project submittals. HR Green also prepared and filed written staff reports for applying appropriate conditions of approvals and to complete final recommendations for project acceptance. The development process for the client was driven by specific plans that included consistency reviews with the Bike and Pedestrian Master Plan, Master Plan of Streets, and Water and Sewer Master Plans. HR Green performed electronic plan checking through the use of an FTP site and PDF documents. Each plan check is scanned and saved to a network and routed to the City through HR Green's GreenTREx plan review and processing program. HR Green provided plan and study reviews using 30%, 60%, and 90% review milestones checking submittals for compliance with the State Subdivision Map Act, Standards for Public Works Construction, American Disabilities Act, and CA Building Codes. Other reviews included checking traffic improvements and water quality, hydrology, and meeting permit requirements such as the U.S. Army Corps of Engineers. Project reviews and final signatures were typically completed within three reviews. HR Green was responsible for ensuring that all conditions of approval were incorporated into the design of each project meeting requirements of the City Planning Commission and City Council to mitigate impacts. Local guidance documents such as City grading notes, encroachment permits, the City Municipal Code, the General Plan, and any specific plan elements were applied as appropriate. HR Green performed plan check for civil engineering design plans, survey related documents, and checked studies involving: I CITY OF BEAUMONT REFERENCES Aftab Hussain Former Public Works Manager (now at City of Corona) 951.736.2443 Aftab.Hussain@CoronaCa.gov Amer Jakher Former Public Works Director/City Engineer (now at City of Chino) 909.334.3265 AJakher@cityofchino.org Rough and precise grading plans Street plans and traffic analysis Storm drain plans Domestic and recycled water plans Sewer plans CITY OF PALM DESERT Landscape and irrigation Tentative and Final Maps, mergers, lot line adjustments, and survey documents Title reports Soils WQMPs and SWPPPs Page I13 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-41 ON -CALL DEVELOPMENT & PUBLIC WORKS SUPPORT I CITY OF MORENO VALLEY The City of Moreno Valley, with a population of 200,000+, is a rapidly growing community with a limited in-house staff and extensive service and staffing needs to keep pace with plan review and encroachment permit requests. The City has undergone a prolonged period of population growth and development activity. The City has limited in-house staff, depends on consultants to keep pace with the ongoing development/ infrastructure network expansion, and is currently undertaking a citywide fiber deployment. HR Green was engaged to provide a variety of plan review and staff augmentation services. To reduce earlier work backlog, in 2018 HR Green assigned and has continued to embed an on -Site Transportation Planner responsible for traffic study reviews. Since then, he has reviewed 350+ traffic plans in order to reduce turn -around time and free up City staff to focus on other City priorities. This has focused attention on citywide fiber optic deployment, including the review and approach of encroachment permits related to poles, lights, gas, and conduit with leading telecom firms, such as Frontier. Our staff provides recommendations on mitigating or avoiding impacts to schools and planned developments. REFERENCE Michael Wolfe City Engineer/Public Works Director 951.413.3100 michaelw@moval.org MOM 001Nn1O,0+IO..o1N er or or NV s ON 4.11...• eft 41. OW rmowr.r 4 s.II. r wMOP Moro v. v.la. r. 1..1Ma0VSTOM .s 01wn_r. rtr.0 PO •wIVArww r•w NO. IF Or MoroTY. N I 1- 41a HRGreeri or y Al ler.. M nnas a 1 1 rfaX N ZO sr moor. J Mal.- o.s ro LIELA1144 en MOOOMNIIO MA& O IMOiC. r11l1 iii'" Q`i — Example of one of HR Green's electronic plan review / digital commenting sheets CITY OF PALM DESERT On - Call Support Services for Development Services and Public Works, Project No. 800-22 Page114 PACIFIC Item 1J-42 ON -CALL DEVELOPMENT & PUBLIC WORKS SUPPORT HR Green provides both on -call engineering support and building safety administration, plan check (civil and building) and inspection services for residential (custom homes, additions, and improvements), solar, and commercial projects in the City. Our staff has provided construction management and inspection of roadway, park, grading, and building improvements, including recent community center roof and HVAC improvements, traffic signal repair, and EV charging station installation. HR Green has served as the City's Chief Building Official and provides inspection and plan check, including commercial tenant improvements (e. g., civic center renovation, special inspection of Smart & Final store and 5 story mixed -use senior residential retirement facility), new homes up to 7,000 square feet in size, smaller permit inspections (e.g., solar and photovoltaic panels up to 8,000 watts, re -piping), and OSHPD 3 inspection for patient care facilities (e.g., dentist and doctor offices). One major high -profile development project includes the major renovation of the Laguna Hills Mall (The Village of Laguna Hills). After grading operations were initiated in 2018, the developer reimagined the project, and has since begun the entitlement process on an updated master plan. The updates envision the property into a mixed -use project with as much as 250,000 square feet of retail and as much as 390,000 to 520, 000 square feet of office, apartments and a 125-room hotel. VASTER PtAR FULL BUILD UMW, Roans, w,nE SUMMIT- soAO®®41 THE VILLAGE AT LAGUNA HILLS CITY OF PALM DESERT SDt.0e I CITY OF LAGUNA HILLS REFERENCES David Chantarangsu, AICP Community Development Director 949.707.2655 dchantarangsu@lagunahills.gov Ken Rosenfield, PE Interim City Manager/Director of Public Services 949. 707.2655 krosenfield@ lagunahillsca.gov HR Green's staff is professional, knowledgeable, friendly and works well with my staff. The firm consistently meets turnaround review schedules and delivers on -time inspections. David Chantarangsu, AICP Community Development Director HR Green staff members have provided consistent and excellent services for the City for the past 20+ years." Ken Rosenfield, PE Interim City Manager/Director of Public Services Page I15 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-43 4. Firm Staffing and Key Personnel HR3 HRGreenm PACIFIC Item 1J-44 4. Firm Staffing & Key Personnel a. Staffing HR Green is proposing a full range of experienced staff members to help the City of Palm Desert meet your current needs and future goals. We will provide a staff and resource management plan that is appropriate to the nature of your on -call support needs and projects. Our proposed staff has successfully provided these services for municipal agencies in Coachella Valley and throughout Southern California. We will implement a plan that is responsive to your needs, will remain nimble to changing conditions, and match the right mix of staff. Our proposed staff is available for assignment to the City and will remain with Palm Desert on an ongoing basis. As Palm Desert identifies project and program needs, our Project Manager, Tim Jonasson, PE, will meet with the City to clarify your scope requirements and schedule. To provide you a comprehensive solution, he will coordinate with the applicable scope category task leader to determine staff needs and validate we are mobilizing the best fit to meet your needs. These individuals will be supported by a cadre of multi -faceted personnel identified in the matrix on the next page. Moreover, given our depth of staff (60+ in Southern California / 500+ staff nationally) and specialized capabilities, we can seamlessly mobilize additional in- house resources to meet your needs. For specialty services we cannot self -perform, we have identified well -respected subconsultants with the requisite Coachella Valley experience to provide a one-stop/single- source solution to your diverse and comprehensive needs. To maintain legacy knowledge and institutional continuity, we strive to assign and maintain the same staff in order to deliver special initiatives, CIP programs, complex projects, and on -site staff augmentation assignments. Since more than 90% of our services are provided through multi -year, as -needed contracts, we have the ideal mix of mufti -faceted staff and depth of technical capabilities to efficiently meet workload peaks and valleys. Consequently, our current and anticipated workload of our staff is moderate, allowing for rapid response to dynamically changing needs, unforeseen conditions, and/or priority issues. Our employees must possess certain personal attributes. We assess the individuals' synergy, technical skills, character, innovation, teamwork, level of being proactive and exhibiting "anticipatory" thought, flexibility, communication skills, and a servant spirit before assigning staff to your City through a thorough vetting process to save the City valuable time and greatly streamline the mobilization process. Citizens and inter/intra-agency personnel interfacing with HR Green staff must feel they are having the same "transactional business" experience as they would with a City employee. Maintaining clear and open lines of communication among City staff, permit applicants, developers, engineers, regulatory agencies, contractors, and other stakeholders are key to successful project delivery. This includes excellent interpersonal, listening, and problem -solving skills; detailed documentation; insightful progress and staff reports; electronic tools and tracking logs; mastery of your permitting system; and building consensus to expedite reviews and approvals while mitigating issues in a spirit of constructive dialogue and harmony. 1413 HRGreen. OUR COMMITMENT: HR Green staff will be assigned to Palm Desert to the maximum extent needed CITY OF PALM DESERT Page 116 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-45 PROPOSED STAFF DISCIPLINEIJOB TIT( F KEY PERSONNEL Tim Jonasson.'E Project Manager George Wentz, PE Principal -in -Charge Steve Loriso, PE, OSDIOSP Development / Public Wolks Services Manager Ed Barrett Broadband Services Manager 8111 Hayes, COO Building & Code Sences Manager Chase Keys, PE Professional Engineer Desiree Flores, PE Selena Jong Carolina Fernandez, EIT Jennifer Garcia, ER Lily Diaz Elizabeth Becena, ER Stacy Woodson, PE Trent MacDonald Tina York, PE Marta Doyle, PE Mohamed Worayeth. PE James Xiang, PE John Merritt, PE Andy Swisher, PE, PTOE Brian Jahn, PE Rob Olson Amy Branstetter Gary Yeo Mike Myers, PE Robert Luciano, PE Roel Sanchez Leighton Mackey Eric Lomeli Alan DeWitt Dave Zetenok, PE Ken Price, CGCIO Ken Demlow John Monday AlbertJimenez, CB0 James Foy, ICC-Certified Frank Unpingco, ICC-Certified Steve Koppes, ICC•Certified David Marler, ICC-Certified Jennifer Trujillo, ICC-Certified Bob Hufnagle, CB0 Don Plass, CFCO, MCP, CBO, LEED AP, BPI Beth Jay, ICCIOES-Certified Ken Welch, CFM, MCP, CBO Frank Urbina, NCARB, AIA Kyle Cooper, EIT, ICCIOES-Certified Steve Skeftmgton, CBO Steve Schwarz, PE, SE James Errico, Fire &Life Safety Bahrain Azarvand, CASp On Swank, ICC-Certified Lea Goodsell Angelica Zero Nicole Caste Dennis Janda, PLS Alan Pace, CEG 1-A3 Associate Engineer Civil Engineer/Senior Civil Plan Reviewer Assistant Engineer! Plan Reviewer Associate Engineer Associate Engineer Assistant Civil Engineer Senior Professional Engineer CAD Designer Civil Plan Check Manager Senior Civil Engineer / Plan Review Engineer Civil Engineer/ Plan Review Engineer Civil Engineer / Plan Review Engineer Traffic Engineer Traffic Engineer Traffic Engineer Transportation Planner Transportation Planner Construction Manager Senior Manager / City Surveyor Construction Manager Senior Construction Inspector Senior Construction Inspector Construction Inspector Senior Construction Inspector Senior / Innovation Manager IT Services Manager Senior Manager (Broadband) Network Architect (Broadband / Fiber) Chief Building Official Senior Bolding Inspector Building Inspector/Code Officer Building Inspector/ Code Enforcement Officer Building Inspector! Pend Technician Senior Permit Techrcian Manager Senior Building Plan Reviewer Senior Building Plan Reviewer Building Plan Review Manager Senior Building Plan Reviewer Senior Building Plan Reviewer / Architect Building Plan Reviewer/ Inspector Senior Building Plan Reviewer / Senior Inspector Senior Building Plan Reviewer/ Structural Engineer Building Plan Reviewer CASp Reviewer Code Enforcement Officer Administrator/ Public Outreach Intonation Technology Subconsultant Planner Surveyor Geotechrtical Engineer 32 • • 50 in • 25 • 12 19 • • 8 8 14 • • 6 15 • 3 9 23 32 • • 32 • • 37 36 • • 33 42 24 36 23 31 33 • 38 • 32 • 37 37 15 27 32 37 31 21 26 • • 24 • 40 42 6 19 42 • 42 17 37 32 4 26 32 17 37 45 32 • 25 • 36 • 37 33 SERVICES PROVIDED Chef Building Official! Department Administration On - Site Building Staffing 0 a Permit Processing Environmental f Planning Civil Plan Review U a Code Compliance City Engineer andlor City Surveyor Public Nbrks Sta Construction Management) Broadband Consulting / Policy Development Traffic Operation r ITS CITY OF PALM DESERT Page 117 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-46 b. Key Personnel HR Green's key personnel provide a combination of local knowledge, successful track record, and technical thought leadership to proactively meet and/or exceed your needs. TIM JONASSON, PE — Project Manager Education I Registration Masters, Business Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #45843 A long-time Coachella Valley resident, Tim has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience for municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. He has served as construction manager and design engineer on a variety of municipal improvement projects including bridge construction, street and landscape improvements, water and wastewater improvements, parks construction and rehabilitation, golf course improvements and pier reconstruction. Tim served as Palm Desert's Interim Public Works Director managing the day-to-day departmental operations, which included land development projects and facilitating the implementation of TRAKiT. As La Quinta's Public Works Director/City Engineer over a 15-year period, he served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape maintenance. This included implementing TRAKiT for plan/map review services. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District, which supply water/sewer and power to the City, respectively. For Jurupa Valley he served as Senior Manager working closely with the Public Works, Engineering, Planning and Building and Safety Departments to facilitate the delivery of public and private projects as well as multi -agency coordination. Tim led the City's effort to update its development review processes and implement Accela to be more efficient, transparent and developer friendly to foster economic development in the City. Finally, for Redlands, Tim has served as Project Manager to coordinate the review of small cell/5G applications for conformance with City design standards/ordinances in compliance with federal mandates. GEORGE WENTZ, PE — Principal -in -Charge Education I Registration Master, Public Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA, #43273 George has been a long-time Rancho Mirage resident. He brings 50 years of municipal management experience serving various Coachella Valley communities, and is Vice -President of HR Green Pacific, Inc. He has overseen the provision of on -call development and public works services to more than 50 cities and counties throughout Southern California, including various nearby communities and 10+ Riverside County agencies. George has directed and administered projects which range from on -call support to full city contract services. His responsibilities have ranged from accountability for day-to-day completion of activities associated with a contract to Principal -in -Charge of particular projects. He is recognized in the field as having a unique talent in working well with City Councils, boards, commissions, committees, ad -hoc groups, managers, and staff to achieve desired agency results. He has focused on the master planning and implementation of high -profile, revenue -producing developments, golf courses, and mixed -use resort communities and facilitated the operational efficiency of public works departments and delivery of CIP projects. HRGreen. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 Page 118 PACIFIC Item 1J-47 STEVE LORISO, PE, QSDIQSP I Development & Public Works Services Manager Education I Registration I Certification Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #64701 I Qualified SWPPP Developer/Practitioner (QSD/QSP), CA #00503 Steve has over 20 years of design, CIP project/program management, design management, plan review, NPDES/water quality compliance, and construction management experience for municipal public improvement projects. Steve has managed the implementation of the Municipal Separate Storm Sewer System (MS4) Permit for various municipalities; performed review of compliance documents for private and public developments and acted as the owners representative and liaison between design teams and general contractors on facility and infrastructure construction projects. Steve has served as a City Engineer to the cities of Hemet and Jurupa Valley and has overseen the design of CIP infrastructure for 15+ Southern California agencies, including the City of Indio. ED BARRETT I Broadband Services Manager Education Bachelor of Science, Journalism Ed has more than 10 years of telecommunications experience working with local communities and carriers. As the Practice Leader of HR Green's Fiber and Broadband Services national service line, he has worked with clients ranging from the smallest of small towns to million - plus urban counties who are studying and deploying broadband as a way to enhance the lives of their constituents and grow into the Gigabit Economy. He is a recognized thought leader nationally and is a speaker at national and regional conferences. Ed has served as Principal and/or Project Manager for 30+ fiber, broadband, small celll5G, and smart city projects throughout the country, involving visioning, planning, design, program management, construction, and operations phases. He served as Project Manager to create an advanced fiber optic master plan for the City of Pico Rivera to link its core traffic signal, information technology, streetlights and other assets. The study included the creation of advanced communication policies, including a complete right-of-way ordinance. The Master Plan provides a roadmap to guide the deployment of fiber optics to support the City's key operational and technology goals and to serve as a potential backbone for future community -broadband or regional networks. BILL HAYES, CBO - Building & Code Services Manager Education I Credentials: Building & Fire Code Academy I ICC CERTIFICATIONS: Building Inspector (expires 04/26/2021) I Residential Plumbing Inspector (expires 08/24/2021) I Residential Mechanical Inspector (expires 08/24/2021) I Certified Building Official (expires 08/24/2021) I Residential Building Inspector (expires 08/24/2021) I Commercial Building Inspector (expires 08/24/2021) I ICC / AACE Property Maintenance and Housing Inspector (expires 08/24/2021) Bill brings 18 years of supervisory experience of the daily operations of the Building, Code Enforcement and Housing Inspection Departments for various Southern California cities, including La Quinta. His experience includes counter service, permitting, plan check, field inspection, code interpretation, departmental management, and gathering of data and completing required reports. Bill has served as a Chief Building Official for 12 municipalities and received the State of California Helen Putnam Award for Innovation. Bill has developed training materials and procedure manuals for staff and trained Building and Code Enforcement staff on customer service policies and procedures. He has restructured Building and Code Enforcement Divisions to increase efficiency and productivity. 1-4Ta HRGreen. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-48 c. Team Organization Chase Keys, PE Steve Lariso, PE, QSDiQSP Desiree F lava, PE Selena Jong Cardin Fernandez, EFT Jennifer Garcia, EIT LiyDiaz E liabeth Becara, ER Stacy Woodson, PE Trent MacDonald • SUBCOH SULTANTS N icde Chafe (Planning Dan. Janda, PLS (Surveil Alan Pace, CEG (Geoteclnical) Steve Lonso. PE, QSDK) SP Tina York PE • Marla Doyle, PE • Moharred Worayeth, PE JarresXians PE Chase Keys, PE • Setena Jong Cardina Fernandez, ER • Principal - in -Charge George Wentz. PE • George Wentz, PE Tun Jonasson, PE Gary Yeo Mike Meers, PE Robert Luciano, PE Steve Longo, PE, QSDA SP • Chase Keys, PE CON STRUCTION INSPECTION Rod Sanchez, as EC Leighton Mickey Eric Loneli Alan DdNdt a CITY OF PALM DESERT IEGre"'" ) 11-Call Support Services for Development Sen ices and Public1arks. Project No. 800-ee CITY OF PALM DESERT Tun Jmaseon, PE BROADBAND SERVICES Ed Barrett George Wentz, PE • Tim Jmasaon, PE • Dave Zekrak,PE Ken Price, CGOO Kai Deniaw Jahn Monday FIRMAFFILIATION LEGEND HR Great HolisticIntegrationSystern Solutions Azarvand' s Bulling Department Services Terra Nova Planning 8, Research, Inc. Denne Janda, Inc. Petra G eosciertces, Ira. Les Goodself Ken Price, CGOO Janiier Tnijrao Angeles Zarco OnCallBuilding Staffing CHIEF BUILDING OFFIC!.AL Bill Hayes, CB0 Albert Jimenez, CBO IN SPECTOR Janes Foy, ICC-Cabfied Frank Unoi age°, IOCCerlfied David Mader, CGCCEOCabfred Pr RE ITFOINICIAN David Mader, CGOCEOCerlfied Jennifer Trujillo BUILDING & CODE SERVICES Bill Hayes. C60 • Building Plan Check Bob Hufnagte, CBO Dan Plass, CFCO, MCP, CBO, LEEDAP, BPI is Beth Jay, ICCNJE S-Cenilied • Desiree Flores, PE Ken Welch, CFM, MtP,CB0 Frank Urbina, NCARB, AIA • KyteCooper ER, ICCIOES- Cerified Steve Skeffingtan, CBO Steve Schwarz, PE, SE Janes Enico, Fire 8 Life Safety Betaouz Az rvand CASp • Code Compliance Frank Unpingco, ICC- Certified Ken Swank, CACE 0/PC 832- Certified Page 120 Item 1J-49 d. Subcontractors HOLISTIC SYSTEMS INTEGRATION SOLUTIONS I Technology Implementation Based in the Coachella Valley, Holistic System Integration Solutions is dedicated to providing smart holistic solutions for software implementation and process integration. The firm has been instrumental on information technology deployment solutions to both the Cities of La Quinta and Coachella. Holistic's in- depth understanding of land management systems, comprehensive knowledge of municipal land development processes and proven system implementation/integration experience, paired with their client's desires to achieve future system goals and capitalize on their investment while delivering exceptional customer service, delivers seamless and streamlined collaborations. Holistic has developed streamlined solutions that utilize a holistic approach to system design and integration by balancing four major elements that are key to successful system implementation — People, Culture, Process, and Technology. This approach delivers system integration on a global scale while taking -into -account and minimizing adverse impacts to the organization. Their success is attributed to an execution strategy that incorporates the Lean Six Sigma, DMAIC (Define, Measure, Analyze, Improve, Control) method to software implementation/ integration. The DMAIC approach allows us to continually identify and apply improvements to business processes through software system design that result in enhanced system performance. TERRA NOVA I Enviromental Document Prepartion and CEQA Review Terra Nova has extensive experience in environmental assessment and planning, including land use and resource surveys, natural resource assessments and inventories, demographic profiles, housing trends and supply assessments, facilities planning and market feasibility studies. Terra Nova has been providing on call services to Coachella Valley cities for many years, including the City of La Quinta since 1998, the City of Palm Springs since 2014, and the cities of Rancho Mirage and Indian Wells on an as -needed basis for more than 10 years. For the City of Palm Desert, they prepared the DSRT SURF Specific Plan and EIR. PETRA GEOTECHNICAL I Geotechnical Review & Inspection Petra Geosciences is a geotechnical and environmental consulting firm founded in 1975 as Earth Research Associates and incorporated in 1988 as Petra. Their interdisciplinary group of professionals include licensed engineers, geologists, environmental scientists, hydrogeologists, technicians, and administrative support staff. Petra's projects in have ranged from; single lot, roads, pipelines, pump stations, energy, and geohazards evaluations and geotechnical design for projects up to 2400 acres in size. Since 2015, Petra has provided geotechnical services and permit coordination for the Coachella Valley Link Project (CV Link). DENNIS JANDA, INC. I Surveying and Map Check Support Based in Riverside County, Dennis Janda, Inc. (DJI) specializes in public sector map check, city surveyor, survey, and mapping consulting to municipalities and/or water districts. HR Green has worked with DJI for nearly 10 years with DJI supporting HR Green on various map check/surveying assignments to numerous agencies, including the cities of Rancho Mirage, Jurupa Valley, Azusa, Moreno Valley, Placentia, Azusa and Pomona, and the County of Orange. The firm has also served numerous agencies in Riverside County in a City Surveyor role and has provided field survey services in the Coachella Valley. AZARVAND'S BUILDING DEPARTMENT SERVICES I Accessibility/CASp Services HR Green maintains a long-standing working relationship with this firm, noted for building plan review and CASp consulting to Southern California public agencies. Its Principal, Behrouz Azarvand, is a CASp- certified accessibility professional. HRGreen., CITY OF PALM DESERT Page 121 On -Call Support Services for Development Services and Public Works. Project No, 800-22 PAC I F I C Item 1J-50 5. Proposed Method to Accomplish the Work HRGreena PACIFIC Item 1J-51 5. Proposed Method to Accomplish the Work Helping Promote Development of a Thriving, Safe, and Sustainable Community The City of Palm Desert, with both its geographic location and strong economic performance since incorporation in 1973, has long been the heart of California's Coachella Valley. The broad assortment of recreational, educational, shopping, housing, and entertainment opportunities, as well as arts and cultural activities and world -class events in the exclusive scenic Desert environment, make this City a very desirable destination. HR Green's primary focus is to meet the City of Palm Desert's goals to have strength in business, an inviting economic climate, maintain responsible stewardship of your natural resources, and to maintain a well -planned and developed city with a vibrant city core, natural hillsides, and open space with desirable housing, business, and community revitalization. Our services sustain that your high level of public safety, economic growth, and investment in infrastructure are dynamic and progressive. We have built proven processes that have been effectively utilized for 50+ federal, state, regional, and municipal clients in California. Our team has worked with the City in the past. Our Project Manager, Tim Jonasson, PE, served as Palm Desert's interim Public Works Director and is familiar with the City's strategic vision, economic development strategic plan, General Plan, and Envision Palm Desert. Tim's previous experience as the Director of Design and Development with the City of La Quinta gives him a unique perspective on Palm Desert's new Development Services Department where both agencies reorganized their agencies to reduce bottlenecks in the entitlement, plan review and permitting of development projects by locating these functions in a single department. This can greatly simplify decision making; however the new department head must have a wider breadth of knowledge and greater understanding of the entire development process in order to be effective in this role. Tim is also very familiar with creating a One -Stop Shop for public counter services. When he was promoted to be La Quinta's Director of Design and Development in 2015, Tim was tasked with completing the transition of the new department to a single counter operation for Building, Planning and Engineering. Tim instituted cross training of the permit technicians and supervisors to process and guide customers through the permit process regardless of the type of permit that was needed. The permit process was streamlined wherever possible, including revising outdated provisions of the municipal code and eliminating redundant steps in the process. Besides offering over 80 permits online via TRAKiT, business license and short term vacation rental applications are also available remotely or by advance appointment, thereby saving considerable time and inconvenience for customers. The new public counter, called "The Hub", is very popular with residents and has been used as a model for other agencies looking to improve customer service to their community. Our Approach to Palm Desert's Needs: Scalable Solutions Through Flexible Staffing HR Green is a proactive full -service engineering consultant firm. We have the depth of staff to support the newly -created Development Services Department as well as Public Works in meeting the development community's and resident's needs. The availability and scalability of our services will allow the City to respond quickly to customer demand for any of the requested services on the following pages. CITY OF PALM DESERT Page 1 22 HRGreen.. On -Call Support Services for Development Services and Public Works. Project No, 800-22 PACIFIC Item 1J-52 On -Call Building and Code Compliance Staffing HR Green will assign two very experienced building officials, Bill Hayes, CBO and Albert Jimenez, CBO, to oversee the building department administration and oversee the building plan check and inspection staff. Both Bill and Albert have extensive CBO experience at similar jurisdictions to the City of Palm Desert and have been instrumental in providing code insight; supporting municipalities with community outreach, developer/architect workshops, project kick-off meetings, project progress status/reports, code interpretation assistance to permit applicants at the counter or virtually (phone, email, Zoom conferencing), construction -phase support, coordinating the timely and professional review of plans and inspections, and facilitating a seamless upload of data into automated permitting programs. Supporting Bill and Albert are a cadre of International Code Council (ICC) certified permit technicians and inspectors that will provide counter and inspections services as required by the City. These staff members will interface seemlessly with Palm Desert's staff to support the regulation and implementation of building standards, and processing of various types of commercial and residentail building permits types, calculation of fees, and reviewing building plans for compliance with State and local codes. Our inspectors will utilize the City's inspection scheduling system to perform all inspections on permitted projects as necessary to verify compliance with approved plans as well as any other support roles required to support the City's one -stop permit processing operation. Similarly, ICC certified code compliance staff are also available as needed for inspection and case administration. Permit Processing This is where most of the City's citizens and customers get their first experience with the City and determine their evaluation of the community and its level of customer service. For this reason, HR Green has utilized various certified professionals at the front counter to answer questions. We will assign highly skilled customer service permit technicians in the dissemination of general and technical information to property owners, developers, business owners, residents, the general public, and other agencies concerning property development and the permit process. 1-A3 HRGreen. Ow- DIFFERENTIATORS Chief Building Official: Bill Hayes, CB0 18+ years municipal Building and Safety experience, including La Quinta Helen Putnam Award for Excellence, Internal Administration Category Proven methods for increasing efficiency and maintaining budgets Chief Building Official, 12 municipalities Deputy Building Official: Albert Jimenez, CBO 25+ years municipal Building and Safety experience throughout Coachella Valley Palm Desert, Cathedral City, Coachella, Torres Martinez Desert Cahuilla Indians) Former Building Inspector, City of Palm Desert (10 years) Extensive certifications (ICC, FEMA, and CaI- EMA/OES) 15+ years teaching Building Inspection Technology at College of the Desert DIFFERENTIATORS Permit Technicians All staff have on -site experience delivering same services to cities Exceptional customer service skills / "Can do" attitude Proficiency working with most commercially available permit software platforms Building application and permit processing proficiency Computer proficiency CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 Page 123 PACIFIC Item 1J-53 To many of the City's customers and citizens, the Permit Counter Operations team IS the City to them. They know them and have built relationships with them. The HR Green staff knows how to provide the highest levels of customer services demanded by the City and its customers. This is not a simple task and takes getting the "right" people, keeping these same individuals assigned and committed for the long-term, and training them to provide the service levels the City expects. HR Green has and continues to provide this leadership and management to provide a positive experience for all customers. Our services will include, but not be limited to: Explaining the process for each customer and personally helping them to a successful conclusion. Simplifying the process, as much as possible, while ensuring compliance to City adopted codes and standards. Providing excellent customer service to both internal and external customers. Serving as a liaison between inspectors, plan reviewers, architects, engineers, planners, contractors, developers, owners and other Department/Division staff to explain applicable code interpretations and plan review comments to the public. Your Permit Technician talked to me today regarding the process for obtaining my permits for our house which was recently in a house fire. She conveyed this process to me so I could understand the procedures, which will save me time and most of all aggravation. She put it all in perspective for me. 1 want to thank her and HR Green for understanding and dealing with our situation." City Resident Calculating and collecting developer impact fees prior to the issuance of permits. DELIVERABLES & MILESTONES SCHEDULE Deliverable/Milestone Initial CBO & Building Support Staff Assignment Interim Building/Code Enforcement Staff Full Time Building/Code Enforcement Staff 1-t- HRGreen. Due Date July 1, 2021 One Business Day of City Notification Two Business Days of City Notification HR Green Staff Responsible Project Manager/CBO Project Manager/CBO Project Manager/CBO CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works. Project No. 800-22 Page124 PACIFIC Item 1J-54 Looking Forward Enhanced Transparency: While HR Green has continuously incorporated best practices to share information with constituents, there are opportunities to improve information transparency. Some items with which our staff can assist include: Update permit counter handouts can be updated with FAQs in an easy -to -understand format to simplify the transactional experience. Provide permit activity and other helpful data and metrics for posting on the City's website. Inform constituents and mitigate construction impacts to the public given the extensive ongoing construction city-wide. Promote future economic development, report major capital and land development projects onto a GIS-based map for posting on the City's website. Appropriate Technology Tools: HR Green is familiar with most commercially available permit and plan check software, including TRAKiT, CityView 360, and Accela. Should the City so desire, we can help you fully incorporate enhancements to these platforms, including: Providing all forms in electronic form, available online. Locating a touchless kiosk near the counter for access to these forms as well as for customer surveys. Providing electronic queuing systems and construction -related, DIY -type programs on TV monitors to provide education and entertainment to the customers so wait times are more engaging. Utilizing digital codes to assist applicants more clearly understand how the building code impacts their project prior to plan review. Supplying actual code sections to inquiries will assist applicants in understanding code specific items, thereby eliminating potential conflicts. Investigating opportunities to "level -up" the Palm Desert's development review process and your permit program. HR Green has consulted to software providers to improve their product functionality, enhance customer service interface, and streamline the permitting process. One such tool is a permit guide to help home and business owners simplify the acquisition of a building permit. jPCityView360° Our team can also assess ways to enhance a more integrated solution that provides for detailed KPI and Information with a new perspective! dashboard reporting that is highly configurable andcustomizabletoyourspecificneeds. Currently, we are working with Agiline Software, a leading software development, solutions and consulting firm, and their CityView360°module to seamlessly upload, track and review plans. Additional reporting uses are also available. CityView360° is a comprehensive tool to collect, validate, transform, organize, present and act on information received from several data sources. CityView360° makes it easy to connect and visualize your information without code using aiWorks© rapid application development. Agiline has seamlessly integrated with TRAKiT software and creates very informative reports and KPI reporting. HRGreen. CITY OF PALM DESERT Pac -:, 125 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-55 Building Plan Check Services We will provide helpful code insight, responsiveness, and collaboration early and often to applicants while leveraging a proven development review process and electronic plan review/digital commenting to maximize efficiencies, promote project transparency, and save time and money. HR Green has implemented the most appropriate proven best practice tools and technologies to reduce paper, save time and money, enhance collaboration, and streamline communication and service delivery. We are proficient using various permit programs and have been asked by some software providers to provide technical input on enhancing their software applications. HR Green is a leader in leveraging the power of technology to streamline government transactional business and empower the City's management and City Council to make sound decisions and priorities. Our firm is proficient in using various electronic plan review systems, including TRAKiT. HR Green will assign registered engineers/architects, Master Code Professionals, and ICC-certified plan reviewers to review plans for compliance with applicable codes and requirements (accessibility, building, structural, non-structural, mechanical, electrical, plumbing, solar, fire and life safety, grading, etc.). Major plan review will be handled through a paperless electronic plan review/digital commenting process. HR Green has helped Southern California agencies achieve a 98% turnaround plan review success rate by utilizing a combination of the same staff (on- and off -site), electronic plan review, digital commenting, continuous code training/workshops, pre -development meetings, over-the-counter reviews/support, and ongoing collaboration with architects/developers/designers throughout the review process. Providing building plan reviews, inspections and enforcing code requirements are essential for life safety and welfare of the public. We have no limits or restrictions of how many plan reviews and building inspections our staff can handle at one time. With our new Palm Desert office serving the Coachella Valley we have a deep bench of plan reviewers and inspectors available on an as -needed basis. We Will Meet or Beat Your Turnaround Review Schedule Requirements Maximum Delivery Time — Maximum Delivery Time - Initial Review Subsequent Plan Review 15 Working Days 5 Working Days 8 Working Days 3 Working Days 10 Working Days 5 Working Days Deliverable Commercial (new building or addition) Tenant Improvement Residential (new construction) Residential (addition, remodel, and minor permits) 8 Working Days 3 Working Days Note: All expedited reviews will be completed within 50% of the normal working timeframe above. HRGreen. CITY OF PALM DESERT Page 126 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-56 Looking Forward Electronic Plan Review: Our goal is to maximize efficiencies, time and cost savings, enhance collaboration, and reduce waste by continuing to aspire to the implementation of a 100% paperless platform. All of our plan review staff are proficient in digital commenting as well as expedited plan review. On -Call Staffing for Land Development, Planning, and Engineering HR Green is proposing a full range of experienced staff members to help the City of Palm Desert meet your current needs and future goals. We will provide a staff and resource management plan that is appropriate to the nature of your on -call land development, planning, engineering and code compliance needs. Our proposed staff have successfully provided these services for similar municipal agencies. We will implement a plan that is responsive to your needs, will remain nimble to changing conditions, and match the right mix of staff. Our proposed staff are available for assignment to the City and will remain with Palm Desert on an ongoing basis (see Our Proposed Transition Plan later in this section). As the City identifies project and program needs, our Project Manager, Tim Jonasson, PE, and Development and Public Works Services Manager, Steve Loriso, PE, QSD/QSP, will meet with the City to clarify the scope requirements and schedule. To provide you a comprehensive solution, he will coordinate with the applicable scope category task leader to determine staff needs and verify that we are mobilizing the best fit to meet your needs. These individuals will be supported by a cadre of multi -faceted personnel, some of whom are identified in the matrix on page 17. Moreover, given our depth of staff and specialized capabilities, we can seamlessly mobilize additional in-house resources to meet your needs. To maintain legacy knowledge and institutional continuity, we strive to assign and maintain the same staff in order to deliver special initiatives, CIP programs, complex development projects, and on -site staff augmentation assignments. Our subconsultant, Terra Nova, will lead planning and environmental assignments through an integrated team approach and proactive engagement in issues identification and resolution, project facilitating and team coordination. Properly planned research and analysis programs must take a systems approach that starts with a comprehensive understanding of baseline conditions, provides a rigorous evaluation of possible project impacts, and explores as wide a range of issue solutions or resolution as is practicable. Also essential is Terra Nova staff's knowledge of local, state and federal environmental laws and regulations affecting documentation and processing. Environmental approvals are the first line of attack for project opponents and Terra Nova has a well -deserved reputation for highly defensible environmental documents. They also regularly consult with land use and environmental law attorneys and have provided expert witness testimony in state and federal courts. HRGreen. HRGreen NiON FV1 i i CITY OF PALM DESERT Page 127 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-57 Survey and Civil Engineering Plan Review Augmenting Survey Services and Plan Review Through Communication Our hands-on Development & Public Works Services Manager, Steve Loriso, PE, QSD/QSP and Civil Plan Review Manager, Tina York, PE, will be 100% available to the City of Palm Desert during this contract. Tina actively monitors all services and has a goal to get plans approved at third submittal. She will confer and/or meet with the City, developers, engineers, surveyors, and contractors. She will prepare agendas and attend all coordination meetings, including meetings to discuss redlined comments for survey or plan reviews and other potential issues which may delay review projects or survey services' timely completion. Tina, in coordination with our subconsultants, will provide you with the deliverables for review projects (transmittal, redlines, comment letter, checklists, or letter stating plans are technically correct) or for survey services (vertical/horizontal ties, benchmarks, topographic information, etc.) at or ahead of the required project schedule. Our files are always accessible to you through TRAKiT or can be delivered as a final package upon project acceptance. Tina is thoughtful, straight -forward, and a proven professional. She knows the City and the City can trust and have confidence in her, the HR Green team, and the final work product. For nearly two decades, the HR Green team has implemented proven electronic solutions that save time and costs of printing, delivering, handling, and storing copies of plans, documents, and survey records. Our plan check leaders are industry -recognized thought leaders in advancing the robustness of paperless solutions. Tina and other HR Green professionals have served as technical advisors to paperless data management/reporting software solution providers to incorporate new tools and refine electronic solutions. We leverage and are proficient with various software solutions (e.g., Bluebeam Revu, Adobe, TRAKiT, Accela, EnerGov, Agiline, ePlanSoft, etc.) to not only create a paperless environment, but also provide healthy reporting for smart decision -making. We are constantly implementing the latest tools available in software. Leveling Up" the Review Process HR Green has a proven internal plan review coordination process, GreenTREx, to make certain that each plan received is properly processed and returned on time. Our GreenTREx development review process/program allows us to efficiently complete plan tasks concurrently. This is a formalized and integrated process whereby Technician data input and processing, Review, and Expert staff manage quality control functions that are consistently implemented on each and every project. Our map/plan checks are thoroughly reviewed. This allows multiple HR Green staff to assist at any phase of the processing, review, and approval process. While most processes represent the old guard and more of the same, HR Green is evolutionary, bringing fresh and new ideas, using the latest technology, advanced permitting, and project software. Subdivision Map Checking — Our survey review team is conversant in the requirements of the California Subdivision Map Act. The review of each parcel or final tract map includes the coordination of the documents submitted for review (map, closure calculations, etc.) for compliance with the City's Municipal Code, Resolutions, Specific Plans, Conditions of Approval, Tentative Map, checklists, and City approved format/preferences. Civil Engineering Design Plans — Our plan review team has decades of experience providing plan review for grading (mass, rough, and precise), erosion control, WQMP, hydrology and hydraulic studies, soils reports, streets, streetlights, signing and striping, traffic signals, storm drains, and fiber optics. Each plan is compared to the appropriate Specific Plan or Community Plan, the final map, and other improvement plans for the project to verify conformance and no conflicts. Utility plans are HRGreen, CITY OF PALM DESERT Page 128 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-58 compared to the master plans. The plans also go through a thorough investigation for compliance to City standards, Municipal Codes, Ordinances, Resolutions, policies, procedures, checklists, and City approved format/preferences. Our subconsultant, Dennis Janda, Inc. (DJI), has 40+ years of survey field experience. With a one-man survey crew or two -man survey crew, DJI can coordinate all City surveying functions. The services DJI and Mike Myers, PE, our City Surveyor, would provide include: Field Surveying: With state-of-the-art equipment, our survey crews will provide topographic and construction surveys, easement/right-of-way surveys, locate and set or reset (maintain) Citywide vertical and horizontal survey monuments and file all associated documents with the County Surveyor's office according to the California Subdivision Map Act requirements. All files and records will be provided to the City at the conclusion of each project or as requested. Office Survey Services: Determine and review location of property line, boundaries, easements, and right-of-way; research property divisions and mergers, public and private land ownership, public and private easements, public improvements, construction, and historic information; prepare, interpret, and review deeds, legal descriptions, and plats for easements, lot line adjustments/parcel map waivers, street vacations and dedications. City Surveyor Services: After a map or other survey -related documents have been determined to be technically correct and it's recommended that the City accept the documents, our City Surveyor, Mike Myers, PE, will complete a final review to provide consensus of the recommendation. He will then sign and stamp the documents as being technically correct. DELIVERABLES & MILESTONES SCHEDULE Service Description PLAN CHECK First Submittal Second Submittals Third Submittal TIMEFRAME FOR DELIVERY HR Green Commitment 10 Working Days or Less 5 Working Days or Less 3 Working Days or Less FAST -TRACK" I EXPEDITED REVIEW First Submittal 2" d I Subsequent Submittals 5 Working Days or Less 3 Working Days or Less Ewa Palm Desert Standard 3 Weeks (maximum) 2 Weeks (maximum) 1 Week (maximum) CITY OF PALM DESERT Page 129 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-59 Green, City Receives Plans From Applicant & Assigns Project Development Plan Check Process T Resubm itta I HR Green Receives PDF of Plan Submittal Enters Information Into CityView360° Submittal Intake Checklist. Notify City if Submittal is Incomplete. 1 Discuss Key Issues with City Budget Hour, DistriPlans AppropriatebutePlanToReview Team Member Technician Tract/ Parcel \ Map Reviews Street Vacations/ DedicationsLot Line Adjustment/ ParcelMapWaiversStreet ImprovementPlante Ri Storm D rai n Plan Reviews Grading Plan Reviews ater Quality M anagement Plan ( WQMP) ReviewsHydrology^~ Report Reviews Hydrology HydraulicStudiesOther Review TasksasAssigned Prepare Corrections — RI emo_ EMI Quality Reviews Finalize Correction/ Approval Letter Log Out Project Reviewer Expert HR Green provides thorough and accurate review comments to our development engineers and responds quickly to expedited review requests. Their proficiency to collaborate using digital commenting of plans electronic plan check) has saved us time and money." Daniel Wozniak Project Manager Pulte Homes Corporation 1- E93 HRGreen. City / Design Engineer HR Green's electronic plan check system provides instant file delivery to all responsible parties, making the review process more efficient and expeditious; at -a -glance history of all data transfers; and instant project deadline tracking and notification." Carmen Barsu, PE, QSD Associate Civil Engineer City of Pomona CITY OF PALM DESERT Page 130 On - Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-60 Technology Implementation Technology support for permit software or other similar applications will be provided by HR Green and our subconsultant, Holistic System Integration Solutions. Ken Price, CGGIO, a former Information Technology Services Director for a municipality and certified change manager, is available to lead any implementation required. Holistic's President, Angelica Zarco, will provide business operations optimization, software configuration and training on existing City permitting/plan check software platforms. These individuals will be available as needed to the City. DELIVERABLES & MILESTONES SCHEDULE Deliverable/Milestone Due Date HR Green Staff Responsible Configuration, training, for TRAKiT or other development software Depends on complexity of software implementation/configuration and training required Project Manager/HR Green IT Manager/Holistic OTHER STAFFING NEEDS: Public Works Department Civil Engineering Design The proposed HR Green team is well versed in all aspects of design/engineering/surveying and administration, including, but not limited to project controls (estimating, cost and schedule), planning, quality assurance/quality control (QA/QC), change control and risk management. Having provided a full range of engineering services, including serving as City Engineer to various municipalities, we have a detailed knowledge and understanding of the latest version of American Public Works Association's Green Book, Construction Specification Institute Codes, as well as the standard plans and specifications of Caltrans and nearby cities. .Our approach will generally follow the steps set forth below: Kick -Off Meeting & Site Reconnaissance Hold a kick-off meeting with City staff to discuss major features and details of design project. Identify jurisdictional agency approval and/or permit requirements. Establish clear lines of communication. Gather background data available from the City. Discuss any special requirements, constraints, and/or opportunities available that are in the best interest of the City to expedite the project in a cost-effective and timely manner. Discuss project completion issues and milestones. Perform field visit(s) to review and document field conditions, verify existing topographic data, and assess specific concerns / constraints and issues. I-E9a HRGreen. CITY OF PALM DESERT Page 131 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-61 Task Order Negotiation Develop, submit, refine, and negotiate task order proposal with City that includes a detailed scope of work, identification of subcontract work, deliverables, project milestone schedule, resource requirements, documentation required from the Caltrans Local Assistance Procedures Manual (if necessary), and budget. Research and Review Upon notice -to -proceed, further research and gather all available relevant information, data, and reports. Obtain existing drawings files for topographic and base mapping, as -built data, survey control data, hydrology studies, geotechnical studies, right-of-way maps, and existing utility information from the City. Research plans not available through City for existing roads, drainage facilities, and utilities. Contact impacted utility agencies by registered mail to obtain existing plans or updated information. Hold coordination meetings with utility agencies, as needed. Initial Evaluation / Agency Coordination Identify alternative solutions for key elements of design task order and evaluate feasibility based on various factors (e.g., cost-effectiveness, constructability, utility impacts, safety, implementation, schedule, ease of operations and maintenance, sustainability, etc.). Present findings to City and coordinate with other impacted agencies. Environmental Documentation Evaluate need for CEQA or NEPA documentation based on funding and specific project requirements. Develop necessary documentation. Obtain required permits from regulatory agencies, as needed, including U.S. Army Corps of Engineers, Air Quality Management Board, Regional Water Quality Control Board, California Department of Fish and Wildlife, Caltrans, etc. Design Development Review existing studies and design documents for adequacy, value, completeness, assumptions, and compliance with required standards and criteria. Complete preliminary design to effectively implement required infrastructure improvements. 1 Review documentation (e.g., existing geotechnical data and reports, sub -grade compaction records, traffic studies, and other design and master plan studies). Client / Agency Review Present findings and recommendations to City for review and concurrence. Coordinate with permitting agencies for plan check review and comments. Submit construction plans, specifications and engineer's estimate to City at agreed upon milestones hardcopy and digital formats conforming to City's requirements). Project Finalization, Approvals, and Permit Processing Compile input, concerns, and comments from permitting agencies and present them to City for resolution and direction to finalize plans. Ili HRGreen., CITY OF PALM DESERT Pace 132 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-62 Support City in obtaining all required approvals and permits from the permitting agencies. Construction Support Assist City, as needed, in responding to RFIs, evaluating revision requests, providing construction staking, performing as -built surveys, and developing "as -built" plans. Looking Forward Alternative Pavement Designs: The annual rehabilitation of residential street pavement places a priority on accelerating the design and construction to mitigate impacts to residents. HR Green has successfully worked with the region's leading paving contractors to provide an alternate GIS-based approach to traditional PS&E preparation to save time and money by 20- 30%. The established way to prepare plans for most types of projects is to perform a design/field survey in order to collect an existing inventory of field items (e.g., manholes, water valves, fire hydrants, etc.) as well as to prepare base plans. Many projects still require this level of detail. However, by utilizing existing GIS data (obtained by HR Green without the need for the City to have a system) as well as through a thorough field reconnaissance, we can prepare plan sheets with all of the requested and necessary information at a considerable cost savings to the City. By utilizing and preparing preliminary plans based upon GIS, we can import any utility information the City already has available. Traffic Engineering Traffic Engineering & Operations/ITS Traffic safety and mobility improvements are high, ongoing City priorities. HR Green has worked with cities to help implement transportation safety initiatives which have reduced fatalities and major accidents by as much as 50%. Many enhancements have been incorporated to reduce speeding, promote safe routes to school and multi -modal transportation options, improve level of service and circulation, and upgrade safety lighting and ADA compliant sidewalks/curb ramps. In our role as City Transportation Manager/Traffic Engineer to various jurisdictions, we handle daily operations, including: Participating at Traffic Committee meetings. Conducting, directing and/or reviewing traffic studies and construction traffic control plans. Designing and/or reviewing signing, striping, traffic signal, and interconnect/synchronization plans. Preparing/managing traffic operations, speed, and safety studies. Preparing engineering study reports. Monitoring traffic volume and accident database updates, as well as addressing resident issues and comments. Responding to City Council and constituent traffic and parking requests/inquiries. H-Ra HRGreen. CITY OF PALM DESERT Page 133 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-63 Field investigation/inspection to verify existing conditions and improvements and working with numerous stakeholders to enhance safety. Developing citywide street and trails plans. Leveraging GIS traffic data systems to prioritize projects/programs. Proactively addressing resident issues and comments. Facilitating community outreach / presentations. Looking Forward Enhanced Transparency and Service Delivery: HR Green can help update ordinances, publish traffic data and maps, report TIA reviews through the City Engineering's office weekly, and place increased emphasis on improving your transportation and street network. We can also: Address circulation element within General Plan. Seek to be rated by the State Department of Traffic Safety as a performance metric relative to other jurisdictions. Work with the Planning Department to update the Mobility Element and create or update a Master Plan of Streets and Trails as defined in the General Plan. Implement a traffic signal synchronization system, traffic signal upgrades, and Traffic Management Center. If desired, show you how your existing traffic system can be leveraged to take advantage of the technologies of the future such as connected and autonomous vehicles and enhanced emergency response systems. Construction Management Support HR Green consistently looks at optimal ways to deliver services. Based on the specific assignment, we will work with the City to gain concurrence on scope, schedule, budget, and the appropriate approach to accomplish the project in a quality, timely, and cost-effective manner. Any proposed alternative approaches to meet the City's technical requirements will be thoroughly explained and discussed with the City based on the project -specific goals, constraints, key issues, etc. Under the direction of our Construction Manager/Resident Engineer, we make sure that all requirements are understood and adhered to, that milestones are met, and that the completed project is as specified in the plans. HR Green staff takes care of all the paperwork related to the construction contract, handles bid advertising and pre -bid meetings, analyzes bids, and makes the contract award recommendation. HR Green will review requests for progress payments, verifying that work was done in accordance with requests. In closing the contract, we make certain the work is complete before final invoices are paid. HRGreen. CITY OF PALM DESERT Page 134 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-64 We also monitor the contractor's compliance with bonding, insurance and labor requirements and regulations and that all warranties are honored. Our staff uses a Construction Management Plan (CMP) to manage projects. This project -specific plan serves as a guideline for the execution of all construction - related activities. The purpose of the plan is to facilitate smooth coordination and communication among parties involved, including the designers and the City staff, and to establish protocols for effective execution of the project requirements. The CMP is prepared immediately after our mobilization and updated continually as a project matures. A partial list of the activities and procedures covered in the CMP includes: Section One -- Management Plan Section Two — Administrative Procedures Project Description Key Project Success Factors Directory of Participants Organization Chart Responsibility Assignment Matrix Emergency Response Plan Safety Plan QA/Inspection Plan Disputes/Claims Management Plan Records Management RFI Management Submittal Management Meeting Management Scheduling Change Orders Pay Applications Monthly Reports Correspondence Punch Lists Closeout Construction Management The following is our typical approach to providing construction management / resident engineering services. Suggested tasks include: Constructability Review i Task 1: Constructability / Value Engineering Review / Permits / Right -of -Way Certification Task 2: Construction Scheduling Task 3: Project Inspection & Quality Assurance/ Quality Control (QA/QC) Task 4: Contract Administration & Project Documentation Task 5: Claims Management Task 6: Contract Close-out CONSTRUCTION MANAGEMENT Assist City with Advertisement Award Project Kick - Off Meeting Schedule & Submittal Review Materials Testing Construction Quality Assurance HRGreen. Prog ress Payment Review 111111.. Payment Recommendation Punchlist Review Recommend Final Approval CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No, 800-22 Project Close Out Page 135 PACIFIC Item 1J-65 The following table details our typical construction management and support services approach: Task I — Preconstruction / Bid Process Phase ITEM DESCRIPTION BENEFITS DELIVERABLE Photograph and Videotape Site Pre - Construction Submittal Review and Meeting Provides documentation of existing Take pre -construction photos and conditions in the event of site video. I damage or other issues with claims potential. Review contractor's submittals of project schedule, SWPPP, haul routes, permits, notices, etc. Meet with contractor and engineer. Provides understanding of contractor's work plan. Confirms design intent and addresses constructability issues. Photos, dated, with labels, and a video Comments and recommendations. Meeting minutes and actions. Task II — Contract Administration Phase DESCRIPTION BENEFITS DELIVERABLE Track Quantities Track quantities of completed work for payment, and "force account" work. i Review ' Review proposed CCOs. Contract ' Recommend needed CCOs. Change Orders Track cash flow for CCOs. Write maintains that CCOs comply with CCOs) CCOs. applicable contract requirements. Provides records for payments, ! List of quantities, change orders, and claims, thereby tentative agreements minimizing disputes over quantities. I for force account Process Submittals Review all submittals (shop drawings, samples, mix designs, etc.) for completeness and constructability. Monitor for compliance with Environmental environmental regulations and Complies with environmental laws Compliance contract requirements, such as SWPPP. Follow City BMPs. Allows timely approval of all submittals needed to maintain the schedule. HRGreen. and regulations. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No, 800-22 Issues only necessary CCOs, eliminating unnecessary costs; ` Change orders and a CCO log Submittal approval log Documentation of compliance with environmental regulations Page 136 PACIFIC Item 1J-66 Task 11 — Contract Administration Phase DESCRIPTION BENEFITS DELIVERABLE Labor Compliance Prm0rmme Payments Monitor for compliance with the labor laws and contract requirements (e.g, prevailing wage requirements). Review contractor's payment requests. Verify completed Complies with labor laws. Verified certified payrolls, employee wage interviews Monitors that contractor is payment fonoompleh*d.aoueptab|o work. request Maintain filing system for Project oqJon ingand tracking aUpu en eo neednnfove aganoiea Facilitates ease ofdocument Documentation documentation. Use filing system theva|for dispute resolution. w"mmnv/mu,y. Public Relations Project Coordination Answer questions from the public Assists the City with public about the project. Participate in ! i vu|ediuno public meetings. i Coordinate between City staff, utility companies, stakeholders, and other governing agencies. Fosters effective lines of communication. Electronic files, project files/logs Answers toquestions from the public Project files and documentation Task III - Inspection Phase DESCRIPTION I BENEFITS DELIVERABLE Inspect work to monitor compliance with contract documents and codes. Reject unacceptable work in writing, using the Deficiency Log. Monitors that all work complies with contract, and applicable standards. Progress Photos I -f]' Take pictures to document contractor's progress and any problems. Videotape, as necessary. L CITY OF PALM DESERT Provides proper project documentation in the event of dispute. Daily inspection reports; Notices of Noncompliance and the Deficiency Log Picturen, labeled, with a log HRGreen. On'Cal|Support Services for Development Services and Public Works. Project No.800-22 G/F/C; Item 1J-67 Task III — Inspection Phase ITEM DESCRIPTION BENEFITS DELIVERABLE ANEW Materials Testing Public Relations Traffic Control Field Coordination Have all materials tested for compliance with contract I Satisfies oversight agency documents. Receive/file required requirements and that materials Certificates of Compliance and comply with contract. truck tickets. Monitor that contractor complies with noise level, dust mitigation, and hour requirements of the contract. Inspect contractor's traffic control systems. Verify systems meet requirements of contract documents. Review detours and other activity related to public health and safety daily, documenting the status in daily reports and pictures. Coordinate activities of the contractor, utility companies, survey, and others. Monitors that the project is a good neighbor and will minimize complaints. Monitors safe traffic control complying with contract documents and WATCH Manual or Caltrans Traffic Control Manual. Provides documentation in event of an accident and protects public health and safety. Promotes effective communications in the field. Files of material test reports and certificates of compliance Documentation on working hours and noise levels Daily inspection reports and photographs Files of written correspondence Task IV — Project Completion / Wrap -Up Phase DESCRIPTION BENEFITS DELIVERABLE Final Conduct a final inspection/walk Inspection through. Notice of Completion Assist City in filing the Notice of Completion. As -Built" ; Review Contractor's red line Drawings drawings and submit to designer. HRGreen. Monitors that work complies with the contract, with proper documentation as proof. Establishes the lien period payment retention period. and Provides documentation for changes to the plans, a permanent record. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No. 800-22 Punch lists Notice of Completion As -built" red line drawings Page 138 PACIFIC Item 1J-68 Task IV — Project Completion / Wrap -Up Phase ITEM DESCRIPTION BENEFITS DELIVERABLE Dispute Resolution upon request Project Files Assist in resolving disputes (e.g., claims documentation, Monitors that claims are resolved negotiations, litigation support). quickly and fairly. Deliver all project files, including photographs. Claims briefs, negotiation and litigation/arbitration support Provides project records (digital and Project files, including hard copy). electronic files Public Works and CIP Inspection Our inspectors have extensive experience working on diverse projects. They know community needs, safety requirements, and environmental characteristics, and provide inspection services for projects, regardless of their construction type or size. They handle all inspection services for city projects, including developments, encroachment permits, overlay, construction, street maintenance, landscape, traffic signal, drainage, wet/dry utilities, parks, water quality, and similar projects. Our staff is dedicated to providing the highest level of customer service and ensuring that all work is in conformance with City requirements and all other applicable design standards, water quality requirements, and codes with detailed daily reports and photographic documentation provided. Our inspection can be adjusted on fast -track projects to provide a high level of coordination specifically suited to gain compliance with all applicable codes on a shortened timetable. The need to track and assess design changes in the field has created a need for inspectors on these projects to be especially aware of changing conditions. Fast -track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. Our inspection team also provides on -call inspection services to cover staff vacation time, peak workloads, specialized inspection activities and others as needed. These activities may include: Next -day inspections. Same -day response to important or urgent inspection requests. Inspections of a clearly urgent nature (emergencies, serious life -safety concerns, etc.). HRGreen. CITY OF PALM DESERT Page 1 39_ On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-69 INSPECTION CERTIFICATIONS MAINTAINED BY OUR INSPECTORS Qualified SWPPP Practitioner (QSP) Certified Inspector Soil and Erosion Control CISEC) Certified Erosion, Sediment, and Storm Water Inspector (CESSWI) Trenching and Excavation Competent Person Confined Space Competent Person California Landscape Contractors License Cal OES Damage Assessment Journeyman Carpenter Caltrans Resident Engineers Academy License c27 and c53, CET (Certified Horticulture / Greens Keeping) SWPPP Certified AQMD Certified (PM-10) Various ICC Certifications (Combination, Building, Electrical, Mechanical, Plumbing) Nuclear Gauge CPI Certified Paver Hardscape Installer Certified CPR - Medical Response Certified First Aid - Medical Response AQMD Certified MSHA Certified HAZWOPER Supervisor Certified Maintenance of Traffic for Technicians Certification, National Highway Institute California State Contractor AWS Certified Welding Inspector ASME (Los Angeles City Welding Certifications) Certified Statewide Earthquake Disaster Inspector NASSCO-certified I Confined Space I OSHA Water Distribution Operator Grade III, CA ACI Concrete Field Testing Technician PROJECT CONTROLS HR Green leverages a variety of best practice to maintain safety, mitigate changes, monitor budget and schedule, and protect your investment. For example, one key tool includes: Constructability Reviews An accurate and understandable set of plans and special provisions is necessary to the success of a construction project. A critical part of this success is to have the plans and special provisions reviewed by an independent third party, then enhanced and corrected prior to letting out to bid. Having this constructability review performed by experienced Construction Professionals will save an owner time and money by avoiding potential extras, contractor requests for extensions of time and contract claims due to errors, omissions, conflicting information, site unknowns or ambiguities. It is important that the constructability review is performed at 90% of plan completion and not sooner, so that it can be assumed by the review team that the designer is confident that the documents are comprehensive with the exception of final, minor details. This provides the best value per hour to the owner. It is also important that the Constructability Review Team is comprised of people who are separate from the design team. This Review Team must know contractor bid strategies, be aware of common field problems, be fluent with methods of payment, be responsible for contract administration and have experience with construction scheduling. HRGreen. CITY OF PALM DESERT Page 140 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-70 When viewed by Construction Managers and field inspectors with specific expertise and perspective relating to problems encountered during construction, many benefits will be realized, including: Fewer Requests for Information (RFI's) from the contractor Fewer change orders Fewer conflicts between bid documents Fewer stakeholder issues/impacts Fewer contractor disputes Promoting more accurate, lower bids Increasing competition Averting delays Avoiding redesigns Smoother project closeout A constructability review is a critical component of the design process and should not be overlooked. Hiring independent construction professionals will assuredly save the owner time, money and headaches during the construction of its project. 6 Looking Forward Below are a few examples that can add overall value to your community in this service area: Technology. Our inspectors utilize the latest field inspection apps and handheld devices to document daily logs, pictures, and report findings to project files that are tied digitally to the project design records. Our construction managers enhance planning, scheduling, and risk management through the use of Primavera P6 enterprise solutions, Microsoft Project, and other software platforms. Staffing: HR Green staff is trained using best practices of project management following the Project Management Institute's Project Management Body of Knowledge (PMBOK). We integrate early planning, monitor, analyze and report key success measures; and we provide efficient team management and leadership. Moreover, our staff possess knowledge of the diverse construction trades, geotechnical conditions in coastal areas, and the construction management and inspection proficiency to provide turnkey services. We regularly incorporate construction management staff during the construction phase to provide constructability review feedback to mitigate or avoid construction phase issues that would otherwise lead to cost overruns or scheduling delays. We will align the right staff with the requisite qualifications to deliver successful construction projects. Transparency. Given ongoing construction citywide, informing constituents and mitigating construction impacts to the public, and promoting well-informed decisions, we can help you report capital and land development projects onto a GIS-based map and post on the City's website. FRa HRGreen. CITY OF PALM DESERT Page 141 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-71 NPDES Compliance and Stormwater Given strict water quality mandates and that the City's storm water system feeds into the Whitewater River Basin, as a co-permittee it is important to comply with the Riverside County MS4 Permit and other requirements, including, but not limited to, annual storm drain/channel maintenance, monitoring of permanent and temporary BMPs, and industrial/commercial facilities inspection. HR Green provides programmatic solutions to a city's storm water quality needs. This includes developing and implementing storm water programs in compliance with NPDES requirements; responding to RWQCB directives and citizen concerns; representing the City on Permittee Committees; coordinating inventory of City municipal, residential, industrial, and commercial facilities; reviewing City Ordinances, General Plan, and Standard Conditions of Project Approval for compliance with NPDES; preparing annual reports per mandated regulations; preparing and/or reviewing SWPPPs and Water Quality Management Plans; and coordinating outreach and inspection efforts associated with commercial/industrial facilities. For field inspection a premium is placed on close communication; community education/outreach; accurate and detailed findings; accessibility to inspection forms and photographs; and Final Reports. For CIP projects our inspectors monitor sites to monitor that temporary BMPs are installed and maintained while permanent BMPs are constructed per local standards and specifications. For industrial and commercial facilities each business is notified per the City's ordinances by letter giving them the date, time, and reason for the inspection. The letter will state that the inspector will be a representative of the City and any costs. Prior to the inspection, our coordinators and inspectors familiarize themselves with the facility by reviewing the database that exists in the City's files and uses a checklist to correspond with the listed BMPs at the facility. They also complete the first section of the inspection forms with the business' general information. During the site visits, our inspectors meet with the business manager or responsible party and introduce the City's stormwater program as well as distribute the necessary educational materials. Our inspectors then verify the site information with what is provided in the City's database, perform a thorough examination of the facility and all outdoor activities which could potentially generate urban runoff pollution, evaluate the NAICS codes to verify that it correctly reflects the business' principal activity, evaluate onsite BMPs and staff training, and review the site's SWPPP and storm water monitoring program. At the completion of the walk- through, the inspectors will recommend corrective actions and provide a photocopy or fax of the inspection report for the business' records. Each inspection will take from one-half to two hours with an average of one hour per inspection portal to portal. After the inspections are completed our coordinator/analyst will meet with our inspectors on a weekly basis and update the City's database with the new inspection information. A Final Report will also be prepared summarizing all the commercial and industrial inspection results, violations, education efforts, and BMP assessments. CITY OF PALM DESERT Page 142 HRGreen. PACIFIC On -Call Support Services for Development Services and Public Works, Project No, 800-22 Item 1J-72 G Looking Forward Staff Development / Training: While key aspects of the NPDES program are overseen by a registered civil engineer and QSD/QSP certified staff, it is important that many field observation tasks be handled by inspectors who not only have extensive experience in the construction trades, but also are proficient with the latest NPDES requirements. HR Green can support and provide staff training and obtaining required certifications to monitor and accurately report compliance with the MS4 Permit. Documentation / Technology / Enhanced Processes. Given the diverse array of construction activities and permanent BMPs, there may be opportunities to simplify compliance by standardizing BMPs for field activities and implementing a field inspection app to streamline report preparation and tracking. Another best practice is mandating that all trades are SWPPP-certified in order to be on construction sites. HR Green is capable of providing this training through the City. This helps document compliance with proper credentials for auditing purposes. Another opportunity could include establish a deposit / contingency for environmental compliance efforts associated with after -project site remediation, if needed. Federal / State / Local Funds Management HR Green has a long and successful history of working with clients to develop and implement successful funding strategies for California communities. Our strategy focuses on securing and managing funds through a combination of competitive grants made available at the federal, state and local level, utilizing local financing tools, and leveraging alternative service delivery and funding models The hallmark of HR Green's approach to project funding is based on the following actions: Identify funding options that meet the needs of the community and the project. Frequently, communities chase funding rather than identify how potential funding sources are a good fit for the project and the community. For example, determining the type of funding associated with a program, its eligibility requirements, reporting requirements, funding history, etc., can help the community assess if the anticipated use of funds meets a project need and the administrative responsibilities associated with securing funding are not burdensome for administrative officers. Determine if the funding source(s) are consistent with the project needs and the community's capabilities. HR Green works with steering committees, city councils or project committees to outline funding options, discuss advantages and disadvantages associated with each funding option, eliminate the least desirable funding options and select finalist funding options for further pursuit. Prepare a funding strategy that focuses on implementation. HR Green works with our public agencies to prepare a tailored funding strategy, including a proposed schedule of activities and listing of milestone events. These efforts typically involve meeting with administrative staff and elected officials. Preparation of successful funding proposals. Our process of evaluating funding opportunities does not simply consist of grant preparation. To the contrary, HR Green spends considerable effort asking the right questions of grant makers, examining past funding commitments and developing text that reflects your needs and its consistency with past funding awards. HRGreen. CITY OF PALM DESERT Page 143 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-73 The same is true in our efforts to leverage federal appropriations. HR Green has an experienced representative in Washington, DC that has relationships, and a familiarity, with the appropriations process to attract federal funds to projects. Ongoing contact with fund program managers. Our effort does not end with the submission of the funding proposal. Often, staff will contact the grant maker to monitor that there are no unanswered questions and to strive to keep the review moving forward. Traditional Funding Sources Our client cities maximize the use of Measure, SB 1, CDBG, HSIP, and Gas Tax monies to fund high -priority infrastructure needs to advance critical projects. In addition, HR Green staff has prepared applications and obtained millions of dollars in new funding through Caltrans, Metroplitan Planning Organizations, regional transportation agencies, MTA, CDBG, HSIP, CalRecycle, and other grant programs to support Safe Routes to School and Active Transportation Program (ATP) projects, beverage container recycling, and "green," cost-effective pavement rehabilitation methods. Alternate Funding Sources In our role city management and department director roles we also look at the big -picture and strategies to leverage alternative funding sources, such as public -private partnerships, shared -service models, contractor agreements, developer agreements, and interagency agency agreements. HR Green is also closely monitoring the American Rescue Plan Act (ARPA) and infrastructure grant programs as they move through the current administration and will advise the City as soon as more details are available. Example: On May 18, 2017 the Jurupa Valley City Council approved an Amendment to the Franchise Agreement with Burrtec Waste Industries. Representing the City, HR Green conducted negotiations that improved service levels, largely maintained the existing rate structure, and significantly increased revenue to the City. Amendment highlights Include: Transition from a two -hauler system to a one -hauler system citywide by July 1, 2022. Rate freeze on residential rates until June 30, 2018, with a 5% maximum annual increase cap. Up front revenue payment in the amount of $1.7 million, enabling the City to acquire the City Hall property. An increase in the franchise fee rate from 8. 5% to 15.25%. This will more than double the annual franchise fee revenue from $850,000 to an estimated $2,000, 000. Introduction of a comprehensive organics recycling program and other strategies to comply with increasing State regulations. Example: As Placentia's Owners Representative for the award -winning $500 million OC Bridges program, HR Green was able to negotiate additional funding from OCTA to accommodate sustainable infrastructure improvements and mitigate construction impacts. Example: For agencies in numerous states we have successfully institutes multi -agency agreements or public private partnerships to share costs in order to create regional solutions benefiting their constituents. HRGreen. CITY OF PALM DESERT Page 144 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-74 Virtual City I Contactless Service The COVID-19 pandemic has necessitated that municipalities and counties develop alternative methods to safely deliver public services to their residents, contractors and development communities. Moreover, while sales and transient occupancy taxes have been in freefall, agencies must maintain revenue streams and protect economic development by keeping projects moving forward which also helps residents stay employed. HR Green can help leverage current techniques as well as innovative approaches to touchless permit and project service delivery with an eye toward how these techniques will benefit the community after COVID-19 safety restrictions are lifted. With many cities under lockdown, public safety is paramount and understandably the highest concern for city managers, mayors and city council members. However, how does an agency keep its virtual doors open for business when it's not safe to keep the physical doors open? Digital solutions for services such as permitting, plan checking, inspection and related services that are necessary for the agency's economic survival: fees, commercial development, property taxes and transient occupancy taxes. While not a panacea, digital strategies such as permit tracking software, remote inspection techniques and cloud based plan checking have allowed many agencies to provide these services without physical contact with their customers, thereby keeping their doors open virtually until it is deemed safe to meet with customers in person. By following best practices, including incorporating a well implemented permit tracking software system, an agency can gain greater efficiency for staff, greater flexibility for applicants trying to access services and overall greater transparency of operations. While these outcomes are critical during a pandemic or public emergency, agency leaders should anticipate that virtual municipal services, available 24 hours a day seven days a week, will likely be the expectation of constituents post -pandemic. Our staff have helped nurture the change management and implementation of various digital solutions to enhance service delivery and back office efficiencies. 1-f-a ram. 11111101111 r.ue111.11115 The Virtual City Hall Contactless Counter 8 Project Delivery Services New Paradiyrn for the Pandemic and 8e)ood: Mythrrp your agency &Hers at a put bC cauntr rrt;st bn ays:ah/e rnrnn•A SOWN 1311MBAIN RAN OWE WM flghClf KM MI • CONSTILVI71 001111111111111 IMIEUIPIERT MID IMILOPIEIrrreemildertiTairiNt 1111111111 II 111 Fiber I Broadband I "Smart City" Consulting I ITS Our staff has developed bid documents, overseen bidding, and installed new signal master systems, traffic operations centers, radio communications for traffic signals, and fiber optics communication systems. This includes developing and managing a collocation program that installed 50+ miles of conduit at little to no cost to a City, as well as state-of-the-art ITS systems and Traffic Operations Center. HRGreen. t CITY OF PALM DESERT Page 145 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-75 HR Green maintains a national footprint in the provision of turnkey fiber and broadband consulting, from visioning, strategic planning, and policy development to networking engineering, construction oversight, smart city implementation, and asset management. Nationally, our staff has served cities, counties, special districts, and DOTs from a fiber and broadband perspective. Some of our current / recent related experience includes: Fiber Master Plan, City of Pico Rivera Small Cell Review and Public Policy Development, Various California cities Presentation to the Western Riverside and South Bay Cities Council of Governments and national symposiums, on future proofing options to leverage emerging technologies and smart city solutions Program management to a large metropolitan city for citywide fiber master planning Member of Inland Empire Broadband Consortium Network engineering under an accelerated schedule for a citywide fiber network (650,000 population) Coordinating regional fiber expansion with multiple agencies along a state highway Many agencies own significant assets which have recently become vastly under-utilized and under -valued, thanks to technological advancements. Statewide, there are thousands of utility -related assets (e.g. underground conduits, streetlights, and fiber optic cables) that can easily be upgraded to serve a wide variety of new purposes that were unforeseen until recent years. It is now possible to not only provide all the telecommunication needs of the public agency, as well as broadband Internet services to the community, while providing a significant economic development advantage to the public agencies choosing to exploit these exciting new opportunities. Small Cell 1 5G Consulting The September 26, 2018 FCC Small Cell Preemption Order is meant to accelerate small cell and 5G deployment nationally. However, the Order shortens the time agencies must process applications for small cells, limits permit and recurring fees for small cell deployments, prohibits agencies from assessing fees that include anything other than a "reasonable approximation" of "reasonable costs", and limits aesthetic review and requirements of facilities. However, HR Green has helped cities maintain a significant amount of authority and flexibility by still negotiating win -win outcomes that benefit carriers while addressing key community concerns, such as aesthetics, availability of high-speed telecommunications, and public safety. This has included, but not been not limited to public policy development, design standards development, plan review, permit processing, colocation agreements, and construction inspection. HRGreen. Simulation showing potential results to aesthetics of small cell deployment Avoid potential radiation exposure in homes due to Improper setback. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works, Project No, 800-22 Page 146 PACIFIC Item 1J-76 Smart Lighting With the deployment of small cell and 5G telecommunications now imminent, street lighting systems nationally are being re -assessed as potential transmitter locations for future wireless cellular and fixed broadband telecommunications sites. As a result, many cities are municipalizing their streetlights, then leasing those locations to their incumbent carriers and creating new sources of revenues, which, in turn can often help offset the cost of illumination itself. Other cities are exploring options to reduce their energy "footprint," embracing "green initiatives" and "dark skies" technologies while potentially reducing their street lighting costs significantly. Many cities are now rethinking the entire topic of public illumination. In addition to the usual cost savings, cities are now positioning themselves for a paradigm shift in street light -based emerging or smart" technologies. Other cities are repurposing their streetlight underground conduits, using them for new electrical conductors, telecommunications, and/or extending their fiber optic networks. In short, alternatives are available in light of the upcoming changes in technology and small cell placement. HR Green staff members have been featured speakers at dozens of professional association seminars discussing the latest best -practices for municipalized and/or innovative use of street lighting. We have worked closely with nearly 20 cities on an intergovernmental streetlight initiative by organizing and developing strategy sessions to help position these municipalities to purchase thousands of streetlights from energy companies and adapt new technologies, such as LEDs and "Smart lighting." We can assist cities by analyzing their existing streetlight systems to determine the scope of the issues relating to the placement of small cell towers within the City, many possibly using the street lighting infrastructure as its backbone. Owl land Mesh Tratr..cewtr Ap• Bawd Weeks Control Nanticem n° r«aVrr • oftlianitsloo Nide ( CO0W 11111 UMW' SuedLIOImomtAconedmow r•. r won hbWlnco. nlo. WWI COW • nity * KIN TrdlcdNectbnAlai mastic( CA4c F+anea on lWn. eel aM, adverosii nane, rta467 Graphic by hrtelliSireets, CITY OF PALM DESERT Page 147 HRGreen. PACIFIC On - Call Support Services for Development Services and Public Works. Project No, 800-22 Item 1J-77 Quality Control Our Quality Control program will provide a framework for project requirements; risk management; project controls; value engineering; and Quality Assurance/Quality Control (QA/QC). We have worked with numerous public agencies to enhance quality control procedures that address specific agency needs for a full life lifecycle (concept planning, master planning, design, project management, construction, operations and maintenance). We will develop a project -specific Quality Plan and risk management plan. This mini plan will be an extract of a quality control plan — a plan that is also used as a design guideline as well. This plan establishes the design, plan layout, and critical elements of the quality control review process. We will confirm the adequacy and clarity of established standards and controls for the project scope and implementation procedures for the entire team. Each submittal will be reviewed by our staff members who will recommend revisions and make revisions. They will check for product quality, sound reasoning, logical assumptions, compliance with applicable technical methodologies, and adherence to scope. The mini plan will be updated during the various stages of submittal to meet the changing conditions encountered throughout the project life cycle. This is a continuous process focusing of communication and reporting to tie the process together. Upon project completion, our staff will capture project successes and areas of improvement to incorporate lessons learned into the QA/QC guidelines for future City work. Peer Review: Our QA/QC team members bring nearly 90 years of applicable experience reviewing the design of infrastructure projects for more than 50 Southern California agencies. They have developed and managed internal design and construction QA/QC processes for consulting engineering firms. Upon notice to -proceed, our QA/QC Team, Project Manager, Lead Engineer, and the City will begin the QC process at the scoping stage and continue implementation throughout the life of the project. This allows us to operate from the "big picture" perspective giving us greater flexibility to apply and discover innovative ways to meet the City's project needs while implementing cost- and time -saving measures. Design Risk Management: At the project identification and initiation stage, we will hold a meeting with a team of experts and stakeholders to discuss potential project issues and risks that may have an impact on the proposed schedule, budget, and success of the project. Project issues may involve buyoff from uninvolved 3rd parties or agencies, geotechnical issues, rising construction costs, permitting, and/or other work going on in the project area. Once issues/risks are identified, a plan will be put in place and incorporated into the project management plans and schedule to manage, monitor, and when needed, elevate these issues in order to reduce/eliminate possible risks. Quality Control Measures HRGreen. Quality Control Management Plan Regularly Update Schedules Internal Resource Allocation Meetings Risk Management Matrices Action Item Lists Progress Meetings and Reporting Meeting Follow -Up Value Engineering Budget Tracking Peer/Constructability Reviews CITY OF PALM DESERT Page 148 On -Call Support Services for Development Services and Public Works. Project No, 800-22 PACiF IC Item 1J-78 Our Proposed Transition Plan HR Green will assign a transition management team (Contract Manager/Principal-in-Charge, Project Manager, and Key Service Area Managers) with expertise in transitioning comprehensive departmental services from one service provider to another. This experience includes 20+ agencies (e.g., newly incorporated cities, change in consultant providers and related transitions, county -to -city transitions, modified service delivery options, inter -local agreements, strategic public -private partnerships). Our team will meet with the City to: Confirm our understanding of your needs, expectations, and performance benchmarks. Assess alternative service delivery options and cost -benefit analyses for any desired process improvements (Adjustments to current staff composition and levels? Incorporate new best practice tools, such as electronic plan check, web -based field inspection reporting, new reports/ metrics? Targeted workshops? Customer service input enhancements? Training?). Maximize continuity should the City so desire, we are open to hiring consultant personnel at the City interested in joining HR Green. Mobilize applicable staff on -site at City Hall/offices (Note: Support staff will work from an office in close proximity to Palm Desert). Meet with the community in a workshop setting to introduce our team and set goals and expectations moving forward. Collect, transfer, review, and manage all project data to assess status at transition date, determine remaining work to be completed, and optimal way to complete this work in a seamless manner. This critical phase will be performed at no additional cost to the City. Since the current consultants may have collected fees for permits already issued or initiated CIP projects already in process, there will need to be an evaluation of their status. There are two possible approaches: 1. The current consultant may be used during the transition period to complete the inspections of permits already issued and/or complete in -process CIP projects. 2. HR Green can complete the inspection of permits already issued and/or finish in -process CIP projects. Based on our experience, it is most cost effective and efficient to use the second approach. What we want to make sure of is that the City not "double pay" for any services. We will meet with the previous consultant to evaluate each permit that has already been issued and for which fees have been collected. An extent of work that has been completed will be assigned to each permit. HR Green will complete all remaining work. The previous consultant will be required to refund the proportionate amount of fees collected to the City to cover the cost of all remaining work. The City will be assured that it will not double pay for any services for which fees have already been collected. This gives the City the needed time to transition services to HR Green, in the right manner, and provides the best services possible to the community. We will leverage proven processes to review the status of Building and Safety, Engineering, and Public Works projects and code compliance cases, and implement the most applicable approach to conduct services in a manner consistent with the City's ordinances, policies, and past practices. Finally, we will meet with City representatives to present our findings and recommendations. HRGreen. CITY OF PALM DESERT Page 149 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-79 KEY TRANSITION ACTIVITIES General Assessment Management Financial Operations Organizational Processes / IT Community Relations Logistical Matters Identify and collect data Review active files Gather information Drive City Prepare list of outstanding items Hold "all hands' department meeting Finalize invoice processes, formats and details Analyze financial aspects of permits and work performed to date Prepare schedule of events and activities Identify any special needs the City may have Meet with City to coordinate activities Review building permits and status for completion Review and evaluate handouts Review any related agreements Review other documents Confirm staffing priorities Hold meetings and introductions with staff Finalize staff assignments Establish relationships with other stakeholders Review processes and counter coordination Establish interface with contractors and other service providers Identify/collect data Review IT needs Evaluate current system status and data Identify any permitting systems needs Review permitting data and use Prepare any related announcements Establish open house plan(s) — if any Meet committee members Connect with other agencies Meet community groups and organizations Determine any office space needs Purchase IT equipment, as needed Purchase any related software Coordinate internal logistics Make any related capital purchases IRCireen- CITY OF PALM DESERT Page 150 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-80 Schedule Control HR Green employs proven best practices and a proactive plan to control project schedules . Utilizing Microsoft Project and Primavera P6 enterprise solutions, the schedule will specifically include QC deliverable milestones and critical path that list the significant QC activities, including task level reviews, project manager and constructability reviews, schedule reviews, budget reviews and, most importantly, construction document reviews. We will develop, resource load, baseline, and consistently monitor the progress of the project. Our schedule update is essential to give the City an overview of the project status, issues, budgets and, most importantly, delivery date. We consistently incorporate best practice tools (implementation of policies, procedures, and standards) in our assignments. This flexibility and adaptability adds great value in responding to changing needs without missing a beat. We maintain effective and open communication with stakeholders early on so they understand the latest standards and requirements, and are receiving the requisite supporting data and documentation to expeditiously move forward with construction and compliance with design standards. One of the most helpful ways to keep projects on track is to establish open communication early and often verbal and comprehensive written documentation/ correspondence) throughout the design and construction process. Establishing a positive rapport and working relationship at the initial and subsequent meetings will promote constructive dialogue between stakeholders. Mutual buy -in can be established on areas of concern, performance expectations, goals, action items, methods of construction, design standards, code interpretations, milestones, etc. Our staff will serve as a facilitator and problem -solver to maintain forward momentum. They will visit the site to determine the improvements are practicable to existing site conditions and will try to anticipate issues to avoid future disputes. HR Green also possesses a deep bench of in-house resources. We can call upon additional staff or specific technical proficiency from any of our 15+ offices to get your project back on schedule, if needed. As discussed earlier, HR Green will implement the most appropriate proven best practice tools and technologies to reduce paper, save time and money, enhance collaboration; and streamline communication and service delivery. Some of these items include, but will not be limited to: Electronic plan check. Permitting software. Maximize usage of City's mapping and integration platform and decision -making tool to track data and identify trends in CIP, permit, and maintenance activity; infrastructure assets; actions; and results. Tracking logs. Smartphone and tablet -based field applications. Monthly progress reports GIS interface to track data and manage infrastructure assets 1.493 HRGreen. CITY OF PALM DESERT Page 151 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-81 6. Fee Proposal HR3 HRGreen® PACIFIC Item 1J-82 6. Fee Proposal As requested in your RFP, our fee proposal is uploaded (.pdf file) as an attachment separate from the proposal. 1-Ra HRGreen. CITY OF PALM DESERT Page 152 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-83 7. Appendices HRGreen® PACIFIC Item 1J-84 7. Appendices a. Litigation HR Green Pacific, Inc. has no litigation history for any claims filed by our firm or against our firm related to the provision of services. b. Project Team Resumes On the following pages, please find resumes of key personnel/support staff. 1+19 CITY OF PALM DESERT Page 153 HRGreen. On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-85 TIM JONASSON, PE I Project Manager Education I Registration Masters, Business Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #45843 A long-time Coachella Valley resident, Tim has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience of municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. Tim has been a two-time President of APWA's Coachella Valley Chapter, worked extensively with CVAG and Coachella Valley cities to drive regional collaboration, and recently served as a speaker on Smart City solutions to the APWA Coachella Valley Chapter. He is a consultant to CVAG and formerly chaired CVAG's valley -wide signal synchronization subcommittee while advocating for expanded uses, including high speed broadband, that a fiber optic signal interconnect system could ultimately support. Interim Public Works Director, City of Palm Desert, CA. Interim Public Works Director managing the day-to-day departmental operations. This included the planning, design, and construction of CIP and land development projects. He assisted in facilitating the implementation of TRAKiT as well as the design and construction of CIP projects. Development and Public Works Services, City of La Quinta, CA. Public Works Director/City Engineer for 15 years. Oversaw a Capital Improvement Program (CIP) budget of $14.7 million and a department operating budget of $5.3 million. He provided expertise and guidance to the executive team and City Council with additional responsibility for flood plain administration, storm water protection compliance, approval of plans for capital projects and private development and administration of Lighting and Landscape District. He served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape maintenance. This included implementing TRAKiT for plan/map review services. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District which supply water/sewer and power to the City, respectively. Some of his key initiatives included Instituting the Americans with Disabilities Act (ADA) Transition Plan to improve all city facilities including public buildings, parks and sidewalks to current ADA standards Providing project management for the SilverRock Resort, the City's largest redevelopment project, a 100 million investment of an Arnold Palmer designed golf course, which opened in 2005, and continuing with private luxury hotels, residential and commercial retail components. Reviewed and approved new commercial development and redevelopment of virtually all commercial centers along Highway 111 all of which often involved extensive upgrades to the parking lot landscaping, circulation and striping. Development Services & Economic Development, City of Jurupa Valley, CA. Senior Manager working closely with the Public Works, Engineering, Planning and Building and Safety Departments to facilitate the delivery of public and private projects as well as multi -agency coordination. Also led the City's effort to update its development review processes to be more efficient, transparent and developer friendly to foster economic development in the City. He spearheaded the implementation of Accela. 1-ra HRGreen. CITY OF PALM DESERT Pa_ae 154 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-86 GEORGE WENTZ, PE I Principal -in -Charge Education I Registration Master, Public Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA, #43273 George has been a long-time Rancho Mirage resident. He brings 40 years of municipal management experience serving various Coachella Valley communities, and is Vice -President of HR Green Pacific, Inc. He has overseen the provision of on -call development and public works services to more than 50 cities and counties throughout Southern California, including various nearby communities and 10+ Riverside County agencies. He has served as City Manager, Assistant City Manager, Public Works Director, City Engineer, Building Official, Planning Director, Traffic Engineer and Economic Development Manager. George has directed and administered projects which range from on -call support to full city contract services. His responsibilities have ranged from accountability for day-to-day completion of activities associated with a contract to Principal -in -Charge of particular projects. He is recognized in the field as having a unique talent in working well with City Councils, boards, commissions, committees, ad -hoc groups, managers, and staff to achieve desired agency results. He has focused on the master planning and implementation of high -profile, revenue -producing developments, golf courses, and mixed -use resort communities and facilitated the operational efficiency of public works departments and delivery of CIP projects. In addition, he has served as a development manager, responsible for identifying specialty designers, contractors, and operators; preparing and maintaining documentation; incorporating applicable procedures and standards into design and construction documentation; coordinating closely with agency, developer, city departmental staff, approving agency, and community stakeholders; facilitating community outreach; and coordinating project management, estimating, constructability, and scheduling efforts. CITY OF PALM DESERT Page 155 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-87 STEVE LORISO, PE, QSD/QSP I Development & Public Works Services Leader Education I Registration I Certification Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #64701 I Qualified SWPPP Developer/Practitioner (QSD/QSP), CA #00503 Steve has over 20 years of design, CIP project/program management, design management, plan review, NPDES/water quality compliance, and construction management experience of municipal public improvement projects. Steve has managed the implementation of the Municipal Separate Storm Sewer System (MS4) Permit for various municipalities; performed review of compliance documents for private and public developments and acted as the owner's representative and liaison between design teams and general contractors on facility and infrastructure construction projects. Steve has served as a City Engineer to the Cities of Hemet and Jurupa Valley and has overseen the design of CIP infrastructure for 15+ Southern California agencies. Varner Road Street Improvements, City of Indio, CA. Project Manager for street improvement and widening project involving the design, contract administration, and construction management of one mile of frontage road parallel to Interstate 10 as well as drainage, signing and striping, and right-of-way acquisition. City Engineering, City of Jurupa Valley, CA. City Engineer responsible for managing City's Capital Improvement budget, plan checking of land development projects, overseeing the design and construction of all capital projects, facilitating the MS4 Permit and stormwater quality compliance requirements, and grant writing/administration. Some design projects have involved improvements to arterials/corridors and incorporation of Complete Streets elements. Coordinated the design and construction of Jurupa Community Services District $60 million water and sewer CIP Program, comprised mostly of water and sewer pipeline new and replacement) within the City right-of-way. Project Manager for design and construction of nearly 750K worth of drainage improvements. The drainage improvements were necessary to protect private properties that continually experienced flooding. Since many of the areas that experience flooding throughout the City are rural with urbanized improvements, installing conventional drainage improvements i.e., connection to existing drainage facilities, etc.) was not feasible. Therefore, engineering creativity was employed by utilizing infiltration devices in order to mitigate the storm flows to a manageable and safe level. City Engineering, City of Hemet, CA. City Engineer responsible for managing City's Capital Improvement budget, plan checking of development projects, and overseeing the design and construction of CIP projects. Program Management, Design, and Construction Management, City of Pomona, CA. Contract Program Manager for the City's Utility Services Department responsible for the design and construction of various sewer and water projects. Handled project analysis, RFP preparation and evaluation, project coordination, and City Council award and advertisement of bid packages. Also, served as Project / Program Manager for the design and construction management of CIP projects, the Gold Line, and plan check. Program Management, City of Lake Elsinore, CA. CIP management, project management, quality assurance/quality control, and construction management to help prioritize and program of CIP road and drainage projects involving a large backlog that needed to be expedited through design and construction. Program Management, City of Diamond Bar, CA. Project Management for the augmentation of engineering staff to handle a wide variety of day-to-day tasks associated with CIP management support, design drafting (as-builts, base maps, etc.), permit processing, utility coordination, and land development coordination. HRGreen, CITY OF PALM DESERT Page 1 56 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-88 ED BARRETT I Broadband Services Leader Education Bachelor of Science, Journalism Ed has more than 10 years of telecommunications experience working with local communities and carriers. As the Practice Leader of HR Green's Fiber and Broadband Services national service line, he has worked with clients ranging from the smallest of small towns to million - plus urban counties who are studying and deploying broadband as a way to enhance the lives of their constituents and grow into the Gigabit Economy. He is a recognized thought leader nationally and is a speaker at national and regional conferences. Ed has served as Principal and/or Project Manager for 30+ fiber, broadband, small cell/5G, and smart city projects throughout the country, involving visioning, planning, design, program management, construction, and operations phases. Broadband and Fiber Feasibility, Master Planning, and Design, Nationwide. Principal and/or Project Manager for 30+ fiber, broadband, small cel1/5G, and smart city projects throughout the country, involving visioning, planning, design, program management, construction, and operations phases. Fiber Optic Master Plan, City of Pico Rivera, CA. Project Manager for the creation of an advanced fiber optic master plan to link its core traffic signal, information technology, streetlights and other assets. The study included the creation of advanced communication policies, including a complete right-of-way ordinance. The Master Plan will provide a roadmap to guide the deployment of fiber optics across the community to support the City's key operational and technology goals and to serve as a potential backbone for future community -broadband or regional networks Broadband and Fiber Feasibility Study, El Paso County, CO. Project Manager to prepare a study of wired and wireless infrastructure in this geographically and economically diverse county. The project included Visioning and Planning services and focused on the creation of a strategic plan that will guide the County's P3 efforts to extend fiber and broadband services to underserved areas. Portland Fiber Initiative - Henkels & McCoy, Portland, OR. Project Manager / Principal -In -Charge for this complex, high -volume design project. Henkels & McCoy was experiencing financial and delivery issues with its current engineering subconsultants on this national cellular fiber optic design/build contract for the Portland metropolitan market. Ed led the creation of the project team and quickly ramped up capacity in order to deliver more than 120,000 feet per month of completed design within four months of engagement, meeting and exceeding scheduling and financial commitments. Fiber Deployment Feasibility, Mountain Parks Electric, Inc. CO. Project Manager for this study to help rural electric cooperative analyze the feasibility of two fiber deployment alternatives as part of a multi -year program. HRGreen. CITY OF PALM DESERT On -Call Support Services for Development Services and Public Works. Project No. 800-22 Page 157 PACIFIC Item 1J-89 BILL HAYES, CBO I Building & Code Services Leader/Chief Building Official Education I Credentials: Building & Fire Code Academy I ICC CERTIFICATIONS: Building Inspector (expires 04/26/2021) I Residential Plumbing Inspector (expires 08/24/2021) I Residential Mechanical Inspector (expires 08/24/2021) I Certified Building Official (expires 08/24/2021) I Residential Building Inspector (expires 08/24/2021) I Commercial Building Inspector (expires 08/24/2021) I ICC / AACE Property Maintenance and Housing Inspector (expires 08/24/2021) Bill brings 18 years of supervisory experience of the daily operations of the Building, Code Enforcement and Housing Inspection Departments for various Southern California cities, including La Quinta. His experience includes counter service, permitting, plan check, field inspection, code interpretation, departmental management, and gathering of data and completing required reports. Bill has served as a Chief Building Official for 12 municipalities and was the recipient of the State of California Helen Putnam Award for Innovation. Bill has developed training materials and procedure manuals for staff and trained Building and Code Enforcement staff on customer service policies and procedures. Building Plan Check, City of La Quinta, CA. Project Manager for on -call building plan review focused extensively on City's signature mixed -use development, SilverRock Resort (hotels, residential development). Comprehensive Building & Safety Services, City of Jurupa Valley, CA. Project Manager for comprehensive Building & Safety administration, plan check, inspection, permit processing, and code enforcement. The City has experienced rapid development (major mixed -use development, commercial/industrial complexes) since incorporation. Building & Safety Services, City of Moreno Valley, CA. Project Manager for Building & Safety and Permit Technician Services. This includes reviews of plans for any and all types of structures and inspections of various residential and commercial sites for compliance with all local ordinances and State and Federal laws pertaining to Building Safety and applicable ordinances. Comprehensive Building & Safety Services, City of Laguna Hills, CA. Project Manager/Building Official overseeing all aspects of the Building Department, including 100% electronic plan review, inspection, and permit processing. Also, helped implement updates to current building codes and ordinances and regularly provides code intent and how best to apply construction means and methods. Comprehensive Building & Safety Services, City of Palos Verdes Estates, CA. Project Manager for full - service Building and Safety services, including Building Official, plan check, inspection, and permit counter support. This is part of a 5-year contract HR Green holds with the City with an option for a three-year extension. As part of this contract, HR Green enforces codes, provides building and safety services, performs inspections, maintains records concerning construction permits and building code administration, and keeps daily logs of building permit and inspection activities. Building & Safety Services, County of Orange, CA. Project Manager for plan check and inspection of County's largest land development, 23, 000-acre Ranch Plan (100% paperless platform to meet expedited 5/ 3/1 review schedule requirements). Coordinate electronic plan review, building inspection, and multiple permit technicians staffing the Building counter. Building & Safety Services, Various Southern California Agencies. Manage a combination of Building Official, administration, plan check, permit processing, inspection, and code enforcement for the County of Los Angeles; and the Cities of Redlands, Pico Rivera, Santa Fe Springs, Garden Grove, Industry, and Covina. R3 HRGreenv CITY OF PALM DESERT Page 158 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-90 CHASE KEYS, PE I Project Engineer/Plan Reviewer Education I Registration Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #90593 Chase brings comprehensive experience in CIP Program Management, design management, plan review, and construction management experience of municipal public improvement projects. His experience includes a multi -faceted involvement with Engineering and Public Works Departments as well as NPDES compliance operations. Types of projects include roads, drainage, water, sewer, traffic, and parking lots. Chase has helped prepare grant applications for federal, state, and regional funding. Moreover, he has assisted in both the office and field on construction projects, and processed paperwork through Caltrans Local Assistance and regional transportation agencies. He has served as CIP Manager for the Cities of Jurupa Valley and Hemet and has also served on site at the Cities of Lake Elsinore, Palos Verdes Estates, and Beaumont in delivering a broad array of CIP and land development projects. He has also served the County of Orange in reviewing plans. CIP Management, City of Jurupa Valley, CA. CIP Manager responsible for managing City's Capital Improvement budget and overseeing the design and construction of all capital projects including grant writing/administration. Chase is involved with the projects from conception and budgeting through construction management and close out. Manages wide array of projects from minor traffic signal modifications to multi -million -dollar street improvement projects. In 2016-2017 Chase managed and designed roughly $8,000,000 of residential street rehabilitation projects through seven project phases. This work included performing a pavement evaluation on every residential street within the 45 square mile City to determine the priority list of projects to be included in the program. CIP Management, City of Hemet, CA. CIP Manager responsible for managing City's Capital Improvement budget and overseeing the design and construction of all capital projects including grant writing/administration. Coordinates projects from conception and budgeting through construction management and close out. Manages a wide array of projects, including the City's water/sewer system. In this role Chase oversees all of the City's annual neighborhood pavement rehabilitation projects. Miscellaneous CIP Projects, City of Rancho Cucamonga, CA. Project Manager for preparation of an HSIP Cycle 10 grant application, design of ADA improvements in relation to the pavement rehabilitation on Church Street, design of various traffic signal modifications, and improvements to Hermosa Avenue including widening and addition of on -street back -in angle parking stalls. Miscellaneous CIP Projects, City of Azusa, CA. Project Engineer for the design of various CIP projects including a parking lot analysis and follow-up parking lot design at Azusa Avenue and 5th Street and the design of various pavement rehabilitation projects, including comprehensive re -striping plans. Towne Avenue Street Improvements, City of Claremont, CA. Project Manager for the City's complete streets project on Towne Avenue from Foothill Boulevard to Base Line Road. The project included pavement rehabilitation, ADA improvements, traffic signal modifications, modification to existing raised center median, new raised median to create a Class IV bike lane, signing and striping improvements, and complete landscape and irrigation plans. Holt Avenue Median Improvements, City of Pomona, CA. Project manager for the conceptual design of approximately 4 miles of new raised center median along the Holt Avenue Corridor as part of the City's corridor specific plan. The project included a thorough traffic analysis of the corridor including taking 24-hour turning movement counts at 85 intersection and 60 private driveways, traffic forecasting, and traffic model development to document existing, future no -build, and build conditions. In total four concepts were prepared working closely with both City staff and the public in order to determine the final build concept. HRGreen. CITY OF PALM DESERT Pac: 159 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-91 TINA YORK, PE I Civil Plan Review Manager Education I Registration Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #46367 Tina has 35+ years of experience focusing on civil plan review, project management, civil engineering, site grading and drainage design, and review of hydrology and hydraulics studies. She has also performed construction inspection for municipalities. Having overseen plan review services for 40+ agencies, including La Quinta, Rancho Mirage, Cathedral City and 15+ Inland Empire cities, she is recognized as an electronic plan review thought leader by public agencies and the nation's largest developers. Tina regularly customizes plan review reports and tracking logs, checklists, and budgetary worksheets for tracking inspection costs. Tina has also managed a web -based plan check tracking system to give agency staff 24/7 project status and implemented electronic plan checking to enhance communication, reduce review times, and save money. She is proficient using various software applications, including EnerGov, TRAKiT, Bluebeam Revu, Agiline, Accela, NewForma, Adobe, and e- PlanSoft, and has managed the plan review process for Southern California's largest developments up to 23,000-acres On -Call Engineering Plan Review, City of La Quinta, CA. Project Engineer/Manager responsible for overseeing the development review and processing of citywide projects using TRAKiT, including the high - profile SilverRock Resort. On -Call Engineering Plan Check, City of Rancho Mirage, CA. Project Manager for the review of survey documents and grading plans, improvement plans, and hydrology and hydraulic studies. On -Call Plan Review Services, City of Cathedral City, CA. Plan Reviewer responsible for the review of grading plans, improvement plans, and hydrology and hydraulic studies for subdivisions. On -Call Plan Review Services, Riverside County Flood Control and Water Conservation District and Riverside County Transportation Department; Cities of Banning, Beaumont, Moreno Valley, Hemet, Corona, Victorville, Hesperia, Pomona, Ontario, San Bernardino, Placentia, Anaheim; County or Orange and San Diego, CA. Plan Reviewer responsible for the review of grading plans, improvement plans, and hydrology and hydraulic studies on an as -needed basis for subdivisions. On -Site Development Services Management, City of Jurupa Valley, CA. Consultant Development Services Manager, overseeing full range of development services for a diverse community of about 45 square miles and population of nearly 100,000 citizens. Coordinate all plan and map check intake, established and update plan review tracking logs, customized submittal checklists, oversee encroachment permitting, establish fee schedule, handle entitlement services and plan review, write Conditions of Approval. Achieve 99% turnaround review schedule success of 1,500+ plan sheets annually. On -Call Consultant Plan Review Services, City of Victorville, CA. Project Manager/Civil Plan Review Technical Expert for review of grading plans, improvement plans, sewer and water studies, hydrology/hydraulic studies, and bond estimates on an as -needed basis. Plans ranged from minor to major residential subdivisions and commercial/industrial sites. Tracked projects from first submittal to agency approval via web -based system and used electronic plan reviewing/digital commenting. Engineering Plan Review, Military Housing, Ft. Irwin, CA. Project Manager/Lead Civil Plan Reviewer responsible for performing fast -track civil plan review services for new and redeveloped multifamily and townhouse units. Plan review included infrastructure, flood control channel layout, street improvements, grading, and erosion control for over 35 sheets with a one -week turnaround timeframe. Processed a 2,000+ home site in four months. HRGreen. CITY OF PALM DESERT Page 160 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-92 ROEL SANCHEZ, CISEC I Construction Inspector Education I Certification Caltrans Resident Engineer Academy I License c27 and c53, CET (Certified Horticulture / Greens Keeping) I CPI Certified Paver Hardscape Installer I CISEC, Inc. Sediment and Erosion Control -Certified, #2883 (expires 1/31/21) I AQMD Dust Control certified (PM-10) Procore Certification: Engineer, LTAP CEU Certificate -Labor Compliance I NHI Course No. FHWA-NHI- 131050A, NHI Course Nos. FHWA-NHI-131110A-K, NHI Course No. FHWA-NHI-131129 A Coachella Valley resident, and graduate of the Caltrans Resident Engineer Academy, Roel brings 35+ years of experience in the construction and landscaping industry, serving as a Construction Manager, Contractor, and Inspector on federally -funded bridge, street and pavement improvement, landscaping, and infrastructure projects for cities throughout Southern California. Over the past two years Roel has inspected numerous slurry seal projects. He has inspected Safe Route to Schools and ATP-funded improvement projects for the City of Coachella as well as various commercial developments for the City of Jurupa Valley. He has overseen the installation of pipelines (non- potable, irrigation up to 24" in mainline, domestic water backflow prevention devices up to 8" for the Cities of Coachella and Rialto, and the Port of San Diego. He has installed and maintained pump and booster stations for the City of Coachella, Palm Springs Unified School District, and UC — San Diego. Roadway Improvements, City of Coachella, CA. Construction Manager/Inspector for federally -funded Safe Route to Schools and Active Transportation Plan projects, involving crosswalks, signs, curb ramps and other improvements as well as traffic calming features, including unclassified excavation, subgrade, base grade, Portland Cement (PCC) ADA ramps, PCC walkways, decorative PCC medians, Hot Mix Asphalt HMA), Type II Emulsion Aggregate Slurry (EAS), enhanced Class II and III bike lanes and solar powered pedestrian crossing RRFBs. Use hand-held devices and field inspection apps and checklists to electronically capture data for project documents, daily inspection logs, progress photo logs, etc. to maintain real-time access to project reporting. Helped the City take advantage of "bundled" pricing by coordinating re -pavement efforts through a contractor that was working on another nearby re -pavement project. By piggybacking the re -pavement project with a similar one nearby, the City received a 30% savings in construction costs. They would most likely not have been able to repave the road without that savings. One of the challenges had been keeping the project accounting separate in order to verify that the City received maximum reimbursement of their Federal funding. Worked closely with the local Caltrans agency representative to maintain strict oversight of reimbursements. Also supported the City with public outreach and closely coordinated the construction schedule with the Spring Break schedule at the Coral Mountain Academy on Van Buren. Veteran's Park and Memorial Fountain, City of Coachella, CA. Lead Designer/Construction Manager for the Veterans Memorial Park Fountain and wall grading that was coordinated with the contractor, Urban Habitat. The "Hero Walk" features a fountain and inscriptions from famous veterans and officials and leads park goers from the granite travertine tiles featuring local veterans' names over to the Supreme Sacrifice Monument, where those who lost their lives in the line of duty are honored. The fountain was designed by Roel to honor veterans with a five -point star depicting the five branches of service. Multi -Phased Bag Duoma Park, City of Coachella, CA. Infrastructure Inspector for the four -phased park, which included a $6 million regional baseball park; a $1.25 million football field with parking lot and lighting underground utilities; and a $2.75 million soccer field with water feature, playground, parking lot with lights, restrooms, and underground utilities. Ranch Las Flores Park, City of Coachella, CA. Infrastructure Inspector for a $6.5 million park which included a soccer and football field, restrooms, and underground utilities. HRGreen. CITY OF PALM DESERT Page 161 On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-93 PGA West Landmark Golf Course, City of La Quinta, CA. Crew Chief for the Pete Dye Course and Arnold Palmer Course, responsible for turf, irrigation, and lake installation for two high -profile 18-hole championship courses. Dunes Landmark Golf Course, City of La Quinta, CA. Maintenance and irrigation Supervisor for 18-hole golf course. Pueblo Viejo Downtown Renovation, City of Coachella, CA. Contractor for the installation of landscaping, fountains, pavers, and roadway construction associated with phases 1 and 2 of downtown city renovation. Cathedral City Elementary School, Cathedral City, CA. Subcontractor to install the landscaping for the soccer and baseball fields as well as all appurtenant landscaping throughout the school grounds. Cathedral City High School Stadium, Cathedral City, CA. Subcontractor to install the landscaping for the football field and surrounding landscaping. Landscape & Lighting Maintenance Districts, City of Coachella, CA. Provided multi -year maintenance for all the Landscape and Lighting Maintenance Districts, including parks. CITY OF PALM DESERT Page 162 HRGreen. On -Call Support Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-94 ALBERT JIMENEZ, CBO I Chief Building Official Education I Certification Master of Arts, Practices of Ministry I Bachelor of Arts, Biblical Studies I Code Compliance Certification ICC CERTIFICATIONS: Mechanical Inspector (expires 11/14/2021) I Combination Inspector (expires 11/14/2021) I Certified Building Official (expires 11/14/2021) I Combination Inspector - Legacy (expires 11/14/2021) I Electrical Inspector (expires 11/14/2021) I Plumbing Inspector (expires 11/14/2021) I Building Inspector (expires 11/14/2021) I Plumbing Inspector UPC (expires 11/14/2021) I Mechanical Inspector UMC expires 11/14/2021) I Commercial Combination Inspector (expires 01/29/2023) I FEMA CERTIFICATIONS: ICS 100, 200, 300, 400 I ICS 120, 130, 402, 581, 583 I ICS 701, 702, 704, 800 I CERT Certified I CERT Train -the -Trainer I Cal-EMA/OES: Certified Post -Disaster Evaluator — Safety Assessment Program I Former United States Marine Corps Sergeant/Radio Chief, Master Instructor A long-time Coachella Valley resident, Albert brings 25+ years of supervisory experience of daily Building, Code Enforcement and Emergency Response operations for various municipalities and an Indian Tribe throughout the Coachella Valley. For the past 15 years he has served as Adjunct Professor for Building Inspection Technology at the College of the Desert. His expertise includes creating standardized digitized documents, reporting of building department activity, implementing new technology and applications, customer service, permitting, plan check, field inspection, code interpretation, departmental management, and gathering of data and completing required reports. He has implemented and monitored compliance with the applicable building codes and city ordinances, while providing counsel on appropriate alternate construction means and methods. Chief Building Official, City of Cathedral City, CA. Chief Building Official for five years responsible for supervising the daily operations of the Building Department. Responsible for counter customer service, issuing permits, performing plan checks, performing field inspections, gathering data and completing required reports. Developed training materials and procedures for building inspection and counter staff. Also, served as Code Compliance Supervisor which involved overseeing code inspections, reporting, and coordinating customer service policies and procedures. Drafted reports for City Manager and City Council relating to proposed and ongoing building projects. Maintained communications with other departments. Chief Building Official, Torres Martinez Desert Cahuilla Indians, CA. Building Official for four years responsible for supervising daily operations. Responsible for plan checks, field inspections, and emergency management. Also provided hands-on field inspection. Building Inspection, City of Palm Desert, CA. Senior Building Inspector for 10 years responsible for inspecting a variety of residential, commercial, and industrial projects (new construction, tenant improvements, remodels, additions). Public Works and Code Enforcement, City of Coachella, CA. Held different positions at the City for nine years supporting the Public Works Department and Building services. For four years served as a Code Enforcement Supervisor responsible for managing the code enforcement operations, including property maintenance enforcement, vehicle abatement, substandard housing investigations, un-permitted construction and the receivership enforcement process. Issued and tracked citations. Prepared reports. Created reporting and tracking forms to identify property locations possibly in violation of City's ordinance and follow-on activities. Obtained and verified property owner information, confirmed zoning regulations, and handled follow-through enforcement action, where applicable. Tracked progress and actions. HRGreen. CITY OF PALM DESERT Page 163 On -Call Suppoit Services for Development Services and Public Works, Project No. 800-22 PACIFIC Item 1J-95 c. Changes to Agreement HR Green Pacific, Inc. has maintained consulting contracts with the City of Palm Desert and is confident we can mutually execute an agreement for these requested services. The sample agreement provided contains language that should be modified or clarified to be more specific to the services being delivered. Based on our review, we believe revisions will provide greater clarity as to contractual obligations as well as compliance with state law requirements and insurance coverage , which will benefit both parties. If selected, HR Green would like the opportunity to work with the City to develop the proposed agreement and address very specific issues. We would be prepared to discuss these matters immediately upon selection to assure that no time is lost and that the proposed work can be carried out in a timely manner. Our comments are noted below: Change "warrants" or "certifies" to "represents" throughout the Agreement. Change "products" to "deliverables" throughout the Agreement. Remove "agents, volunteers and representative" throughout the Agreement. Other Provisions or Requirements. 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 hoc the right, but not the duty\ it ifritidr. iht i ti. !r. i.".t rtirR ihic, City may terminate this Agreement. Termination of 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 of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. Any use or reuse of any documentation produced by the Consultant for Services under this Agreement without the Consultant's written permission shall be at the City's sole risk and without any liability to the Consultant. 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 and Consultant's written consent 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 HRGreen. CITY OF PALM DESERT Page 1 64 On -Call Support Services for Development Services and Public Works, Project No, 800-22 PACIFIC Item 1J-96 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. 5 Confidentiality. , s. ± b ......t record data, written information, and other Documents c.". ^^stt~:sq. i.".r, written consent of City, be used by Concultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any percon or entity not connected with the peFrofmance ^f 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. 3.6.6.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend -(with 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, less, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any r^x\-Yinlr 2-4sing out of, pertaining to, or incident to any caused by the negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents during the performance of the Consultant's Services, the project or this Agreement, including without limitation the payment of all expert witness fees, reasonable attorney's fees and other related costs and expen et except such loss or damage caused by the tole 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. 1413 HRGreen. CITY OF PALM DESERT Page 165 On -Call Support Services for Development Services and Public Works. Project No. 800-22 PACIFIC Item 1J-97 1. H RG reen. PACIFIC TRANSPORTATION WATER GOVERNMENTAL SERVICES LAND DEVELOPMENT ENVIRONMENTAL CONSTRUCTION DRRGREEN.COM Item 1J-98 Contract No. C41690 AMENDMENT NO. 1 TO THE ON-CALL ENGINEERING SERVICES BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC INC. 1. Parties and Date. This Amendment No.1 to the On-Call Engineering Services is made and entered into as of this 14th day of June, 2022, by and between the City of Palm Desert (“City”) and HR Green Pacific, Inc. a with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “On- Call Engineering Services” dated 24th day of June, 2021 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide on-going and on-call engineering services for the City. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term of the agreement for an additional one (1) year in accordance with the provisions for the term of the contract contained in Section 3.1.2, which allows for a maximum of two (2) one (1) year extensions. This Amendment No. 1 of the contract is to execute the first one-year extension to the contract. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 Term” of the Agreement. 3. Terms. 3.1 Section 3.1.2 “Term” of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement shall be from July 1, 2022 through June 30, 2023 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 term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue Item 1J-99 Contract No. C41690 Page 2 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING PAGE] Item 1J-100 Contract No. C41690 Page 3 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO ON-CALL ENGINEERING SERVICES BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the On- Call Engineering Services contract as of the day and year first above written. CITY OF PALM DESERT Approved By: By: L. Todd Hileman City Manager Attested By: By: Anthony J. Mejia City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney HR Green Pacific, Incorporated By: Name: George A. Wentz Its: Vice-President QC Insurance ID: _____________ MR MR n/a George A. Wentz (Jul 13, 2022 16: 38 PDT) George A. Wentz Robeert Hargreaves (Jul 13, 2022 16:51 PDT) Robeert Hargreaves Todd Hileman (Jul 13, 2022 17:27 PDT) Anthony Mejia (Jul 13, 2022 17:36 PDT) Item 1J-101 Contract No. C41690 AMENDMENT NO. 2 TO THE ON -CALL ENGINEERING SERVICES BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC INC. 1. Parties and Date. This Amendment No.2 to the On -Call Engineering Services is made and entered into as of this 131h day of October 2022, by and between the City of Palm Desert ("City") and HR Green Pacific, Inc. a with its principal place of business at 260 Corona Pointe Court, #305, Corona, CA 92879 Consultant"). City and Consultant are sometimes individually referred to as "Party' and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled "On - Call Engineering Services" dated 241h day of June 2021 ("Agreement" or "Contract") for the purpose of retaining the services of Consultant to provide on -going and on -call engineering services for the City in an annual amount not to exceed $590,000. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term of the agreement for an additional one (1) year in accordance with the provisions for the term of the contract contained in Section 3.1.2, which allows for a maximum of two (2) one (1) year extensions. This Amendment No. 2 of the contract is to execute the first one-year extension to the contract. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.1.2 Term" of the Agreement. 3. Terms. 3.1 Section 3.1.2 "Term" of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement shall be from July 1, 2021, through June 30, 2023 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 term. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue Item 1J-102 Contract No. C41690 in full force and effect. 3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 ReAl' d 11-2-20 BBK]2500.00001\824 OWA Item 1J-103 Contract No. C41690 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO ON -CALL ENGINEERING SERVICES BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the On - Call Engineering Services contract as of the day and year first above written. CITY OF PALM DESERT Approved By: By: Todd Hil man (Oct 18. 2022 09 18 PDT) L. Todd Hileman City Manager Attested By: By. Anth ny Mena ct 19, 2022 09:37 PDT) Anthony J. Mejia City Clerk Approved As To Form: By: Rober aves (Oct 19. 202211:42 EDT) Best Best & Krieger LLP City Attorney HR Green Pacific, Incorporated By: TiMoth J Nrtnett (Oct 18, 202219:22 CDT) Its: Vice President Printed Name: Tim Hartnett By: Jason J. Pop -pen (Oct , 2022 20:17 CDT) Its: Secretary Printed Name: Jason Poppen Page 3 of 3 Revised 11-2-20 BBK 72500.00001 \32445060.1 QC: MN Insurance: Initial Review mg fY1R Final Approval Item 1J-104 Contract No. C41690 Page 4 of 4 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT A” See attached Scope of Services Item 1J-105 AUGUST 17, 2022 Broadband Feasibility Study and Master Plan PROPOSAL FOR City of Palm Desert Tim Jonasson, PE 44651 Village Court, Suite 123 Palm Desert, CA 92260 Office 760.555.1212 + Direct 760.262.4311 tjonasson@hrgreen.com Item 1J-106 44651 Village Court | Suite 123 Palm Desert, CA 92260 Main 760.555.1212 + Fax 713.965.0044 HRGREEN.COM August 17, 2022 Eric Ceja I Director of Economic Development Economic Development Department I City of Palm Desert 73-510 Fred Waring Drive I Palm Desert, California 92260-2578 Subject: Broadband Feasibility and Master Plan Study, City of Palm Desert Dear Eric, Broadband has evolved from a nice thing to have, to being an important ingredient for economic development and a significant ingredient for many key components of quality of life, including education, business attraction, telemedicine, tourism, working from home, seniors staying in their homes and young people staying in the community. No wonder a broadband master plan has been part of Palm Desert’s strategic plan for many years. Improving broadband takes leadership, good information and a proven process. B eginning with clear goals is vital to the success of the project. HR Green Pacific’s (HR Green) team members have facilitated broadband visioning and goal setting sessions in communities across the country working with elected officials, agency staff and residents to define all desired outcomes. Because of the many factors that impact broadband this can be a confusing process that can make it challenging to figure out the path to achieving its vision and goals. Having a firm with our experience can cut through this confusion, clarifying the community’s viable options, and quickly eliminating irrelevant ones. Our team prides itself on providing broadband master plans that are practical to ensure they can be the basis for preliminary and final designs of your broadband project. Our team will be led by our Project Manager, Ken Price, CGCIO, CCM. He will oversee inventory of your existing broadband facilities and lead Palm Desert’s team through master plan development. Our Municipal Advisory Services Manager, Tim Jonasson, PE, will coordinate the City’s efforts with the Coachella Valley Association of Government’s (CVAG) valley-wide signal synchronization and Middle-Mile projects. As the former Public Works Director for the City of La Quinta, Tim chaired CVAG’s policy subcommittee for this project and has followed its development through construction which is currently underway. HR Green’s Principal-in-Charge, George Wentz, PE, is authorized to negotiate agreement terms. Our task leaders are well-regarded subject matter thought leaders on fifth generation broadband who regularly speak nationally on 5G and smart-grid fiber backbone systems based on their hands-on, practical experience to implement successful projects: Dave Zelenok, PE Smart Communities), Ben Lewis-Ramirez (Network Design), Sam Beever, PE (Engineering), and Irena Stevens (Vision and Planning). Thank you for considering HR Green for this important program. We look forward to more successful projects with the City of Palm Desert. If you have any questions or require additional information, please contact me, Tim Jonasson, by cellular phone at 760.250.6722 or by email at tjonasson@hrgreen.com or George Wentz at 949.939.5243 or by email at gwentz@hgreen.com. Sincerely, HR GREEN PACIFIC, INC. Timothy R. Jonasson, PE George A. Wentz, PE Municipal Advisory Services Manager Vice-President Item 1J-107 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 1 PROPOSED PROJECT SCOPE OF SERVICES / APPROACH The recent pandemic has drawn an even sharper focus of the impact that lack of internet access has on communities. No longer is broadband a luxury for video-on-demand and streaming services. Instead, it is a crucial part of how our residents work, gain access to medical treatment, and how our children learn, as well as a determining factor for businesses considering relocation. Effective broadband solutions are now critical to all phases of our life. We have witnessed many communities like Palm Desert taking increasing control of their broadband future by creating an active strategy to serve its constituents and attract new businesses with meaningful broadband access. Several months ago, we spoke with City staff regarding the challenges faced by the business es and residents of Palm Desert in their broadband availability, capacity, and investment. As we have worked with communities across the United States, including several in California, we applaud the initiative of regions like the Coachella Valley in taking control of the narrative and leveraging regional planning and investment efforts into a series of prioritized programs that drive maximum impact. The technology may vary, but the will to create a defined path forward is crucial to closing the all too frequent broadband gap. HR Green’s approach is guided by a belief that the City must clearly articulate key issues and desired goals through a measured process in order to shepherd this process from study to action. Our team will provide work products and deliverables and will do so in a framework that enables the City to move quickly from visioning to planning and onward into deployment of facilitative solutions to drive availability and adoption of true broadband services. Key Issues to Consider Issue: Create Operationally Effective Designs There is no shortage of complex issues that can cause major delays from the initial contract to the completed deployment of a fully operational network. Undertaking a project of this scale can create financial, schedule, and technology risks without the proven guidance of experienced broadband experts. Solution: GIS Mapping. For some time, it has been widely agreed that the FCC standards for broadband are outdated, and that more forward-looking definitions should be utilized in a feasibility and long-term planning effort such as the one being undertaken by Palm Desert. As such, HR Green will work collaboratively with the City to determine a viable framework for defining both “high speed” internet service and “affordable” internet service that facilitate rather than compromise the city’s ability to leverage and regrant ARPA and other grant monies. With that established, our team will begin to collect data. In addition to leveraging traditional sources, such as BroadbandUSA, FCC Form 477, FCC, NTIA, U.S. Census Bureau, and others, including private data sources such as third-party fiber penetration data resellers, our team will employ proven techniques to provide a quantitative and qualitative summary of the current service availability and market demand. We will collect data through residential and business-focused broadband surveys, directly from service providers, and from local jurisdictions and various commercial sources. Through meetings with key stakeholder communities and a focused online survey, we will identify existing broadband infrastructure, broadband access, barriers and service gaps, and broadband service demand, current pricing tiers and affordability for various income levels. Interviews will also be conducted with various representatives of City officials, commercial entities, anchor institutions including schools, libraries, healthcare providers, and others to obtain their broadband requirements and gaps. Item 1J-108 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 2 This assessment process will identify unserved and underserved gap areas, and areas where the investment impact can be maximized, resulting in a compelling economic development case. The tasks associated with this activity include: Service Provider Interviews and Data Collection Broadband Inventory and Mapping Key Stakeholder Interviews Residential and Business Community Online Survey, and Assessment of the Findings We will include fiber data from other commercial vendors to provide comprehensive fiber routes (maps and operators) available in the City. We will conduct an exhaustive search of available public and private fiber network data sources and additionally request this information directly from the operators. Public fiber operators have an incentive to share this information; however, due to the competitive nature of this data to commercial enterprises, we cannot guarantee that the private operators will provide information regarding their existing and planned networks. The City may need to enter into non-disclosure agreements with carriers to obtain some of this information. Once this baseline of information from diverse sources is compiled and mapped, it will be augmented with data collected during the process of survey and direct resident outreach outlined in this the proposal. As part of our mapping and outreach efforts, HR Green will collect and incorporate data on public and private provider facilities throughout the City into our GIS platform for the interactive map we will deliver to Palm Desert. This information will inform a variety of important decisions and elements of the final feasibility and master plan. Success Factors: HR Green’s approach, experience, and tools HR Green has been serving our clients for 109 years. Because of our experience in the space, we view ourselves as trusted extensions of your staff—not consultants armed with the pre-set, template “right” answers. We have worked in partnership with a number of cities, counties, and regional consortia and will align closely to your goals, while providing a holistic approach to designing a broadband network not only for today but also future-proofed for tomorrow’s potential use cases. Issue: Streamline Agency Delivery Since our team includes staff based in California, we understand how to manage local requirements to drive a successful project. Our team is highly experienced with pole loading analysis and knows the intricacies of local permitting to ensure make ready and execution stay on track. Solution: Permitting Expertise HR Green has extensive experience in the California market working with key local permitting agencies. Because of our municipal sector experience, our team has relationships with key public permitting agencies to smooth the process for environmental, railroad, and other required permits. Success Factor: A Proven Municipal Partner We understand your challenges because our staff has walked in your shoes. Whether as City Engineers, Public Works Directors or by leading the implementation of Fiber projects for electric utilities, our team has been assembled to keep your interests in mind and to navigate often-complex challenges associated with fiber deployment projects. Item 1J-109 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 3 Issue: Keep Palm Desert in Charge In many cases, the study of broadband deployments requires a fluid solution, capable of rapidly evaluating numerous models in a rapidly changing environment as various political, financial, and situational realities become evident. Solution: Powerful Technical Prototyping HR Green has developed a GIS toolkit that enables us to rapidly prototype potential fiber deployment zones in order to respond to the often-fluid considerations entailed in a broadband feasibility study. These tools are used to rapidly create fluid cost models that can be leveraged to compare deployment options with their costs and potential revenue near real time. Some consultants provide you with just the outcomes – HR Green provides you with that data, as well as the tools to evaluate your options. We share openly with our clients because of our commitment to providing the best modeling, planning and communication tools to help your study be the most useful and effective possible. Our experience has shown us that these are the most compatible in the municipal broadband industry. Solution: Open and Shared Data Because we aspire to be a trusted advisor, we provide direct access to our toolset, including GIS and financial planning spreadsheets. Our modeling spreadsheets are based on Palm Desert’s information and assumptions that we provide you with so that you can understand them, and we can examine different scenarios and options. This ensures that you, our client, have access to not only the results but also the assumptions that are so crucial to the outputs of any feasibility process. Success Factors: HR Green’s Approach, Experience, and Tools Our depth of experience, proven approach, and good relationship with our clients is the reason for our success as a company, and why we are confident we will successfully complete this broadband project. Item 1J-110 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 4 SCOPE OF SERVICES Below is an outline of HR Green’s various phases of work and tasks associated with Palm Desert’s Broadband Feasibility and Master Plan Study. Phase I - Vision Task 1 – Kickoff Meeting We feel it is important to have a project kickoff meeting. In that meeting, we will facilitate important discussions. Examples of those discussions are: 1. Information exchange (or the path for that) 2. Contacts 3. Milestones – definitions and timelines 4. Who will be involved in each discussion/review and the path of information/coordination 5. Data and information request DELIVERABLES Prior to the kickoff meeting, an agenda will be developed and delivered . Prior to the kickoff meeting, a project schedule will be developed and delivered, and it will also be discussed during the meeting. Prior to the kickoff meeting, a data and information request will be developed and delivered, and it will also be discussed during the meeting. After the kickoff meeting, the meeting minutes will be distributed. Task 2 – Stakeholder Engagement Because our team routinely works closely with public agencies, we are keenly aware of the importance of creating alignment in key stakeholder groups. We will work with the City to identify the key stakeholders. One -on-one and peer meetings with policy makers, anchor institutions, and key influencers will drive visibility into community goals, setting the stage for future success. One of the key objectives of this stakeholder engagement will be to identify how best to position and futur e-proof Palm Desert to maximize economic development, including retaining current businesses and attracting new businesses. Our team will conduct stakeholder meetings to explore the impacts of the community’s current and potential future broadband services on economic development. Potential individuals or groups to be considered could consist of the following examples: City staff Caltrans CVAG, CVEP, and similar organizations Desert Sands Unified School District and their existing/planned infrastructure Private and Public Charter Schools Item 1J-111 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 5 Higher education institutions including College of the Desert; California State University, San Bernardino; and University of California, Riverside Business community and nonprofit organizations including impacts on home-based businesses and workforce attraction, including Palm Desert Chamber of Commerce, El Paseo Business Improvement District, and Coachella Valley Economic Partnership Healthcare providers Palm Desert Library Senior resources Public safety organizations including the Riverside County Fire Department and the Palm Desert Police Department From a regional planning/infrastructure engagement perspective, HR Green is actively involved in the planning and execution of large scale, regional infrastructure programs. This outreach is crucial for the development of accurate costs on a project of this scale, as alignment with regional projects can offer significant cost savings by creating opportunities to collocate the deployment of fiber and broadband infrastructure alongside planned projects. In addition to these meetings, our team will begin to meet with Internet Service Providers. These meetings would focus on involving them in the process, building relationships and discussing infrastructure and backhaul options. DELIVERABLES Virtually attend one-on-one and peer meetings with the various stakeholders or stakeholder groups and develop summary reports on qualitative information provided pertinent to the overall objective that will be included in the plan. Task 3 – Resident and Business Survey HR Green team members will coordinate with the City staff to develop and implement a community engagement program that includes residents and business owners. Surveys of residents and business owners will help your decision makers better understand community needs. In key economic areas, such as along El Paseo, we will incorporate questions around incorporating public Wi-Fi, EV charging stations, smart streetlights/poles, and other opportunities to make these business districts to be a point of destination and retai n consumers in these areas for a longer period of time. Outreach Plan Our outreach plan includes the delivery of surveys for residents and businesses to determine the community’s desire for broadband service; current market conditions and deficiencies, pre dicted take rate and optimum monthly cost users would be willing to pay for the service; stakeholder needs and what role the government should take in providing the service. Item 1J-112 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 6 Constituent Survey The survey will include a detailed list of questions to capture the data needed. Surveys will be emailed to citizens and local businesses as well as be accessible via a link to your website. The survey will request information about phone, television, and Internet services: which provider is used; at what costs ; what they like and dislike today or would wish in the future; and even a bit about what they do with Internet services. We will ask questions about the composition of their household, do they have children; do they work at home, solely or occasionally and the age of the respondent. We will also ask what is important to them personally, what do they value about communications services and what is important to the community and, most importantly, what they think the City should do. If business districts offered free public Wi-Fi, would that encourage you to stay and shop longer? DELIVERABLES Survey development and deployment Key findings for satisfaction, demand, price sensitivity, and overall interest Task 4 – Market Assessment The broadband coverage available has changed from something nice to have, to becoming incredibly important. Education, working from home, Economic Development, keeping youth in the area, telemedicine, etc. all need good connectivity. Competitive analysis of the availabi lity of coverage is challenging due to the fluidity of market pricing, products offered and differences in the various sectors that need to be understood. We begin the task of understanding coverage with a Market Assessment. This is an analysis of industry data that shows what providers report their coverage to be. This data is known to be flawed for several reasons, but it is important for two reasons: Provide a baseline of data from which to work. This data is used for many federal and state grants. If it is incorrect, it is important to correct it. To begin this analysis, service offerings of each primary provider in Palm Desert will be examined, cataloged, and compared with a few other areas of similar size. This is industry-reported data may not be accurate. Therefore, a second step to verify this data can be focused feedback. We discuss options for that in the previous task. These can shed light on the actual practice of providers and, more importantly, on pricing and satisfaction, as well as determining what needs are in demand and are not supplied by the marketplace. DELIVERABLES Summary of providers and current offerings Item 1J-113 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 7 Task 5 – Asset Inventory Task 5.1 – Document Existing Assets & Architecture The network architecture is the basis for network design and engineering. HR Green team members will evaluate your existing fiber-optic network and its architecture in order to understand your capability and how best to leverage this asset in the extension to the rest of the City. This evaluation will reflect existing conduit, fiber-optic, vaults, and boxes and related outside plant infrastructure. It will also reflect capacity and usability, as well as the existing electronics and communication equipment and their appropriateness to serve the extended network. Task 5.2 - Implement a GIS-Based Mapping Tool As mentioned earlier in the Project Understanding section, HR Green has robust internal GIS services. Because of the depth GIS use, we have developed tools that are an important part of our broadband feasibility and analysis. Not only do they show current information, but the tools that we developed also provide project costing information and, thus, the ability to do near-real-time “what if” modeling, a key for fluid evaluations like this one. Many consultants will provide you with a static map. We believe it is important for you to have real-time, GIS-based information. Our tools will help you better understand what you are seeing; give you the ability to explore various models; and retain the information for future phases. DELIVERABLES Technical Architecture Memorandum Creation of GIS database to support network planning Task 6 – Establish Community Broadband Vision HR Green staff will help to confirm a Vision of the future for planned Fiber and Commercial Broadband deployments throughout the City. Agencies considering broadband deployments typically share common objectives when considering an investment in a broadband network. In our experience , most communities have some or all the following goals: Ubiquity Ownership and Control of Assets Affordability Performance Consumer Choice Risk Aversion Competition in the Market Positive Cash Flow In many cases, decisions on these factors can and will drive the selection of the preferred ownership and operating structures. Choosing which goals and objectives can be complementary, while others lie in strict opposition. Our work will surface these competing objectives and provide the staff with a sound foot ing upon which to make recommendations to the Council on a path on which to base its future decisions. Item 1J-114 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 8 DELIVERABLES Facilitate two (2) working sessions to assess competing values and establish a range of preferred models Create a Palm Desert Broadband Vision document in a format that can be updated by the City. The Broadband Vision document should accompany the other deliverable documents in an appropriate form that the City can make available to the general public. Phase II - Planning Task 1– Preliminary Design and Cost Estimate Task 1.1 - Preliminary Network Design With a clear understanding of gaps in broadband coverage, the next step is to complete a High -Level Design HLD) that can be used for costing (and possible future detail design), there are some next steps that we need to take: Checking for any higher cost issues (special crossings, rural areas, etc.). Options for aerial, buried or other technology. This is a topic that is often overlooked in HLD and can cause real problems later. One of our team members was asked to review a project after another consultant had neglected checking on aerial poles, to find out well into final design that some aerial poles would be necessary, but the poles were not available. The project then became unfeasible and was abandoned. This is not always 100% foreseeable, but as much as possible, it is important to try to find out. Meshing these options with the City’s assets (or other assets). There are different technologies that might be used in different capacities either on an interim basis or even longer term. Discussing Software Defined Networking (SDN) and Network Function Virtualization (NFV). This will likely be based off current networks, but we will want to see if there are any allowances for this that we should make. Fiber Management System – same as SDN/NFV – if the City builds and owns any broadband infrastructure, this can be an important topic. The design will leverage GIS-based tools that identify physical locations of all customer locations and other termination points. Conceptual Design Drawing on field and desk surveys and your GIS maps, our engineers will prepare a system level design and cost estimate for developing a next generation network. In developing this approach, our focus will be on creating a robust, reliable, and cost-effective approach to meeting your networking needs. To that end, for example, the design will include excess dark fiber designed to enable the implementation of smart parking and smart lighting solutions across the community. To be clear, we will not be providing a blueprint -level network design. Item 1J-115 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 9 Rather, we will provide an analysis of existing infrastructure, conceptual design, of high-level maps and routing, candidate specifications and a system-level overview of the potential infrastructure— which in turn will become a roadmap for financial analysis and business modeling, and for future decisions (potentially including detailed engineering, construction, and operations). DELIVERABLES GIS Map of High-Level Design Report of Network Design Task 1.2 - Network Cost Estimate Upon confirmation of the preliminary design, a meeting will be held with City staff to review our team’s findings and projected deployment costs. Cost Estimate HR Green’s team will prepare a cost estimate and supporting documentation for network deployment and interconnection, inclusive of anticipated construction labor, materials, engineering, permitting, quality control and testing. Estimates will be provided in the form of a cost range, with the lower-end estimates representing most likely costs, and the higher end representing budgetary estimates with suitable contingencies included. Data Sharing Importantly, and unlike some feasibility study vendors, HR Green will share all supporting data, spreadsheets, and assumptions with City officials. A written narrative will explain key construction characteristics that will impact the cost estimates. The analysis will provide guidance regarding ongoing costs, including medium and long-term needs to refresh and replace equipment and potential revenue sources to support network operations. As mentioned above, we will leverage GIS mapping and design tools. These can be utilized for current and future uses. For example, if the City does decide to build a network, this HLD can be used for the field survey of the detail design. Field survey is a required step in detail design and our GIS tools can eliminate having to create a field survey map. If the City decides to work with partners, this GIS information can be used for those negotiations. DELIVERABLES Cost estimate and supporting documentation for network deployment and interconnection Analysis and report of proposed infrastructure Item 1J-116 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 10 Task 2 - Conduct Financial Analysis HR Green will develop pro forma data for a potential network based on your preferred Vision for services. These financial analyses will be based on the recommended system-level design and related cost estimate. This high- level financial model for proposed network construction will include a range of likely costs including financing, operations, and maintenance. Our analysis will outline operational attributes and processes including policies, staffing levels, maintenance agreements and other considerations. We will pay particular attention to back-office and other operating requirements, as well as working capital projections. We will discuss a strategy for network maintenance and management based on best practices. The model will include an overall analysis of viable potential services and will provide the following: Sensitivities Of Key Assumptions Customer Segmentation Operating Costs Tiered Revenue Structure Market Penetration System Construction Pricing Staffing Levels Base Best- and Worst-Case Scenario Pro Forma Operating income and cash flow Debt Service-Analysis Subscriber revenue by service Subscriber revenue by customer/customer class Operating expenses Reserve fund requirements Net present value analysis Depreciation Summary Uses and sources of funds Return on Investment (ROI) Operational savings Project construction costs for network, hardware, buildings, and other equipment All assumptions and price sensitivities will be clearly stated and justified. The financial model will provide you with order-of-magnitude estimates of the overall project cost and will support the implementation roadmap by providing inputs for potential business models, financing options, and partnering opportunities. In addition to the narrative report, they will provide a detailed Excel workbook that includes all underlying data and assumptions and can be manipulated to illustrate the impact of changing costs or revenue on the network’s potential income statement. Item 1J-117 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 11 This is crucial as some vendors will provide you only with summary data, leaving you with nothing upon which you can build in the future. DELIVERABLES Financial analysis, Pro Forma and Excel Workbook Task 3 - Financing - Evaluate Funding Alternatives To find appropriate funding sources, our approach will include the evaluation of options for fund development. We will evaluate sources of funds which may be explored including direct financing such as General Obligation Bonds, Revenue Bonds (assuming you wish to pursue an Enterprise), Bank Debt and Private Fi nancing. Further, the ability to leverage federal, state, and regional grants and programs can provide substantial benefits when economic feasibility is being studied. Our team will help you evaluate federal and state programs that fund community networks and allow you to piggyback on these programs to offset the cost of buildout. Programs at both levels will be explored and should be included as you look to minimize the physical spend required to build your community network. DELIVERABLES Source of funds matrix for relevant programs Task 4 - Smart Application Technology Plan HR Green will review the current technology base and provide recommendations on how the City working with its developers can increase access to information and services for all citizens. As part of this task, we will coordinate with the City and development team to prioritize incentivizing various types of infrastructure and space uses that could be most impactful. This will include a cost-benefit assessment of various infrastructure and smart application options, and we envision exploring in more depth the prioritized list of Smart Community technologies identified. We envision that this will likely include exploring more than 100 “smart applications” such as: Gigabit-speed Wi-Fi and “True 5G” (millimeter wave) mesh transmitters integrated into existing or proposed fiber optic backbones (incorporating aesthetics, health, and monitored, safe RF levels). Imaginative, variable Smart Lighting which senses pedestrian movements, automatically brightens, and dims and can be centrally controlled and managed to enhance the visitor experience at large open-air evening events. Parametrically adaptive traffic management control would include a comprehensive pedestrian and vehicular detection system using both traditional and “open data” sensors – including, for example, pedestrian cell phone, Bluetooth/Wi-fi detectors to adjust pedestrian flows and even direct large groups, for example to locations where queues are short during events. Variations in energy and water consumption can help “predict” the future and adjust energy management and irrigation control systems through advanced metering infrastructure (AMI) of utilities. Microgrids: a sample renewable energy system – perhaps solar panels, or wind-powered devices could be employed, exploring possibly interconnecting energy management systems to share energy during peak periods and manage demand. An integrated area-wide audio and video system(s) integrated with the streetlights and landscaping with the ability to control each speaker separately from the others or in groups. Item 1J-118 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 12 Smart Parking: Vacant parking space detectors integrated with surface parking kiosks and variable message signage to inform the public of the availability and location of parking in the garage(s). Rain gardens that use sensors to enhance stormwater quality, quantity, infiltration and if desired, temperatures. DELIVERABLES Description and visualizations of the specific modifications to infrastructure Cost-benefit matrix of types of Infrastructure A list of prioritized pilot projects and associated costs Source and use of funds matrix Task 5 - Complete Broadband Feasibility and Master Plan Study HR Green’s analysis and discussions will culminate in the preparation of a broadband strategy that creates the greatest opportunity and value to implement a network that is capable of meeting current and long -term community needs. The strategic plan will include recommended approaches to broadband implementation. DELIVERABLES Executive Summary Complete Report including sections with deliverables from prior tasks Prioritized recommendations, implementation roadmap Development of presentation materials (PowerPoint) for meeting Onsite or virtual presentation of findings to Staff and Council. As discussed, all maps and analysis will be conveyed in a mutually agreed format such as Excel, Word, PowerPoint, and GIS Shapefiles, etc. Optional Future Phase Support for Palm Desert If Palm Desert decides to have an operational, citywide Middle-Mile (backbone) network in the near future. Current conditions in the marketplace, including (in our opinion) distressingly long lead times for key supplies such as fiber optic cable, will make completion of your network difficult without a partner who can assist throughout the entire project lifecycle. One of the key advantages of HR Green’s proposed service is the ability of our firm to seamlessly integrate – with proven experience – as an ongoing partner for the City through the entire project. While not in the scope of services for Phases I and II, the following information is intended to provide you with an understanding of how our approach will help you work thr ough not only the Vision and Planning efforts in Phases I and II, but also move quickly and without delay into the design, contractor selection, and construction administration services envisioned in Phases III and IV of the project. Item 1J-119 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 13 Phase III - Detailed Engineering Phase Field Survey The HR Green field survey team will follow the established standards and project design requirements for the project. Because our intent is to optimize the network and reduce the overall cost, the field engineering must ensure that all possible routing alternatives are documented. The final fiber network design can only be optimized by analyzing all possible connectivity routes, the location of all service points and existing infrastructure. OSP Network Design As a contiguous area is surveyed and posted, the actual fiber network is designed. Once Fielding is completed, the design of the planned network Low-Level Design(s) (LLD) necessary to create associated construction and permitting plan sets will be completed. Create Permits All permits will be tracked in the GIS database with map-based visual status reports so that any non-technical person researching a particular portion of the route can determine the status and pending issues that may prevent construction from occurring, without sifting through large rights-of-way and permits from the various agencies. Contractor Selection and RFP Support HR Green will assist the City in creating the required documentation to select and manage the chosen contractor. The RFP will include a comprehensive construction specification manual, a complete design document set with permits, and a comprehensive bill of materia l. Our team can act as the City’s representative and support bid letting, pre-bid conferences that may occur, and assist in formatting timely response to questions that may arise. Furthermore, our team can provide its professional opinion upon review of the various responses and formulate recommendations of choice. Engage with Potential Public Private Partnerships The Community may be interested in the creation of strategic partnerships with potential private sector partners to create a Public-Private Partnership to provide last-mile service to the community’s residents and businesses. HR Green will work with the community to create an open, competitive process to identify, negotiate and select a partner who best meets the needs of the community. Phase IV - Detailed Construction Phase Construction Phase Services Our Construction Management team will work as an owner’s representative to ensure that the construction meets the engineered specifications of the project. Field inspectors will act as a liaison between the contractor and design engineers to minimize impacts on the construction timeline. Services included in the Construction Management Phase include, but are not limited to: Item 1J-120 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 14 Contract Administration HR Green will act as an extension of the City and drive the project forward. We will attend and facilitate kickoff meetings and facilitate regular project status calls with the contractor. Our team will review and approve project timelines for engineering and construction prepared by the contractor. We understand the importance of maintaining the project schedule and understand timely delivery of our project is critical to the communities we serve. The Construction Management team will work diligently with the contr actor to continuously analyze the project’s progress versus the approved project schedule. The team will monitor the project to address unexpected challenges and recommend innovative solutions to keep a project progressing. In addition, proposals received from the contractor requesting to modify the contract documents are thoroughly vetted to evaluate the overall cost implications and design benefit s stated in the proposal. HR Green will proactively anticipate the need for extra work and/or change orders and recommend approval of the work prior to the work being performed. All change orders and extra work orders will be tracked and logged so an accurate accounting and current budget of the project is always available. Our firm is committed to responsive project budget management to protect the community’s financial investment. We employ a proactive budget approach by identifying and vetting potential cost overruns in advance to create the most cost-effective solution for the community. Throughout the project, our team meticulously tracks the project quantities to pro-actively generate change orders/extra work orders as needed to balance contract quantities, providing an accurate project value. HR Green understands the importance of an efficient project closeout and knows that the closeout process starts at the commencement of the project by properly setting up the project records and maintaining the records throughout the project. Having organized, detailed project records will greatly assist written agreement of final quantities with the contractor and the generation of the Final Pay Estimate. All calculations, measurements, and final contract documents related to the project will be indexed, boxed, and archived. Project Inspection/Coordination Prior to construction, HR Green will attend the pre-construction conference held by the City along with additional project stakeholders. As part of this meeting, we anticipate the following items will be discussed: the overall project schedule milestones, working restrictions and/or locations, emergency closure guidelines, material requirements, sediment and erosion requirements, coordination efforts with affected parties, etc. We recognize the importance of maintaining detailed and accurate project records. While paper re cords can be used, we would like to suggest the creation of a Project Portal for use by the City, HR Green personnel, and the Contractor’s staff. This one-stop source of information will provide everyone with visual dashboards that demonstrate project progress at a macro level, while allowing for the creation of geo-referenced data and attached visual documentation real-time. HR Green staff will be onsite to observe and verify that items are being constructed and materials being utilized are in general conformance with the approved plans and specifications. Staff will complete reports including documentation of materials installed, location of work performed, and completion of daily diary entries. We will verify that all materials incorporated into this project are approved and evidence of material inspection complies with contract documents. Finally, we will keep the owner informed as to the progress of construction and shall endeavor to guard the City against deficiencies in work. Item 1J-121 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 15 PROJECT TIMELINE AND PRICING Proposed Project Timeline Task Description of Task Project Start Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Phase I - Vision 1 Kickoff Meeting 2 Stakeholder Engagement 3 Resident and Business Survey 4 Market Assessment 5 Asset Inventory 6 Establish Community Broadband Vision Phase II - Planning 1 Preliminary Design & Cost Estimate 2 Conduct Financial Analysis 3 Evaluate Funding Alternatives 4 Smart City Technology Plan 5 Complete Broadband Feasibility & Master Plan Study Item 1J-122 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 16 Proposed Project Pricing Task Description of Task Labor Task Total Phase I - Vision 1 Kickoff Meeting $3,480.00 2 Stakeholder Engagement $19,140.00 3 Resident And Business Survey $16,280.00 4 Market Assessment $9,840.00 5 Asset Inventory $11,985.00 6 Establish Community Broadband Vision $6,950.00 Phase II - Planning 1 Preliminary Design & Cost Estimate $14,375.00 2 Conduct Financial Analysis $5,870.00 3 Evaluate Funding Alternatives $6,400.00 4 Smart City Technology Plan $15,100.00 5 Complete Broadband Feasibility and Master Plan Study $7,080.00 Travel Expense $5,000.00 TOTAL COST $121,500.00 Item 1J-123 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 17 STAFF EXPERIENCE Our organizational structure is shown below with biosketch resumes following. KEN PRICE, CGCIO, CCM I Project Manager Education I Certification Master of Science, Computer Information Systems I Bachelor of Science, Computer Information Systems I Certified Government Chief Information Officer I Certified Change Manager Ken brings 20+ years expertise in planning and implementing both short-term and long-term strategies, work plans, budgets, and projects that provide for the planned, orderly, business justified, and cost - effective development, installation and operation of digital systems including information technology, Geographic Information Systems (GIS), networks, and telecommunications technologies. Ken coordinated broadband studies, feasibility studies, and master plans for the Town of Snowmass Village and the City of Woodland Park in Colorado. He also was a task leader for similar projects for City of Pico Rivera in California and the Town of Bayfield in Colorado. Additionally, Ken has worked on small cell initiatives for several agencies, including Malibu, Beverly Hills, Pasadena, Redlands, Pico Rivera, Jurupa Valley, Laguna Beach ; nearly 10 Colorado cities; and various cities in Iowa, Illinois, and Texas. This has included developing small cell/5G design standards and providing reviews. He also served as the Information Services Director in charge of the Littleton, Colorado Small Cell Program. This included working with Community Development, Public Works, the City Attorney’s Office, and multiple cellphone service providers to cr eate a Small Cell Program Master License Agreement (MLA) for each provider, and a comprehensive documented / streamlined drawing approval process to provide small cells within Littleton. Ken developed and led the ongoing implementation of the organization’s fiber-optic master plan and Smart City strategy. Item 1J-124 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 18 TIM JONASSON, PE I Municipal Services Manager Education I Registration Masters, Business Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #45843 A long-time Coachella Valley resident, Tim has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience for municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. Tim has been a two-time President of APWA’s Coachella Valley Chapter, worked extensively with CVAG and the cities of the Coachella Valley to drive regional collaboration, and recently served as a speaker on Smart City solutions to the APWA Coachella Valley Chapter. He formerly chaired the CVAG’s valley-wide signal synchronization subcommittee while advocating for expanded uses, including high speed broadband, that a fiber optic signal interconnect system could ultimately support. Tim served as Palm Desert’s Interim Public Works Director managing the day-to-day departmental operations, which included land development projects and facilitating the implementation of TRAKiT. As La Quinta’s Public Works Director/City Engineer over a 15-year period, he served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape mai ntenance. This included implementing TRAKiT for plan/map review services. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District, which supply water/sewer and power to the City, respectively. For Cathedral City, he manages the City’s CIP program. For Jurupa Valley he served as Senior Manager working closely with the Public Works, Engineering, Planning and Building and Safety Departments to facilitate the delivery of public and private projects as well as multi-agency coordination. Moreover, he implemented the City’s Small Cell Ordinance and 5G design standards and has coordinated the City’s response to planned private-sector fiber deployments. For Pico Rivera, he has served as Assistant Project Manager for the Fiber Optic Master Plan. Finally, for Redlands, Tim has served as Project Manager to coordinate the review of small cell/5G applications for conformance with City design standards/ordinances in compliance with federal mandates. GEORGE WENTZ, PE I Principal-in-Charge Education I Registration Master, Public Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA, #43273 George has been a long-time Rancho Mirage resident. He brings 50 years of municipal management experience serving various Coachella Valley communities, and is Vice President of HR Green Pacific, Inc. George has educated cities and the industry, including the South Bay and Western Riverside County Council of Governments and national symposiums, on future proofing options to leverage emerging technologies and smart city solutions. He has worked with communities on how to respond to new legislation/mandates related to small cell/5G matters. As the contract Deputy City Manager for the City of Jurupa Valley, George has facilitated citywide fiber deployment and telecommunications asset management, overhead fiber/telecommunications relocation, and implemented small cell/5G design standards and aesthetic guidelines . He is also the Principal in Charge for our telecommunications facilities consulting services in the Cities of Palos Verdes Estates, Malibu, Beverly Hills, Pasadena, and Redlands. George has presented numerous seminars/workshops related to broadband/smart cell deployment and is co-author of “Playing defense when 5G goes on the offensive” recently published in the APWA Reporter. He is also a member of the APWA International Affairs Committee, which is addressing similar matters on an international basis. Item 1J-125 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 19 DAVE ZELENOK, PE I Smart Communities Education I Registration Master of Science, Engineering I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CO #19877 Dave brings 35+ years of municipal management and engineering experience, having served as City Engineer, Public Works Director, Transportation Director, Chief Innovation Officer, and Interim City Manager. He has played a key role in forming regional coalitions and integrating small cell strategies, fiber -optic based municipal broadband deployments, ITS, traffic, streetlights, communication systems and broadband to reduce congestion, enhance mobility, generate sustainable revenue streams, and improve operational efficiency. He has been involved on 30+ smart city, broadband, fiber assessment, and small cell deployment projects for cities, counties, and special districts throughout the western United States. Dave is a sought -after industry thought leader and presenter at regional, national, and international symposiums on the latest smart city trends and approaches. He focuses extensively on public policy development, implementation, and repurposing existing infrastructure assets for smart city deployment. BEN LEWIS-RAMIREZ I Network Design Education I Registration Bachelor of Arts, Latin American Studies Ben is passionate about bridging the digital divide in under -served communities. He has over 15 years of executive management experience in the outside plant engineering and construction industries, with a focus in business development and strategic planning for the past five years. Ben is a vocal advocate for the open application business model, and has published numerous magazine articles and blog posts on the subject, in addition to speaking about it at conferences and other events around the country. Ben brings creative problem solving and an entrepreneurial mindset to his work, from co-founding a consultancy and ISP called Lit Communities, to becoming an ISA Certified Arborist to create, implement, and manage tree survey programs for large scale FTTX builds in both Google Fiber and AT&T markets. Ben has worked with some of the best companies and people in the OSP industry in a variety of capacities, from field work to design engineering, and overall project management. This experience has given him a holistic and comprehensive understanding of wide area network and FTTX deployments. Ben has served as a Program and Project Manager for counties, cities, and school districts associated with broadband market assessments, business plans, strategic plans, and master plans, responsible for plan development, constructability analysis, and stakehold er engagement. Item 1J-126 CITY OF PALM DESERT – Broadband Feasibility and Master Plan Study Page | 20 SAM BEEVER, PE I Engineering Education I Registration Master of Science, Civil Engineering I Bachelor of Science, Civil Engineering I Professional Engineer, KS #26998 Sam is a motivated Project Manager skilled in developing cost-effective solutions, complex technical problem solving, identifying/delivering increased efficiencies reducing costs and increasing on time deliveries, collaborating with clients, and researching industry standards to ensure consistent delivery of quality products. His experience includes outside plant, inside plant, fiber to the home, small cel l, switched ethernet, traffic control, shelter/generator installation/design, review of geotechnical and structural reports, and large team coordination. Samuel has experience using Microsoft tools (Excel, Word, PowerPoint, Visio, etc.), ArcGIS, AramisDT, AutoCAD, Google Earth Pro, and Bluebeam Revu. Throughout the country, Sam has served as a Project Manager for the creation of creation of area specific High-Level Designs (HLD), Mid-Level Designs (MLD) and Low-Level Designs (LLD) necessary to create associated construction and permitting plan sets in order to construct a fiber to the home network in the aerial and underground environment. IRENA STEVENS I Vision and Planning Education PhD, Interdisciplinary Telecommunications Program (in progress) I Master of Science, Interdisciplinary Telecommunications Program I Master of Science, Telecommunications Policy I Bachelor of Science, Political Science I Bachelor of Science, History Irena brings more than 10 years of experience with vision, planning, regulatory, and financial review of options to recommend broadband related policies and solution. Irena has evaluated agency goals to help develop broadband infrastructure solutions and helped develop plans to provide high-speed connectivity in cost-effective ways. She has led several public outreach campaigns to evaluate community broadband capacities, community needs, and policy options to promote equitable access and affordability of Internet service options. Irena has also Irena led efforts to assess stakeholder needs, document current infrastructure and provider options, and prepare financial models for broadband studies and master plans with cities, counties, and economic development agencies around the country. Item 1J-127 HRGREEN.COM TRANSPORTATION WATER GOVERNMENTAL SERVICES LAND DEVELOPMENT ENVIRONMENTAL CONSTRUCTION Item 1J-128 Amendment No. 2 C41690 - HR Green Final Audit Report 2022-10-19 Created: 2022-10-18 By: Michelle Nance (mnance@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAA1rOlo_wrtEc2NPJU69X_R72psslfr9fH Amendment No. 2 C41690 - HR Green" History Document created by Michelle Nance (mnance@cityofpalmdesert.org) 2022-10- 18 - 11:00:15 PM GMT Document emailed to Mariana Rios (mrios@cityofpalmdesert.org) for approval 2022-10- 18 - 11:01:24 PM GMT Email viewed by Mariana Rios (mrios@cityofpalmdesert.org) 2022-10- 18 - 11:48:01 PM GMT r Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-10-18 - 11:48:24 PM GMT - Time Source: server Document emailed to thartnett@hrgreen.com for signature 2022-10- 18 - 11:48:26 PM GMT Email viewed by thartnett@hrgreen.com 2022-10-19 - 0:20:18 AM GMT r Signer thartnett@hrgreen.com entered name at signing as Timothy J Hartnett 2022-10-19 - 0:22:57 AM GMT s= Document e-signed by Timothy J Hartnett (thartnett@hrgreen.com) Signature Date: 2022-10- 19 - 0:22: 59 AM GMT - Time Source: server Document emailed to jpoppen@hrgreen.com for signature 2022-10- 19 - 0:23:00 AM GMT Email viewed by jpoppen@hrgreen.com 2022-10- 19 - 1:15:21 AM GMT Signer jpoppen@hrgreen.com entered name at signing as Jason J. Poppen 2022-10- 19 - 1:17:18 AM GMT 0 Adobe Acrobat Sign Item 1J-129 Document e-signed by Jason J. Poppen (jpoppen@hrgreen.com) Signature Date: 2022-10- 19 - 1:17:20 AM GMT - Time Source: server Document emailed to robert.hargreaves@bbklaw.com for signature 2022-10- 19 - 1:17:22 AM GMT Email viewed by robert.hargreaves@bbklaw.com 2022-10- 19 - 2:07:25 AM GMT i=o Signer robert.hargreaves@bbklaw.com entered name at signing as Robert Hargreaves 2022-10- 19 - 3:42:53 PM GMT 4' , Document e-signed by Robert Hargreaves (robert.hargreaves@bbklaw.com) Signature Date: 2022-10- 19 - 3:42:55 PM GMT - Time Source: server Document emailed to Todd Hileman (thileman@cityofpalmdesert.org) for signature 2022-10-19 - 3:42:56 PM GMT Email viewed by Todd Hileman (thileman@cityofpalmdesert.org) 2022-10- 19 - 3:43:09 PM GMT C 6 Document e-signed by Todd Hileman (thileman@cityofpalmdesert.org) Signature Date: 2022-10- 19 - 4:18:54 PM GMT - Time Source: server Document emailed to Anthony Mejia (amejia@cityofpalmdesert.org) for signature 2022-10-19 - 4:18:56 PM GMT Email viewed by Anthony Mejia (amejia@cityofpalmdesert.org) 2022-10- 19 - 4:36:58 PM GMT o Document e-signed by Anthony Mejia (amejia@cityofpalmdesert.org) Signature Date: 2022-10- 19 - 4:37: 08 PM GMT - Time Source: server Document emailed to mrios@cityofpalmdesert.org for approval 2022-10- 19 - 4:37:10 PM GMT Email viewed by mrios@cityofpalmdesert.org 2022-10- 19 - 5:12:46 PM GMT XG. Signer mrios@cityofpalmdesert.org entered name at signing as Mariana Rios 2022-10- 19 - 5:24:27 PM GMT Document approved by Mariana Rios (mrios@cityofpalmdesert.org) Approval Date: 2022-10-19 - 5:24:29 PM GMT - Time Source: server si Agreement completed. 2022-10- 19 - 5:24:29 PM GMT 0 Adobe Acrobat Sign Item 1J-130 Item 1J-131 Item 1J-132 Item 1J-133 Item 1J-134 Item 1J-135 Item 1J-136 Item 1J-137 Item 1J-138 Item 1J-139 Item 1J-140 Item 1J-141 Contract No. C41690 Page 1 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC. 1. Parties and Date. This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 13th day of April, 2023, by and between the City of Palm Desert (“City”) and HR Green Pacific, Inc., a corporation with its principal place of business at 1260 Corona Pointe Court, S 305, Corona, CA 92879 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services 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 include additional Engineering Services for Engineering Design Reference Manual and Standards, for a not-to-exceed amount of $128,900. The Parties have heretofore entered into Amendment Numbers (#1) dated June 14, 2022, (#2) October 13, 2022, and (#3) February 16, 2023, respectively. 2.3 Amendment Authority. This Amendment No. 4 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 to read as follows: Original Agreement, Amendments No. 1, 2, and 3 with their respective Exhibits, now with Amendment No. 4 Exhibit “A” attached hereto and incorporated herein by reference. Additional Engineering Services for Engineering Design Reference Manual and Standards 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4. 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. 4. 3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Item 1J-142 Contract No. C41690 Page 2 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 3.5 Counterparts. This Amendment No. 4 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 1J-143 Contract No. C41690 Page 3 of 3 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND HR GREEN PACIFIC, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 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, INC. By: Its: Vice President Printed Name: Timothy J. Hartnett By: Its: Secretary Printed Name: Jason Poppen QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1J-144 44651 Village Court | Suite 123 Palm Desert, CA 92260 Main 760.250.6722+ Fax 713.965.0044 HRGREEN.COM March 13, 2023 Martin Alvarez l Director of Public Works City of Palm Desert 73-510 Fred Waring Drive I Palm Desert, CA 92260-2578 email to: malvarez@cityofpalmdesert.org Subject: Professional Engineering Services for Engineering Design Reference Manual and Standards Dear Martin, HR Green Pacific, Inc. (HR Green) will provide an experienced team to develop an Engineering Design Reference Manual and Standard Plans to facilitate consistent, high quality private development and capital projects for Palm Desert. The intent is to update and organize existing standards, review best practices of other Coachella Valley agencies to develop new standards as needed to provide developer’s engineers and design consultants a singular location for engineering design guidance for infrastructure projects in the City. This requires an engineering team familiar with desert development projects, local utility requirements as well as a familiarity with the requirements of the Coachella Valley Association of Governments (CVAG), Riverside County Flood Control, Caltrans, Air Quality Management District of Southern California, and other agencies that govern local development. HR Green’s team has years of local private development review and capital project design experience that will provide Palm Desert with a comprehensive document and set of updated standards that will meet the City’s needs for years to come. Our Project Manager, Tim Jonasson, PE, led a very similar effort for La Quinta that led to the Developer’s Engineers Handbook the City current uses today. PROPOSED PROJECT SCOPE OF SERVICES / APPROACH Creating the City’s first Engineering Design Reference Manual will require considerable collaboration between policy makers, city staff, local developers and their engineers and other stakeholders in the design and construction of infrastructure for Palm Desert. HR Green’s approach will be to provide technical and practical experience and facilitation skills to assist the City in developing policies and standards based on state and federal requirements (Caltrans, American Public Works Association, Greenbook, etc.) as well as local best practices that meet the City’s operational, aesthetic and service level needs. More specifically HR Green’s services will include: 1. Reviewing existing standard landscaping and irrigation details (approximately 27) and infrastructure details for signs, pavement, driveways, and signals (approximately 43) and converting to current city title block for approval by the City. 2. Conducting interviews with project management and inspection staff and comparing existing standard plans with other agencies to develop 20 to 30 new standards to facilitate design of future projects. 3. Conducting interviews with engineering and planning staff responsible for entitlement processing and development project review to develop flow charts, checklists, and standard operating procedures for major and minor development projects. Comparing General Plan and recent major specific plan cross sections and infrastructure standards for consistency with current Public Works standards and recommending any changes needed for consistency between the two departments. EXHIBIT "A" Item 1J-145 Martin Alvarez Page 2 of 8 March 13, 2023 4. Conducting interviews with local developers, planning and engineering firms to gain insight to sources of what is working and what is not working in the City’s entitlement and permit review process for development projects. Conducting similar reviews for design consultants who regularly provided capital project design services for the City. This should yield the customer’s perspective for these services. 5. Preparing draft Engineering Design Manual for review by City staff before formal presentation to stakeholder groups, Planning Commission and City Council (if desired). Incorporating appropriate comments into the final draft before submission to the Public Works Director along with final standard details for approval. 6. Holding developer engineer’s meeting to review final Design Reference Manual and Standards with the development community. STAFF EXPERIENCE HR Green’s key personnel provide a combination of local knowledge, successful track record, and technical thought leadership to proactively meet and/or exceed your needs. TIM JONASSON, PE I Project Manager Education I Registration Masters, Business Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #45843 A long-time Coachella Valley resident, Tim has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience for municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures. He has served as construction manager and design engineer on a variety of municipal improvement projects including bridge construction, street and landscape improvements, water and wastewater improvements, parks construction and rehabilitation, golf course improvements and pier reconstruction. In 2018, Tim served as Palm Desert’s Interim Public Works Director managing the day-to-day departmental operations including overseeing private development and capital projects. As La Quinta’s Public Works Director/City Engineer over a 15-year period, he served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project. Provided project management for the SilverRock Resort, the City’s largest redevelopment project, a $100 million investment including an Arnold Palmer designed golf course, which opened in 2005, and continuing with private luxury hotels, residential and commercial retail components for completion by 2024. Oversaw the development to the City of La Quinta’s Development Engineering Handbook (DEH) providing guidance on a variety of development project types, establishing minimum design standards as well as engineering policies to assist developers through the City’s entitlement, plan check, permitting and construction inspection processes. Item 1J-146 Martin Alvarez Page 3 of 8 March 13, 2023 CHASE KEYS, PE I Sr. Project Engineer, Design Lead Education I Registration Bachelor of Science, Civil Engineering I Professional Engineer, CA #90593 Chase brings more than 10 years of comprehensive experience in CIP Project/Program Management, design management, plan review, and construction management experience of municipal public improvement projects. His experience includes a multi-faceted involvement with Engineering and Public Works Departments as well as NPDES compliance operations. Types of projects include roads, drainage, water, sewer, traffic, and parking lots. Chase has prepared grant applications for federal, state, and regional funding and processed paperwork through departments of transportation and regional transportation agencies for those grant funded projects. Moreover, he has served as resident engineer/construction manager for complex construction projects. In a staff augmentation role, he has served as CIP Program Manager for 5+ cities to help deliver a broad array of CIP projects. CAROLINA FERNANDEZ, EIT I Associate Engineer | Land Development Policies Lead Education I Registration Bachelor of Science, Civil Engineering I Engineer-in-Training, CA Carolina brings diverse engineering and building and safety support services to public agencies. Carolina is bi-lingual (Spanish / English). She has served as an Office Engineer for the Cities of Hemet, Palos Verdes Estates, Beaumont, Palm Desert, Moreno Valley, and Jurupa Valley. In this role, she has been responsible for project review coordination, land development planning/entitlement review and project processing, engineering permit review and coordination, consultant and multi-agency coordination, field construction coordination, civil plan review, Engineering and Public Works counter support, special districts formations, and drafting of street improvements. She has managed the development review process through the engineering life cycle. This has involved performing the review of applications, coordinating with future developers, and drafting the conditions of approval for the Engineering/Public Works Department. Carolina supervised the land development daily activities, such as overall project requirements, conditions of approval, and mitigation measures. Carolina has coordinated with inspectors for work performed and assessed field modifications. She has also reviewed encroachment permits, approved and released bonds, reviewed survey application reviews, and coordinated with other public agencies present and future City work/projects, including cooperative agreements. Item 1J-147 Martin Alvarez Page 4 of 8 March 13, 2023 STEVE LORISO, PE, QSD/QSP I Assistant Project Manager I QA/QC Education I Registration Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #64701 I Qualified SWPPP Developer/Practitioner (QSD/QSP), CA #00503 Steve has more than 25 years of design, CIP program management, design management, plan review, NPDES/water quality compliance, and construction management experience of municipal public improvement projects. Types of projects include roads, drainage, water, sewer, traffic, grading, and parking lots. Steve has managed the implementation of the Municipal Separate Storm Sewer System (MS4) Permit for various municipalities; performed review of compliance documents for private and public developments and acted as the owner's representative and liaison between design teams and general contractors on facility and infrastructure construction projects. SCOPE OF WORK Task 1 – Refresh Existing Standard Details & Review Standard Specifications Meet with City staff and stakeholders to evaluate current standard plans, general plan notes, standard and supplemental specifications and details and recommend any necessary changes to comply with regulatory requirements. Update title block for City approval. Assume no more two rounds of City comments. Deliverables Task 2- Create New Standard Details to Complete City Standard Drawing Files Based on interview conducted during Task 1 create up to 30 new standard details to clarify design requirements filling gaps from review of existing standard details. Combine with work product from Task 1 to provide up to 100 standard drawing files on current City title block for City approval. Assume no more two rounds of City comments. Deliverables Revised 27 landscape and 43 standard engineering details (70 total) in AutoCAD dwg file format. 30 new standard engineering details in AutoCAD dwg file format for a total of 100 standard details. Item 1J-148 Martin Alvarez Page 5 of 8 March 13, 2023 Task 3 – Review and Revise Current Land Development Engineering Policies and Procedures Meet with City staff and stakeholders to review current land development policies and procedure, recommend improvements and new policies (up to 22) as necessary to improve land development procedures. Incorporate draft revised and new policies and procedures into Developer Engineers Design Manual including the following: Land Development Plan Check Application Checklist for Development Plan Map Check Submittal Checklist for Grading Plan Submittal Fees - Commercial, Industrial, Multi-Family Projects Fees - Single Family Grading Fees - Subdivision Improvement Letter of Certification Pad and Form Certification PM10 Packet - Greater Than 10 Acres PM10 Packet - Less Than 10 Acres Standard Improvement Agreement Subdivision Improvement Agreement Survey Control Network WQMP Agreement for Operations and Maintenance 2013 MS4 Permit Construction General Permit Title Sheet Template - DWG File Master Drainage Plan Parcel Information Landscape Fees Landscape Inspection Schedule - New Residential and Commercial Landscape Inspection Schedule - Renovations and Custom Homes Deliverables Draft land development policies and procedures. Item 1J-149 Martin Alvarez Page 6 of 8 March 13, 2023 Task 4 – Develop Workflow and Standard Cross Section Exhibits Based on interviews conducted during Task 3, revise current plan check checklists, workflow exhibits for major development processes (up to 10), and standard street cross sections (up to 8 existing) based on the General Plan and Municipal Code. Include draft exhibits in Developer Engineers Design Manual. Deliverables Task 5 – Prepare Draft Engineering Design Reference Manual and Presentations Prepare draft Engineering Design Reference Manual by assembling work product from Tasks 1-4 to include introduction, table of contents and appendices in a searchable digital format for City staff review and comment. Revise draft based on staff’s comments before presenting to Planning Commission/City Council and stakeholders. Deliverables Updated plan check checklists, workflow exhibits and standard street cross sections. Draft Engineering Design Reference Manual and comments from up to two public meetings. Item 1J-150 Martin Alvarez Page 7 of 8 March 13, 2023 PROPOSED FEE HR Green proposes the following tasks and deliverable schedule of services: ENGINEERING DESIGN GUIDELINES AND STANDARDS Task/Schedule Estimated Hours Fee 1.0 Refresh Existing Standard Details, Review Standard & Supplemental Specifications – 6 weeks Interview engineering & planning staff and meet with up to two stakeholder groups = 40 hours of Task Lead time @ $215/hr= $8,600 280 hours of staff engineer/CAD tech. time @ $115/hr = $32,200 20 hours of Senior Staff Engineer time @ $160/hr = $3,200 $44,000 2.0 Create new Standard Details to Complete City Standard Drawing Files – 4 weeks 210 hours of staff engineer/CAD tech. time @ $115/hr = $24,150 70 existing standards and 30 new for a total of 100 standard details 50 hours of Task Lead time @ $215/hr = $10,750 $34,900 3.0 Review and Revise Current Land Development Engineering Policies and Procedures – 8 weeks Interview engineering & planning staff and meet with up to two stakeholder groups = 40 hours of Task Lead time @ $180/hr = $7,200 Revise 22 existing policies & checklists = 40 hours of Task Lead time @ $180/hr = $7,200 Develop up to 10 new policies = 40 hours of Task Lead time @ $180/hr = $7,200 and 10 hours of APM @ $225/hr = $2,250 $23,850 4.0 Develop Workflow and Standard Section Exhibits – 3 weeks 10 workflow diagrams = 40 hours of Task Lead @ $180/hr and 10 hours APM at $/225hr = $9,450 Review up to 8 general plan cross sections = 24 hours of Task Lead @ $180/hr and 4 hours of APM @ $225/hr = $5,220 $14,670 5.0 Prepare Draft Engineering Design Reference Manual & Presentations – 2 weeks 16 hours of Task Lead @ $180/hr and 16 hours of APM @ $225/hr = $6,480 $6,480 Total 23 Weeks + City Review Time $123,900.00 The following staff and billing rates will also apply to this effort: Tim Jonasson, PE I Project Manager: $235/hour x 20 hours = $4,700.00 Administrative Support: $75/hour x 4 hours = $300.00 The not-to-exceed amount for this work is $128,900.00 Item 1J-151 Martin Alvarez Page 8 of 8 March 13, 2023 If you have any questions or require additional information, please contact Tim Jonasson at (760) 250-6722 or tjonasson@hrgreen.com. Sincerely, HR GREEN PACIFIC, INC. Timothy R. Jonasson, PE Timothy J. Hartnett Project Manager Vice-President Item 1J-152 Page 1 of 6 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: DESERT WILLOW RESIDENT PROGRAM RECOMMENDATIONS AND OPTIONS TO RESOLVE CONCERNS IN 2023/24 FISCAL YEAR RECOMMENDATION: 1)Consider and authorize a change to the booking window time for all programs from 12AM to 7PM, to provide better accessibility to available tee times. 2)Consider and authorize an increase to the Champions Club membership to 72 players at $65. 3)Consider and authorize priority access to the Champions Club membership by offering a Loyalty/Tenure rewarded priority (members with 5 or more years of participation given right of first refusal) and remaining memberships offered via lottery. 4)Consider and authorize an increase to the Platinum Club booking window from 21 days to 60 days. 5)Consider and authorize leaving the Resident Card Program as is, no changes. 6)Authorize City Manager to review and amend programmatic changes on an annual basis and implement non-substantive changes in subsequent fiscal years. BACKGROUND/ANALYSIS: Economic growth and recovery following the pandemic has been quite an anomaly, and one area where that is completely evident is the golf industry. Golf has experienced a boom in popularity post-pandemic. Local demand for tee times has increased dramatically as tourism and corporate outings return to the valley. The additional demand on the golf market consequently has resulted in limited availability at Desert Willow for Palm Desert residents. Following various emails and comments from concerned residents on the matter, staff organized a series of informational meetings for resident golfers, seeking both their concerns about access and their proposed solutions. Meetings were held at Desert Willow over the course of two weeks, on March 13th, 15th, 20th, and 22nd with approximately 20 participants at each session. The meetings were facilitated by both City and Desert Willow (DWGR) staff. As the meetings were concluded, the notes from each of the sessions were compiled and posted to the City’s website for public viewing where additional emails were solicited. In total, this process enabled feedback from over 100 resident golfers. Concerns were focused primarily on the various programs offered at Desert Willow. Approximately 2,000 Palm Desert Resident Cards are issued annually. DESERT WILLOW PROGRAMS Resident Card Resident Cards are available to Palm Desert residents at a nominal $40 fee to access the Item 2A-1 City of Palm Desert Desert Willow Resident Program Recommendations Page 2 of 6 course for $52 with a 3-day booking window Champions Club Offers a League Play opportunity for the Residents of Palm Desert. Currently, 52 players are blocked every Wednesday morning for members of the Champions Club to compete in organized events from October through May. Membership is limited so that players can compete each week of the 32-week season Platinum Club Desert Willow’s version of a loyalty/frequent player program with a 21-day booking window. It is designed for golfers who want to make Desert Willow their primary playing location for the year. In return for their membership purchase and loyalty to Desert Willow, card holders receive discounts on tee times, pro shop purchases, restaurant dining and academy programs Each meeting began with a brief presentation of the current financial picture of Desert Willow including the City’s support of capital projects at the resort to keep it in the world-class condition it is known for. Listed below are the tenets included in the presentation to guide attendees through the brainstorming process: Prior City Council comments and parameters should be considered. DWGR is an economic development philosophy, also intended to provide residents with a country club experience for a day. The Quality of the Facilities, Courses and Customer Experience must remain “Best in Class”. Proposed programs should allow for financial success during “Bull” and “Bear” economic market conditions. Minimize the need for subsidization from City Funds for Operations. Proposed programs should allow for financial success during “Bull” and “Bear” economic market conditions. Desert Willow’s programs should allow for local Country Clubs and Restaurants to succeed and not detract from their viability as a Palm Desert business. Ability to continue utilizing Dynamic/Yield Based pricing models to drive green fee revenue for the financial stability of the property. Feedback confirmed that access was the number one issue and price per round was secondary. There was a general understanding that operating & labor costs have gone up as well as that the price of golf throughout the nation has risen. A variety of ideas and price points were provided by residents for consideration. Summarized below are some of the ideas received: Resident Golf Participant Ideas: Provide a reasonable time of day to start booking Resident tee times instead of starting at Midnight. Increase the booking window (various lengths suggested from 5 days up to 60 days) with a reasonable Item 2A-2 City of Palm Desert Desert Willow Resident Program Recommendations Page 3 of 6 increase in price (pricing recommendations varied) Protect a certain amount of tee times specifically for Palm Desert Residents. The amount of the allocation varied but was typically suggested at 15-25% of total rounds, with preference for morning times. Semi-Private set up. This would include an upfront membership fee ($2,000 to $2,500 mentioned) that would provide 60-day bookings or allocated tee times for a discounted rate ($52-$85 range was given). Tiered pricing by booking window. $52 inside of 3 days, $75 inside of 10 days and $125 outside of 10 days was provided as an example. Percentage off Dynamic Pricing – This concept would provide a certain percentage off (40%-60% discussed) with access at the 60-day window. Champions Club Participant Ideas: Increase the number of players per week (72 was mentioned per last year’s recommendation). Pricing could be increased, if necessary, to offset additional opportunity cost. Offer A & B groups alternating play every other week, to allow for double the number of participants. This would mean each group would get to play in 16 events throughout the 32-week season, instead of each week. Sale of Memberships – some were unable to participate in 2023; therefore, there were suggestions as to how to offer the memberships. Lottery –Participants chosen at random based on number of spots available. Loyalty/Tenure prioritized – Those who have been in the program for a number of years get first priority. Hybrid – Loyalty gets priority but with a lottery for additional spots. Platinum Card Participant Ideas: The 21-day window is no longer sufficient to get tee times. Not enough reasonable tee times available. Membership pricing for non-residents should be higher. Residents should have priority access to the program. Following the final meeting, City and DWGR staff met to discuss the comprehensive list of ideas provided. The ideas were evaluated based on the “City Tenets”, fiscal responsibility, potential opportunity costs, and whether the idea works in high demand (current) and/or low demand (recession) market conditions. The following recommendations are intended to achieve many of the objectives provided by resident golfers. Resident Card Program ISSUE(S) IDENTIFIED AND GOAL RECOMMENDATION/OPTION Issue: Booking time is impossible at 12AM Allow booking time to begin at 7pm (3 days plus a few hours) instead of 12am (midnight) Item 2A-3 City of Palm Desert Desert Willow Resident Program Recommendations Page 4 of 6 Goal: Maintain all current program benefits ($52 with a 3-day booking window) and facilitate a better booking time. Champions Club Program ISSUE(S) IDENTIFIED AND GOAL RECOMMENDATION/OPTION(S) Issue: Total availability Goal: Provide additional opportunities for residents to participate with nominal costs to both residents and Desert Willow 1) Status Quo -52 Player Shotgun every Wednesday at $52 Rate 2) Expand the program to a 72 Player Shotgun every Wednesday at $65 per player FINANCIAL IMPACT The Opportunity Cost of this program as it exists is approximately $120,000 under the 52 players at $52 model The expansion to 72 players at the increased rate of $65 increases opportunity cost to approximately $135,000 to $140,000 ISSUE(S) IDENTIFIED AND GOAL RECOMMENDATION/OPTION(S) Issue: Membership Access Goal: Alleviate resident concerns relative to limited participation opportunities 1) Offer 3-week period, allowing all interested Residents to enter into a lottery with participants chosen fully at random. 2) Loyalty/Tenure prioritized – Weighted lottery based on number of years members have participated (example: current members given an extra entry for every year of participation) 3) Loyalty/Tenure rewarded – Members with multiple years of participation (possibly 5 or more) given first right of purchase. Any remaining memberships would then be offered via a lottery. FINE PRINT Membership cost to remain the same at $299, includes USGA Handicap. Sell 100 memberships to cover the 72 weekly player slots and prioritize access Waitlisted members on a weekly basis would have first right to play the following week Platinum Card Program ISSUE(S) IDENTIFIED AND GOAL RECOMMENDATION/OPTION(S) Issue: Membership access at 21-days is not providing substantial time to benefit card holders 1) Continue to offer Residents a reduced membership price into the Platinum Program, providing discounted access with a new booking window of 60-days. Item 2A-4 City of Palm Desert Desert Willow Resident Program Recommendations Page 5 of 6 Goal: Provide residents an extended booking window (60-days) at a discount that is fiscally responsible in boom or recession markets. 2) Limit the program to 800 participants or less, half restricted Palm Desert Residents until December 1st. FINANCIAL IMPACT Changes to the Platinum program are expected to be revenue neutral with the assumption that the increased card price and increased rate structure will cover any additional Platinum Card rounds because of increased access via the 60-day window. FINE PRINT Rates will be 25% -30% off Dynamic Public Rack Pricing for the cardholder and up to 3 guests, based on typical utilization patterns throughout the year. (A substantial increase from current pricing) Other pricing models were evaluated including tiered pricing with further advanced booking and a larger discount off dynamic pricing, but the opportunity costs were too significant (ie. the 40% off dynamic pricing would create a $500,000 opportunity cost at 10% absorption). Addressing the issue of limited availability, tee times will now be available at the 60-day window (same as general public). The Platinum Card Membership pricing will be $299 for Residents and $899 for non- residents. A discount will be offered to current non-resident Platinum members for FY 2023/24 only. This one-time discount will help offset frustrations over lack of peak season access in FY 2022/23. Implement a non-refundable booking fee per round to discourage excessive bookings or cancellations ADDITIONAL CARD BENEFITS 50% Off Driving Range after 10am 15% off golf shop accessories, gift item, and footwear (non-sale) 25% off apparel (non-sale items) 10% off dining at The Terrace (food only and does not apply to special events) STAFF RECOMMENDATION: 1) Change the booking time for all programs from 12AM to 7PM, to provide better accessibility to available tee times. 2) Increase the Champions Club to 72 players at $65. 3) Prioritize the Champions Club membership access via Loyalty/Tenure by offering a Loyalty/Tenure rewarded priority (members with 5 or more years of participation given right of first refusal) and remaining memberships offered via lottery. 4) Increase the Platinum Club booking window from 21 days to 60 days. 5) Leave the Resident Program as is, no changes. 6) Authorize staff to review and amend programmatic changes on an annual basis and implement non-substantive changes, if necessary. Item 2A-5 City of Palm Desert Desert Willow Resident Program Recommendations Page 6 of 6 FINANCIAL IMPACT: Implementation of the recommended changes may facilitate the continued growth of green fees marginally for Fiscal Year 2023/24 while meeting the requests from residents regarding access and availability across all programs. The recommendations are intended to also protect revenue generation in the event recession causing market contraction occurs. Below is a table of estimated green fees for Fiscal Year 2022/23 and projected Fiscal Year 2023/24 green fees if staff’s recommendations are approved. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Resident Golf Program Input & Feedback Presentation 2. Notes from Input & Feedback Sessions Major Market Segments 2022-23 Estimated Revenue 2023-24 Budgeted Revenue % Change Public Rack 3,567,774 3,392,000 -5% Outings 2,043,669 2,248,036 10% Residents 528,681 529,000 0% Residents - Champion's Club 83,000 145,000 75% Wholesale (Hotel/Timeshare Partners)1,701,936 1,652,994 -3% Platinum - Non-Res & Residents 1,630,973 1,875,619 15% Other Loyalty/Specials 196,971 207,213 5% Total Estimated Green Fee Revenue 9,753,004 10,049,862 3% Notes: Desert Willow Golf Resort Estimated Green Fee Revenue by Market Segment Recommendations will provide additional access for residents via the Champions Club expansion and the Platinum program, which are estimated to offset primarily Public Rack and Wholesale market segments. Additional tracking will be implemented in FY2024 to show how much of the Platinum program revenue is specifically derived from Resident bookings. Recommendations are estimated to allow for nominal growth in green fee revenue while providing increased access to Residents. Budgeted revenue above does not include anticipated revenues lost during the Firecliff Renovation Closure. Those losses are projected in the official FY 2024 Budget. Item 2A-6 Item 2A-7 Item 2A-8 Item 2A-9 Item 2A-10 Item 2A-11 Item 2A-12 Item 2A-13 Item 2A-14 Item 2A-15 Item 2A-16 Item 2A-17 GENERAL RESIDENT COMMENTS 3/13/23 Info Session Feedback General Resident Rate Suggestions: • 50% off Dynamic pricing with 60-day booking • Ra ise resident rate to higher flat rate – no rates specified but requested ability to secure times outside of 3 days • Raise resident rate in season (Jan – April) $75 before 1:00pm and $52 after • Tiered rate structure: $52 inside 3 days, $75 3–10 days, $125 outside of 10 days • Semi-Private Option #1 o Pay up front sum of $2,000-$3,000 o Grants further advanced booking at $52 rate o Semi-Private Option #2 • Semi-Private Option #2 o Pay up front $2,000-$3,000 o Grants further advanced booking at higher rate Potentially suggests using up front cost as prepaid golf at rate of $125-$150 Rates would vary by time of year Restricted to PD Residents only • Resident Golfers o Reserve one tee-time (four players) per hour, per course, for the opening 5 tee slots per day for Resident Card access (only making them available 3 days in advance) o Offer two -tiered Resident Card access by also providing the opportunity to book tee times earlier for an increased rate in a manner similar to that used by Troon for Classic Club Coachella Valley Card holders, or Escena for their Escena Card holders o Limit the number of tee times available for ‘group bookings’ per day and/or limit group bookings to Thursday through Sunday • Resident Golfer o The City adopt a tiered price structure similar to Torrey Pines (owned by the City of San Diego) and Harding Park (owned by the City of San Francisco). i.e. A market rate could be set as the base price, while establishing a resident rate that is less costly, perhaps half the market prices. Both groups should have 60 (day) lead times to book tee times, Item 2A-18 and in doing such, will make Desert Willow comparable with other similar offerings • Conduct survey on membership for Semi-Private use Platinum Card Suggestions: • Raise non -resident Platinum purchase price • Limit non -resident Platinum benefits to cardholder only • Hold tee times for Platinum members • Limit how many times members can secure (with technology tracking usage) • Provide equivalent booking access for Platinum Card holders with full rate guests, and reduced-rate Westin and HGV guests, either by granting booking access at 60 days, the same as the other groups. Or by limiting all bookings to 30 days in advance, thereby leveling the booking opportunity • Understanding the profitable business of Event Management for the Club, exceptions could be made to provide bookings further in advance, where a fully- catered event has been confirmed. Only Kemper Golf staff would be available to book for these groups this far ahead, in conjunction with the Event Coordinator • Limit the number of tee times available for ‘group booking’ per day and/or limit group bookings to Thursday through Sunday Champions Club Suggestions: • Raise weekly rate from $52 to $65 to cover opportunity cost of more access • Have a lottery for memberships o Lottery would be weighted based on how many years guests have participated • Increase number of participants weekly, so more memberships can be sold • Host two groups that rotate play each week (Group A and Group B) • Eliminate the program entirely – suggested that Champions Club only benefits a select few Hotel Benefit Feedback: • Hotel guests shouldn’t get a reduced rate (this discount is contractual but the topic wasn’t discussed) • Booking hold/deposit should be enforced and non-refundable; maybe pay penalty or cancellation fee, if no-show or unconfirmed by a certain day/time (i.e. less than 5 days in advance) • F&B should also profit, how do we make this happen? Item 2A-19 Availability Comments: • Suggested fair booking for all programs (60 -day window for all) • Weigh access according to loyalty, loyalty incentives • Member play “rotation” to every other week • Please move the midnight tee time reservation to 5 PM on the day before, as it is unjust to ask golfers to wake up at midnight just to be able to secure a tee time 3/15 /23 Info Session Feedback General Resident Rate Suggestions: • Raise resident rate to higher flat rate – no rates specified but requested ability to secure times was their concern (Repeat Idea) • Block times for Residents (Repeat Idea) • Limit Resident access to twosomes (New Idea) Champions Club Suggestions: • Raise weekly rate from $52 to cover opportunity cost of more access – no suggested rate discussed (Repeat Idea) • Host two groups that rotate play each week (Group A and Group B) - (Repeat Idea) General Availability Comments: • Move booking portal access from 12:00am Midnight to a more acceptable time (7:00pm/8:00pm day before or 6:00am day of) (NEW Idea) o Stressed hassle of getting up at Midnight o This is in reference to advanced booking – for example 21 day booking starts at 12:00am • Differentiate booking times for different reservation types (New Idea) o PD Resident – 8:00pm o Platinum – 9:00pm o Non -Resident – 10:00pm • Change tee time interval – go to 9 minutes instead of 10 minutes (New Idea) o Feedback from attendees was negative – pace of play concerns General Thought Shared During Discussion: • Resident Concern – Has been forced to play other local clubs all year and can’t find anything under $100 o He mentioned anything quality is over $130 Item 2A-20 • Resident vocalized that many of the local country clubs are having access issues as well (his friends are members at these clubs) o Many clubs are restricting guest access before 11:00am o Many members can’t find times until late afternoon • Suggestions were made about the process - in terms of how to present feedback from all four meetings with Presidents committee and City Council: o We reached out to ____ Residents, and _____ responded/gave feedback. _____ came to one of four scheduled meetings 3/20/23 Info Session Feedback General Resident Rate Suggestions: • Raise resident rate to higher flat rate – $85 suggested (Repeat Idea) • Hold times for Residents - one time per hour in peak season (November – April) (Repeat Idea) • Lottery for tee times (New Idea) Champions Club Suggestions: • Raise weekly rate from $52 to cover opportunity cost of more access: $75 - $85 rate discussed (Repeat Idea) o Offer last minute access for open Champions Club spots for waitlist at higher rate - $85 discussed (New Idea) • Increase number of memberships available - (Repeat Idea) • In regards to membership sale: o Sale should be a lottery system – everyone who wants a chance at membership is entered into a drawing (Repeat Idea) New take – Lottery should not be weighted – two-week period for guests to enter drawing. o Frustration with last year’s sale was communicated by several attendees. Platinum Club Suggestions: • Hold Plat inum Card sale for PD Residents before Non-residents, ensuring access to Platinum Card (New Idea) • Increase cost of Platinum Card (Repeat Idea) General Thought Shared During Discussion: • Have been forced to play other local clubs all year (Repeat comment) Item 2A-21 • Ha ve decided to join Marriott Desert Springs membership and never have any issues getting tee times (Repeat comment) • Raise top end price (Repeat comment) • Raise group prices (Repeat comment) • Open restaurant later in peak season – Dinner access or longer bar hours (New comment) • Discussion on parks vs. Desert Willow – parks aren’t generating revenue so why is focus on DWGR to raise or generate revenue. o Residents from nearby communities utilize PD Parks but no revenue generated. 3/22 /23 Info Session Feedback General Resident Rate Suggestions: • Raise resident rate to higher flat rate – $60 and $90 suggested (Repeat Idea) • Revamp resident program with a much higher rate (no rate suggested) (Repeat Idea) o Stressed accessibility to the course vs. a bargain rate you can’t get a tee time anyway • Increase booking to 14 days (stressed access as the biggest complaint) (Repeat Idea) • Redefine Resident Card application process – don’t enforce trip to DMV for a State ID card (New Idea) • Make COMP rounds available to PD Residents (New Idea) • Make one course Semi-Private for Residents (New Idea) Champions Club Suggestions: • City should increase size of club and memberships available due to small impact to total Green Fee Revenue (Repeat Idea) • Increase number of memberships available - (Repeat Idea) • Times don’t have to be peak times – they could start later (New Idea) • In regards to membership sale: o Sale should be a lottery system – everyone who wants a chance at membership is entered into a drawing (Repeat Idea) o Why does the city offer Champions Club at all? It restricts access for other residents - (Repeat comment) Platinum Club Suggestions: • Limit number of Platinum Card guests (New Idea) Item 2A-22 • Increase cost of Platinum Card (Repeat Idea) General Thought Shared During Discussion: • We should rethink over seeding times due to business levels over Thanksgiving (New comment) • City should sell Desert Willow to the Residents (New comment) ADDITIONAL GENERAL COMMENTS From 3/13/23 and 3/15/23 Meeting: • Access is the issue. Cannot get on with resident card. • Member has no issue paying more than $52 per round. • Daily fee courses increase rates 30%, peak at DW is $260…Rating services show Firecliff at #1 and MV at #6/7 we should do the same. • Dec -Apr charge resident golfers $70-75….gentleman belongs to classic club and pays $85. • Cannot get on greens before 3:40 daily. • How far out are groups booking and what are they paying? • Willing to pay double just to get better access. • Kemper sports management agreement is favorable to community. Profit motive has been removed from their contract. • Are changes to platinum card in play – yes. • Can we allocate tee times for residents? • Firecliff will shutdown next summer for renovation, which will further complicate issue. • Joining Champions Club - do two sessions (alternating weeks). • What is the break-even point on price for residents to keep DW with positive NOI/remain revenue neutral? • PD Resident card holders feel they’re not being respected by council. An d they have homes here & cannot get on the course. • Raise group rates to makeup difference (outings) - ADR for outings is $175 in season. Maxed out at 20%. Their rates have been increased over time. • DW is catalyst to increase prices for all valley golf courses. • Have a percentage of tee times set aside for residents. Have residents pay more and allocate percentage of rounds. • Limit resident slots to 2 vs. 4. • Resident suggested they may be willing to pay up to $100, if better access provided. • Give residents an even footing with other programs as far as lead times on booking. Item 2A-23 • 60-day window opens up for hotel partners and public rack play. Currently only 7% of business comes from Westin. • DW staff really try to make things work. • Council does not want to harm country clubs, resident agrees. • JW/Shadow Ridge are not considered a "local country club." • How is the council leaning---they're not. They're fully in support of these meetings. • Thanked staff (City/DW) for providing ability to have these meetings. From 3/20/23 Meeting: • What portion of tee times are residents? Seven to ten percent. • The membership revenue is included in the opportunity cost of Champions Club • Suggestion of resident limited to two vs. four…. offended and would like to keep it at four. • How many are singles; can we have two go out vs. going with people they know? • Tee times: hold on resident booking one foursome per hour during the key season, for residents only at 12:00 p.m. booking window within three days. • Firecliff closed from June 1 - Nov 1, 2024 (green expansion and tee renovations) take down 4" of current turf and expand to original size. • Average rate is just golf. • Love the course. "Not a muni course". Silver Rock reserves 30% of tee times for residents. How can La Quinta afford to do it? The 30% is secured primarily outside of peak season. • Econ omic Development impact of Desert Willow? Is the amenity driving people into hotels? • Extrapolate data on the difference between pre and post-Desert Willow. • Key factor is access to the course. Continuously unable to access Desert Willow. • Impact lack of access • Platinum card purchase - if kept, go on sale for residents first during the first 24 hours, then outside the city. • Course correction - to those who push Palm Desert for the golf course. The opportunity residents have to play the course does not match access. • Does the clubhouse make money - yes, but not exceptional. • “Thanks, Todd, for doing the meetings, and appreciates the opportunity to discuss directly. Staffing has been a big challenge. Average cost per round. - Weekenders don't care what they pay for golf. They'll do anything to golf. Evaluate top end.” Agrees resident rate must go up. Any revenue from the park. What kind of programs can we create to take on the new resident homes? Looking at non- resident rounds as well. Filet Mignon is .52/lb. but there is no steak available. • Staying at Westin, they get a special rate. They have negotiated a discount. Item 2A-24 • Retreat also has a platinum card. We are having the same discussion with the Retreat members. • Would like to see the restaurant open in the evening until sunset. • Closed at 3:00 p.m. at Cooks Grill. Staff is moved inside, so restaurants can be fully staffed. • Offering that a lottery be created and not sure if it would work. • Parks – noncontrolled, so others come in and use the facilities. • Champions Club - involved for 20 years but unable to this year. Only 64 were permitted this year. There were open spots and last year they were full. The fees were refunded. No consequences if no shows. Increase in Champions Members and weighted lottery based on loyalty and participation. • Loves Champions Club - well run. No -shows should be accountable. Willing to pay up to $75/tee time. And willing to pay more for the resident rate. • Group play question-asked about tee time rates for groups. They book the furthest out. One of the highest paying market segments. Still studying if growth has met the demand for non-resident fees. • Cancellation rate and policy? 48hr cancellation - could be at booking. Been lenient and can improve it. • Champions Club - once a week on Wed mornings has tee times for organized play and is extremely popular. • Snowbird - surprised that everything was booked. No opportunity to play. • Pay more to expand the club and for residents’ access. • Differentiate CC vs. Public Access GC - we are building a golf course experience for a day. Implement a semiprivate idea, which we are not willing to do…but DW was never set up to provide a country club lifestyle for all residents. • Small group of folks have gotten very nasty and did not move the needle. • Platinum Club to residents only first idea is seconded and increase the price for non-residents. • Platinum Club card has never been able to use, but not during the off- season. Unable to get on course during the season. So, on access with resident card or platinum during the season. Snowbirds use Champions Club to gain access. Saving a tee time during the day for residents and willing to pay an increased resident fee for better access. Increase cost for Champions Club. • Platinum Card was created to have a loyalty program for those who come and return annually. • Fiscal structure vs. programmatic issues - year-round residents don't mind paying more if they can get better access. • Next steps: one more meeting Wednesday. Then work on recommendations to Pres Club, then the first meeting in April on Study session. Then ask them to make a decision at the second meeting in April. • No Show is very limited. Most are backfilled. Item 2A-25 • Goal - "one day experience." Drastically expand champions club. 1/week. • Every Friday is secured for residents in Vancouver. • Selling memberships in Champions Club - totally understand the frustration. Looking at how to make it fair to all. • A & B club would provide access every other week. • Open slot in the current champions club that allows residents to step in. How many is the right number for total sales in champions club? Why isn't there a list somewhere? So, 64 were sold, so 52 can play. Pick-up game list to fill up empty spots. Or make those who don't show pay. • Create a waiting list on the top of 64 that participate. The secondary group with a $70 round vs. the $52. • 64-72 eligible to play. If you call on Tuesday and tell him it’s a higher rate, then will jump on it ($85). • F&B marketing issue that could be improved to increase revenue. In season stay open later to watch the sunset. Restaurants are full during peak anyway. • How many tee times are taken away by Champions Club - 52 players every Wednesday AM. From the 3/22/23 Meeting: • The contract had a provision relative to positive cash flow that has been removed. We’ve structured it differently but provided a loan that must be repaid. • Officials at Indian wells, restaurants compared and huge difference. Indian Wells is open late. Clubhouse overhead is extensive. A subsidy is only $700 but based on meeting with them today for $2M. • Benefit of the residents – if you want to request subsidized golf from Council that is a policy question. • Are we considering extending Champions Club to 72? Staff recommended 72 guests. • Raise resident rates to $60 to balance the budget. Why are we down to one course during November? Tax homeowners and ballot to provide support. • Appreciates that it is not a park, needs to stand alone. Encouraging staff to increase the price. Has given up trying to get on at $52. All golf has increased, just wants to engage with Desert Willow for less than $200. • Changing access is what is necessary to make things work. • Champions Club loss of funds is insignificant. With out-of-state players, we should recover costs from them. Pick of the litter course in CV. • Make one course semiprivate…DOA from a Council perspective. • How many rounds a year are comped – 2000 for PDHS/COD receive a third. Some employees, but outside of customer play. Charitable donations for the community to use and sold at auctions and play after 11:00 a.m. Item 2A-26 • As a golfer, it is one of the recreational opportunities in PD. Golf is a recreation like all other events. Does not appreciate the council’s position on golfers vs. other recreation uses (i.e., aquatic facility). • Comp rounds for residents – within champions club to give residents an opportunity same as those being comped. • Cost to join champions? How many? And why? 32 weekly events, $299 and gives access to the league. Is it a redundancy since it takes slots from residents? The staff is top -notch, great course, and great views…. just want access with cost w/in reason. 21 days out is not possible to access. • Not looking for the bargain, just wants access at a reasonable cost. Calls this his home course when here in winter. Get them out of going to DMV to gain access to the resident card. • Walton has a lot of detail he’d like to discuss. Would like to set up a meeting. • Money lost from members who did not get in is not included. She did not like the sign -up method used for Champions Club and should be redone this year. • What is the relevance of the champions club – gives residents weekly access to DW. • Loyalty membership – private club benefits. • Split membership into two days. • Augusta has a loyalty priority for Champions Club. Use priority as a selection. • Standby membership to help champions club. • 3 forms of charity rounds – include as cost of doing business: a subsidy to golfers. • Why does the city want this to be a stand-alone? • Revamp resident program: higher rate to support dollars and allow better access. • City sells many resident cards. Why isn’t that revenue considered here. Those funds are kept by DRD. • Why keep a losing asset if residents cannot gain access? • Some courses going to a hybrid seed – some are not reseeding roughs. Firecliff is looking to go to same grass as Lakes. Let them do it first, and then see how it works. Testing different versions of ryegrass. • All the times that residents don’t play here, they are playing in other cities. They’re taking their money elsewhere and being lost in PD. • Would Council move away from a 3-day limit on residents? Going away from it would not be a welcomed change. • If we chose to do a loyalty-based selection on Champions Club, make it a ratio of old vs. new members so as not to exclude anyone. So, if we have 80 slots, make 60 (long -time members) and 20 (new members). Then sign up 90-100 and provide play to 60 players that are set each week, with the other 12 slots filled through a raffle. Then those 12 automatically are set for the following week, and the rest of the 80 are raffled…or some version of that concept. Item 2A-27 From:Todd Hileman To:Ryan Szydlowski; dwhite@desertwillow.com; Veronica Chavez Subject:FW: Desert Willow - Resident Card/Champs Club/Platinum Club Date:Wednesday, March 29, 2023 3:33:24 PM Attachments:image001.png image003.png Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Todd Hileman Sent: Wednesday, March 29, 2023 3:33 PM To: Bobby Erickson <bobbyerickson0319@gmail.com> Subject: RE: Desert Willow - Resident Card/Champs Club/Platinum Club Hi Bobby: We did have 4 input meetings over the past two weeks, attended by around 100 people or so. We are in the process of taking all of the feedback and input we received to revamp both our Champions Club program and our Platinum Club program and I hope resolve some of the issues with incremental progress. I will be asking the City Council for a year to assess the changes, in the hopes that it improves access and I have asked Derek and Ryan to continue assessing our progress and tweaking the program moving forward. If you go onto the City’s website, there is a repository of feedback from the 4 meetings. Thanks, Todd From: Bobby Erickson <bobbyerickson0319@gmail.com> Sent: Wednesday, March 29, 2023 3:29 PM To: Todd Hileman <thileman@palmdesert.gov> Subject: Re: Desert Willow - Resident Card/Champs Club/Platinum Club Good afternoon Todd -I heard today that a meeting took place at DW to discuss the various issues. I'm guessing that is the meeting you referenced but I never heard about it until today.If there are any future meetings or opportunity to provide input, I'd love to be a par Good afternoon Todd - I heard today that a meeting took place at DW to discuss the various issues. I'm guessing that is the meeting you referenced but I never heard about it until today. If there are any future meetings or opportunity to provide input, I'd love to be a part of it. I think there are some win-win opportunities to balance revenue generation and taking care of PD residents. Thanks again for your dialog on this important issue. PS - please call me Bobby ☺ On Tue, Feb 28, 2023 at 2:00 PM Todd Hileman <thileman@palmdesert.gov> wrote: Item 2A-28 Good afternoon Mr. Erickson: Just closing the loop with you. I had a meeting with Derek, Ryan, and Veronica Chavez today and we are going to host some on site input meetings in the next couple of weeks to listen to ideas such as you put forth while working on an alternative cost structure for the City Council to consider in May. I would appreciate your attendance and input while we are kicking around some ideas to better address course access while not harming the Desert Willow budget. Thanks, Todd . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Bobby Erickson <bobbyerickson0319@gmail.com> Sent: Sunday, February 26, 2023 2:52 PM To: Todd Hileman <thileman@palmdesert.gov> Subject: Re: Desert Willow - Resident Card/Champs Club/Platinum Club Thanks Todd! On Feb 26, 2023, at 2:40 PM, Todd Hileman <thileman@palmdesert.gov> wrote: Thanks for your thoughts, all very good ideas. I have scheduled a call this week with Derek and our Finance Director to kick some ideas around, as well as discuss how to get you and other interested parties involved. You may be on to something about the timing of the Champions Club. Will circle back soon. Todd Sent from my iPhone Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 On Feb 26, 2023, at 1:38 PM, Bobby Erickson <bobbyerickson0319@gmail.com> wrote: Item 2A-29 Good afternoon Todd - Been giving some more thought to the resident program, and have also talked to a lot of guys who are impacted. To a person, access to DW is much more important than the rate we pay. While we all love the $52 resident rate, and even the $110/$130 platinum rate, if we can't get tee times, even for a single, then it's irrelevant. It seems there would be an opportunity to meet the needs of the residents (tax payers) while maintaining or even increasing the revenues the City of PD wants and needs to generate. Here are a few thoughts: - Increase to the resident rate (even as much as doubling it during prime season - Allow residents access to the Platinum Club rate prior to other non-resident Platinum Club members. Even a day or two prior to others access would help. - As an alternative to the above, make the Platinum Club only available to residents (or create a new residents only program) - For Champs Club, move the weekly shotgun (or tee times if better) to late morning or early afternoon so the prime time slots are available to the higher paying public. - Establish a pre-paid players card with special access to tee times. - Have a monthly dues program availlable to residents with special access to tee times. Personally, I'd love to play DW two or even three days a week and would be happy to pay a good bit more than the resident rate to do so. With the difficult access to tee times currently, I'm looking at other area courses as options for next year. I'd hate to not be able to play DW regularly since it is such a fantastic golf facility and so convenient to my Desert Falls home, but the ever increasing access issues are making it an unfortunate reality. Thanks again for your interest Todd. We all really appreciate it! ---------- Forwarded message --------- From: Todd Hileman <thileman@palmdesert.gov> Date: Thu, Feb 23, 2023 at 8:05 AM Subject: Re: Desert Willow - Resident Card/Champs Club/Platinum Club To: Bobby Erickson <bobbyerickson0319@gmail.com> Thank you for the note Mr. Erickson, I do remember you well. I will think over your idea with staff and circle back. I have asked staff to work on an updated proposal to expand Item 2A-30 the Champions Club and present it to the President’s Committee and City Council in April and May, respectively. I do like the idea of a group to work with staff to improve the understanding of the course’s actual profits and business model as long as it is a respectful process. Todd Sent from my iPad . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . On Feb 22, 2023, at 2:14 PM, Bobby Erickson <bobbyerickson0319@gmail.com> wrote: Good afternoon Todd - I got paired with you late last year for golf at Desert Willow, so thought I'd reach out to you. There has been some recent chatter amongst the Champions Club and other PD residents about possible changes to the programs designed for us. I don't have a copy, but someone was passing around a letter to Champs Club members encouraging an email campaign to be sent to the City of PD. I know you and I chatted about the challenges of balancing the need to take care of the tax paying residents vs. the revenue potential for the general public golf rates, so wanted to offer up the possibility of putting together an advisory committee made up of PD residents and city planners. Item 2A-31 There are a number of avenues that could be explored that would address issues for all parties. Let me know your thoughts. Thanks Todd! Item 2A-32 From:Sarah Castro To:Veronica Chavez Subject:FW: Desert Willow Resident program feedback Date:Monday, April 3, 2023 2:55:37 PM Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png . . Sarah Castro Administrative Assistant 760.776.6349 scastro@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Kelly Gilmore <kelly.gilmore50@gmail.com> Sent: Monday, March 20, 2023 9:04 AM To: Sarah Castro <scastro@palmdesert.gov> Subject: Desert Willow Resident program feedback The ability to actually get a tee time under the resident program is the most important issue. The cost saving price of $52 is meaningless if you can't get a time during peak season so there are only two choices for Palm Desert,1) increase the pre-booking time to more than 3 The ability to actually get a tee time under the resident program is the most important issue. The cost saving price of $52 is meaningless if you can't get a time during peak season so there are only two choices for Palm Desert, 1) increase the pre-booking time to more than 3 days 2) reserve some times for residents only i am also a member of another valley golf course so we do not rely on Desert Willow for the majority of our golf, however it is a huge advertising opportunity to be able to take guests (potential new members residents etc) there and it would be nice if they got a bit of a break on their fees as well. There could be limits on how many guests per season. it is also clear that Desert Willow could use another 9 or 18 holes of course so instead of building more accommodation, add more greenspace/golf course to take some pressure off the existing course Kelly Gilmore Item 2A-33 From:Sarah Castro To:Veronica Chavez Subject:FW: Desert Willow Residents Golf Program - Invited Comments Date:Tuesday, March 21, 2023 11:52:35 AM Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png . . Sarah Castro Administrative Assistant 760.776.6349 scastro@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: MICHAEL FRAHLER <MICHAEL.FRAHLER@outlook.com> Sent: Tuesday, March 21, 2023 11:48 AM To: Sarah Castro <scastro@palmdesert.gov> Subject: Desert Willow Residents Golf Program - Invited Comments Almost all the comments I read from your two meetings are based on the very low to none ability to get a resident rate tee time. I would guess that Desert Willows was built to be of a benefit to the residents and also to attract visitors to Palm Desert. As a resident, I have give Almost all the comments I read from your two meetings are based on the very low to none ability to get a resident rate tee time. I would guess that Desert Willows was built to be of a benefit to the residents and also to attract visitors to Palm Desert. As a resident, I have given up on trying to get a tee time, except in the heat of the summer. I hear the same grumblings from other resident golfers I run into; nobody is very happy about the situation. On the other hand, the residents of Indian Wells I have played with at their city Golf Resort, are happy with their resident program and have offered no complaints. Why not copy their program and improve our situation, without all the many complicated aspects and tiered programs we have now for getting tee times, and with more being suggested? The Indian Wells program is very simple - for resident golf: $50 annual fee, $50 green fees, 14 day advanced reservations; for non-resident rates: 30 day reservations. Item 2A-34 From:Ryan Szydlowski To:Derek White; Todd Hileman; Veronica Chavez Subject:FW: Follow up to info forum sessions Date:Thursday, March 30, 2023 10:05:23 PM Some last minute feedback trickling in… Mrs. Zech attended the 4th meeting. I believe her reason for following up is she felt the meeting got “taken over” by Champions Club concerns. See you tomorrow! Ryan Szydlowski PGA Director of Golf l Desert Willow Golf Resort l 38995 Desert Willow Drive Palm Desert, CA 92260 l Phone: 760.346.7060 ext. 147 l Email: rszydlowski@desertwillow.com l Website: www.desertwillow.com l Instruction Available: Palm Desert Golf Academy l Have More Fun: Book A Lesson Today! From: marianne zech <mariannezech@msn.com> Sent: Thursday, March 30, 2023 2:54 PM To: Ryan Szydlowski <rszydlowski@desertwillow.com> Subject: Follow up to info forum sessions Hello Ryan et all-city council, Kemper sports etc, Thank you for conducting your four info sessions pertaining to feedback on Desert Willows resident interests and also sharing the financial and back ground information re. DW from its conception, 25 years ago. I also appreciated reviewing the meeting minutes from all four sessions, as the one I attended had attendees most concerned about the Champion Club. In the essence of time, I would like to just briefly comment on some of the suggestions mentioned in those meeting minutes or summaries, and perhaps include some comments of my own. Resident Cards: ~ This is tricky, no doubt! ~Various things were mentioned here, and as a resident, I would still maintain an increase to the golf round from 52 to $60 (?) is reasonable keep up with increased costs and to help maintain the course, and balance the ADR. However, giving something back to the residents in terms of booking windows and availability might be necessary too. ~I think the idea of a graduated price before/after 1:00pm mentioned in notes, or in season options (Oct- Dec vs Jan -April) might become too confusing and difficult to manage but might be a consideration, pending how things are structured. I would caution on the simplest decisions for all involved. ~I also support some sort of a resident hybrid card combined with the Platinum card...see below. Platinum cards: ~I think retaining these for residents and not opening them up to everyone is a great idea and would help with tee time availability. Again, slight increase here to help ADR? ~Perhaps a non resident card at $1000 or so to help the tee time availability to residents and help balance the ADR. ~Perhaps a discount, but also a visitors surcharge to the guests staying at the adjacent hotels. Item 2A-35 Apparently this exists anyway for Palm Desert tourists/visitors staying at hotels etc? Champion Club: ~ This one is tough as it is a club within a public course? ~Perhaps deeming one course semi private and including this offering within that context? ~However, if the Champion Club needs to exist to accommodate residents, then again, the fee needs to increase, the resident rate needs to increase as mentioned above to help balance the ADR's. ~The "Club" needs to be inclusive to operate under the umbrella of a public course. Our tennis facility does a "lottery" for "popular ladies night" bc there are 6 courts and can only accommodate 24 at each designated time...this is similar to golf. Those that are not selected from the lottery, have first chance to automatically be in for the next season. Perhaps the CC has a fall and winter and spring league, or this method can be granted on an annual basis. Inn addition, those not accepted in the lottery payment, can be available as subs, for any given week, a benefit for those not accepted in the lottery. This a good spot to be in for those that may not be able to play every single week. Food and Beverage: I am a member of a golf club outside of Palm Desert and have served on various committees. Food and beverage never makes money but ideally, the hope is not to have too much loss. It is there as a service to members. However, where money is made, and where marketing emphasis is targeted is on the large party, wedding, business meeting, private company holiday parties, etc. and this has proven to be successful in generating income. Capital Considerations: ~I am not fully understanding how Desert Willow is a municipal course to the city of Palm Desert, initiated and created 25 years ago to help generate revenue for the city of Palm desert (which it has-and made it a destination!), and yet not be liable to upcoming course capital improvements? I think the city council needs to look hard at this and commit to be responsible for this entity, the Aquatic, pool, the parks, the courts, etc., even if a surcharge needs to be applied to property taxes in some way? ~If not, than a capital improvement surcharge will need to be added to every golfer in the next year to help pay for this large expense? Thank you for you time in running these meetings and sharing the process with us. Good luck to you in your decision making and modifications. Marianne Zech MMB Designs 1732 Lake Washington Blvd Seattle, WA 98122 (206) 310-3319 Item 2A-36 From:Sarah Castro To:Veronica Chavez Subject:FW: Resident play at Desert Willow Date:Tuesday, March 21, 2023 8:18:50 AM Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png Importance:High . . Sarah Castro Administrative Assistant 760.776.6349 scastro@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Gene Hunt <Hunt_home@msn.com> Sent: Tuesday, March 21, 2023 6:50 AM To: Sarah Castro <scastro@palmdesert.gov> Subject: Resident play at Desert Willow Hello, I read through the comments from your first two meetings. As one of the original members of the Mens’ Club when it first opened, I have watched our ability to play diminish to zero. I have not been able to get a tee time for over five months. Offering a tee time at 3:40 PM Hello, I read through the comments from your first two meetings. As one of the original members of the Mens’ Club when it first opened, I have watched our ability to play diminish to zero. I have not been able to get a tee time for over five months. Offering a tee time at 3:40 PM, when the sun will set in about one hour and a half, is not really offering anything. You would be luck to get in nine holes. A lot of the suggestions were good. The bottom line is more access. If the price needs to rise, so be it. However, remember who was there when the course opened and who supported the club. Also remember that it is not the fault of residents that someone decided to put in the (upgraded?) restaurant, thus bundling in more overhead. Then allowing the course operators to blame the residents as the cause of any shortfalls. Bad analysis. I once asked Rodney Young, the manager at the time, “are you a golf course with a restaurant, or are you a restaurant with a golf course? The paused for about fifteen seconds and replied, “ I’m not sure.” A telling answer. The restaurant was a bad idea. When Item 2A-37 originally opened, it forced out players who came in after a round, wanting us to wait 30 to 45 minutes to be seated. All the time allowing people waiting to take space in the seating area that had been the previous dining area. I used to spend thousands of dollars a year at the club having meals after golf one to two times a week and also money in the golf shop. Don’t do either of those now. I have one additional idea, how about limiting the number of free rounds that the course management gives away to visiting golf course personnel and VIP’s. It was hundreds of rounds a year the last I heard. If there is such a revenue bind, would it not generate more income to let residents play instead of giving away rounds? Interesting they can do that with no restrictions. Thanks for any help you can offer. As you can tell, pretty disappointed by the whole mess. Residents should be treated better. Thank you, Gene Hunt 760-835-7848 Sent from Mail for Windows Item 2A-38 From:Sarah Castro To:Veronica Chavez Subject:FW: Sunrise 9 hole Date:Wednesday, March 22, 2023 12:19:37 PM Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png Thank you, . . Sarah Castro Administrative Assistant 760.776.6349 scastro@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . -----Original Message----- From: Laura Miller <lmillerpt@me.com> Sent: Wednesday, March 22, 2023 11:38 AM To: Sarah Castro <scastro@palmdesert.gov> Subject: Sunrise 9 hole Similar to Torrëy Pines, how about having a walk up tee time for 9 holes at half the resident rate from 6am-7am (or first hour of the day). I bet a lot of residents would like the opportunity to play 9. Laura Miller Resident Sent from my iPhone Item 2A-39 From:Todd Hileman To:Derek White; Ryan Szydlowski; Veronica Chavez Subject:Fwd: Update Date:Thursday, March 30, 2023 10:18:56 AM Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png Screenshot 2023-03-27 at 11.13.59 AM.png Original Charter Compare 2023 copy PDF.pdf We sent you safe versions of your files.msg 50yearsresized_32178492-0560-4444-b657-c0c208d02055.png Sent from my iPhone . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . Begin forwarded message: From: Kathleen Kelly <kkelly@palmdesert.gov> Date: March 30, 2023 at 10:02:19 AM PDT To: Todd Hileman <thileman@palmdesert.gov> Subject: Fw: Update FYI . . Kathleen Kelly Mayor 760.776.6316 kkelly@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 Item 2A-40 . From: Tom Walton <twalton@me.com> Sent: Wednesday, March 29, 2023 3:41 PM To: Kathleen Kelly <kkelly@palmdesert.gov>; Gina Nestande <gnestande@palmdesert.gov> Cc: Cliff Lindgren <cliff5447@gmail.com>; Kevin Fahey <faheykevin@comcast.net>; Fred Johns <nevadajohns@prodigy.net> Subject: Update Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Kathleen and Gina, Resident update for your considerations: The Desert Willow Golf Resort and Resident Card message (at the bottom) has been proudly displayed on Palm Desert’s website for decades. There is an implied value for residents who purchase a Desert Willow Golf Resort Card. They can play their courses at the discounted resident rate. But that is not true today! All Platinum Members, including the 240 Resident Platinum Members, who paid $72K in annual membership fees this season, only to find out that the implied value was not delivered. The 21-day advanced bookings privilege did not help these residents gain access as in past seasons. Palm Desert has a bitter/sweet problem at DWGR. The Public rack demand is greater than ever seen and this market is willing to pay top dollar to play DWGR. This rack is also allowed to book tee times up to 35-days in advance and they have purchased most of the tee times in season the past two years. (Sweet - Last FY DWGR’s Green Fee Budget was $7.1M and it generated $9.1M, exceeding budget by $2M. That’s a 28% revenue increase over budget - unheard of financial gain. We refer to this extra green fee revenue as “Pennies from Heaven”! This FY the Green Fee projection is $9.6M, $500K higher than last FY. (Bitter - Resident access for both the Resident Golf Memberships and the Resident Platinum Memberships is not being delivered.) Residents have proposed a solution to Staff and KSM. 1. The Resident Platinum Card strategy is outdated and obsolete. Why - because residents can’t get access 21-days in advance. 2. Resident Platinum Card expansion from 240 to 400 does not improve resident access in Item 2A-41 this market. 3. Solution — Protect 20% of the morning tee times in future seasons for the resident golf card members and challenge DWGR to maximize the non resident ADPR with the remaining 80% of the tee times. This is the only way to responsibly limit and protect any resident privilege/benefits in future years at DWGR. Residents choosing to access these protected morning tee times in season would pay for most of this resident value with an upgraded Resident Golf Membership and higher green fee rates. Those residents not wishing to upgrade would still have an opportunity to book a tee time 3-days in advance and pay the $52 resident rate. The 20% shouldn’t alarm anyone. Why? From 2009-2017 the average resident rounds sold represented 24% of the total rounds sold at DWGR. If residents are willing to pay for most of the upgraded privilege/benefit, this would relieve the resident access problem in season, it would eliminate the resident ill will built up over the past years, it would take pressure off the Champions program and upset resident golf member's letters to council would be a thing of the past. Sounds like WIN, WIN, WIN solution. Thank you for taking time to consider. We’re available to help in any discussions regarding this proposed solution. Best, Tom P.S. Something else to consider. The other side of the ledger. DWGR’s operating costs, projected to eclipse $13M this FY. Somehow, you would think there was a way to protect 20% of the morning tee times in season for residents especially when they could cover most of the opportunity cost. We would think the City could justify some opportunity cost for its 2,000 resident golf card members at this City’ flagship amenity. Item 2A-42 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: PROVIDE STAFF WITH DIRECTION ON MYLAR BALLOON ORDINANCE RECOMMENDATION: Provide staff with direction on mylar balloon ordinance. BACKGROUND/ANALYSIS: At the November 17, 2022, City Council meeting, a request was made by two City Council members to refer the suggestion of banning mylar balloons from use in Palm Desert parks to the Resource Preservation & Enhancement Committee (RPEC) for input. This item was presented to RPEC at its meeting of February 27, 2023, and upon discussion of what other cities in California have done, the members unanimously recommended that the City Council refer the item to the Coachella Valley Association of Governments (CVAG) for a potential regional ban on the sale of mylar balloons. Keeping the initial suggestion in mind, on March 7, 2023, staff presented the option of banning mylar balloons from use in Palm Desert parks to the Parks and Recreation Commission wherein it unanimously recommended that the City Council opt to ban mylar balloons city-wide. As an overview, current State law prohibits the outdoor release of any balloon constructed of electrically conductive material that is filled with a gas lighter than air as part of a public or civic event, promotional activity or product advertisement (California Penal Code Section 653.1 and Business and Professions Code Section 22942). Additionally, a new law adopted in 2022 – AB 847 – allows mylar or metallic balloons to be sold in California only if those balloons do not cause electrical faults when making contact with overhead distribution lines. Specifically, the new law requires balloons sold in California after 2027 to meet Institute of Electrical and Electronics Engineer standards. This bill helps to address the power line outage/fire problem by 2027 but does not address other environmental issues. Many cities in California (e.g. Manhattan Beach, Hermosa Beach, Redondo Beach, Solana Beach, Encinitas, Goleta, and Glendale) have adopted ordinances banning the sale and use of mylar balloons citing the number of power outages/fires caused by their use, as well as environmental harm such as the fact that they are not biodegradable and can be harmful to animals. Given the above information and Committee recommendations, staff is hereby requesting direction on the following: 1.Commencement of discussion with CVAG regarding a potential regional ban on the sale Item 2B-1 City of Palm Desert Request for Direction on Mylar Balloon Ordinance Page 2 of 2 of mylar balloons. 2.Bring forward an ordinance banning mylar balloons city-wide. 3.Bring forward an ordinance banning mylar balloons in Palm Desert parks. 4.Defer to State law prohibiting the outdoor release of any balloon constructed of electrically conductive material that is filled with a gas lighter than air (i.e. mylar balloons) as part of a public or civic event, promotional activity or product advertisement and post signage in City parks and include in special events applications indicating such. FINANCIAL IMPACT: There is no fiscal impact associated with this request. REVIEWED BY: Department Director: Eric Ceja City Attorney: Craig Hayes Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: None Item 2B-2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: APPROVE A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $78,480 WITH RISING REALTY PARTNERS FOR PROPERTY MANAGEMENT SERVICES AT THE PARK VIEW OFFICE COMPLEX LOCATED AT 73-710 AND 73-720 FRED WARING DRIVE RECOMMENDATION: 1. Approve a Professional Services Agreement (PSA) in the amount of $78,480 with Rising Realty Partners for property management services at the Park View Office Complex located at 73-710 and 73-720 Fred Waring Drive. 2.Declare Bell Properties non-responsive. 3.Authorize Director of Finance to appropriate $10,000 to account number 5104195-4309200 from unobligated enterprise fund monies for FY 2022/2023. 4.Authorize the City Attorney to make non-substantive changes to the agreement. 5.Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: Staff is working with the tenants at the Park View Office Complex to update lease agreements, refresh occupied and vacated suites, common areas, and improve the building’s façade. To manage the leases and tenants more effectively at the property, staff released a Request for Proposals (RFP) on December 9, 2022, for property management services for the two buildings that comprise the Park View Office complex. The selected property manager will be responsible for the day-to-day operations of the complex including tenant relations, marketing vacant spaces, identifying and vetting new tenants, identifying maintenance issues, and more. The City will retain responsibility for building maintenance and improvements. Although the property manager will be responsible for locating and vetting potential tenants, the City Council will have the final approval of all leases. Prior to the RFP closing date on January 27, 2023, staff held two optional RFP meetings and site walks. The first meeting was attended by one potential applicant and the second was attended by another applicant. Neither of the attendees responded to the RFP. The RFP was viewed by 253 interested parties, downloaded by sixteen, and two proposals were received, from Bell Properties and Rising Realty Partners. The proposal from Bell Properties was incomplete. The materials submitted by Bell Properties only included a resume and did not provide any of the other required information listed in the RFP. Therefore, staff is requesting that the City Council declare Bell Properties non-responsive. Rising Realty Partners (Rising), a Los Angeles based firm that manages properties throughout Item 2C-1 the United States, was the only other firm to submit a proposal. Rising and City staff met several times, onsite and via Zoom, and staff determined that Rising is a well-qualified firm with management experience of more than 50 million square feet of properties including its own properties and properties owned by other parties. If approved, Rising will be responsible for the following: • Reviewing current leases and making recommendations for updating them. • Regular enforcement of leases, as required by the City. • Marketing, advertising, and showing available units/spaces. • Performing credit and background checks and vetting prospective tenants. • Responding to tenant requests within two hours and vetting the requests for urgency before forwarding them to the City. • Having a 24-hour response time to any repair and maintenance issues. • Making recommendations to the City on late fee assessments or the need to pursue eviction for non-paying tenants. • Tracking lease renewals and initiating renewal discussions with tenants in coordination with the City. • Daily site walks to look for any visible issues, such as non-working lights, leaks in restrooms, general cleanliness, etc. • Assisting in the management of all recurring vendor contracts. • Making weekly contact with all tenants, to improve customer service • Producing a monthly property management update report. • Producing an annual budget for recommendation to the City. • Assisting in the review and validation of accounts payable and receivable, as desired by the City. • Assisting with management of other City properties upon request from the City. Rising’s original proposal included providing a full-time property manager that would be recruited from the local area at a cost of up to $110,000. Staff does not believe that the Parkview Complex needs a full-time property manager and negotiated an agreement with Rising to provide a part- time onsite property manager for up to 20 hours per week at a cost of up to $58.50 per hour. In addition to the onsite property manager’s salary, there is an annual management fee of the $1,500 per month or 1.5% of annual gross rent receipts, whichever is higher. Based on current leases, staff estimates that the fee for the first year of the agreement will be at the rate of $1,500 per month, making the annual management fee $18,000. Based on the management fee formula of 1.5% of gross rent receipts, if gross rents increase more rapidly than expected, the management fee could rise above $18,000 annually. If this occurs, the management fee will be adjusted accordingly. Item 2C-2 Below is a breakdown of contract costs. Salary per Hour Hours per Week Salary per Week Annual Management Fee at $1,500/month Total Annual Cost $58.50 20 $1,170 N/A $60,480 N/A N/A N/A $18,000 $18,000 Total Contract Cost $78,480 If hired, Rising will require a 30 to 45-day period in which it will recruit and hire a part-time onsite manager as well as familiarize itself with the complex and its leases as well as work with the City to transfer any necessary information and direction. Payment to Rising will start once the transferring period is completed and an on-site property manager is in place. Staff recommends awarding the contract in an amount not to exceed $78,480 to Rising Realty Partners for the management of the Parkview Office Complex. FINANCIAL IMPACT: Staff is requesting an appropriation of $10,000 to account number 5104195-4309200 from unobligated enterprise fund monies for the portion of the agreement that will fall into the remainder of FY 2022/2023. Funding for the balance of the agreement will be included in the FY 2023/2024 budget. REVIEWED BY: Department Director: Eric Ceja City Attorney: Carlos Campos Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Professional Services Agreement 2. Rising Realty Partners Proposal 3. Rising Realty Partners Fee Proposal 4. Commercial Property Management RFP Item 2C-3 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 9th day of March, 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 Rising Realty Partners a Limited Liability Partnership, with its principal place of business at 433 S. Spring Street, Suite 700, Los Angeles, California 90013 ("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: Property Management of 73-710 Fred Waring Drive, 73-720 Fred Waring Drive and other City of Palm Desert owned properties as negotiated. (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations 3.1.2 Term. The term of this Agreement shall be from April 13, 2023, to April 12, 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 two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Item 2C-4 Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Kayce Hawk, EVP, Property Management and Lindsey Stephenson, Director, Marketing & Client Relations. 3.2.5 City's Representative. The City hereby designates Deborah Glickman, Management Analyst, 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 Kayce Hawk, EVP Property Management, or 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 Item 2C-5 necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 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. Item 2C-6 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, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 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 Item 2C-7 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 maintain fidelity/crime 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. RESERVED. 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. Item 2C-8 (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 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 Item 2C-9 (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 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 Item 2C-10 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. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy-eight thousand four hundred eighty dollars and no cents ($78,480) without written approval of the City Council or City Manager, as applicable. 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 "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies Item 2C-11 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. 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 Item 2C-12 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 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: Rising Realty Partners 433 S. Spring Street, Suite 700 Los Angeles, California 90013 ATTN: Kayce Hawk, EVP, Property Management City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Deborah Glickman, Management Analyst 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 Item 2C-13 at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable 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. Item 2C-14 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 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 or this Agreement, 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. Item 2C-15 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 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 Item 2C-16 material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 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 2C-17 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND RISING REALTY PARTNERS 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 RISING REALTY PARTNERS LIMITED LIABILITY PARTNERSHIP By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 2C-18 EXHIBIT "A" SCOPE OF SERVICES Property Management Responsibilities for 73-710 Fred Waring Drive, 73720 Fred Waring Drive, and other City of Palm Desert owned properties as negotiated: A. Administrative duties to include: • Make recommendations for lease structure and content. • Create move-in and move-out handbooks for tenants. • Market, advertise, and show available unit/spaces. • Perform credit and background checks and vet prospective tenants. • Coordinate with City Staff to ensure prospective tenants meet City established criteria. • Prepare lease agreements and collect any other documentation required by City (i.e., insurance certificates), for leases executed by City. • Administer and enforce the provisions of all leases and make recommendations of tenancies for termination for City’s consideration. • Perform inspections and document conditions of space upon tenants moving in and moving out. • Collect rent and security deposits upon request from City • Provide keys for the spaces while maintaining secure key control. • Ask as point of contact for tenants regarding all tenancy's issues on the properties. • Responsible for tenant relationships, communications, and notices including those associated with late payments and/or eviction notices. • Available on call 24/7 for emergency and repair issues including response time for emergency call and related time to be onsite. • Terminate tenant access upon vacancies, retrieve keys, reconcile accounts, and request refund of deposits, if necessary, from City. • Provide income and expenditure reports with backup information for prospective tenants. • Provide all software required to execute the Scope of Services. • Scheduling of tenant meetings in the two (2) conference rooms. B. Repairs/Maintenance and Capital Improvements duties to include: • Ensure facilities, including common areas, are clean and in general working order and notify City of any discrepancies. • Collaborate and coordinate with City staff, contractors for major repairs, maintenance issues, and capital improvements. • Arrange for three (3) quotes for repairs and maintenance while seeking City’s approval for repair estimates. • Notify City of repairs required to be addressed for the need of the facility and tenants. • Ensure all prevailing wage jobs are properly monitored and supervised. • Oversee contractors when work is being performed at the properties managed. • Coordinate with tenants and prepare an annual Common Area Maintenance plan. Item 2C-19 EXHIBIT "B" SCHEDULE OF SERVICES Administrative items required to transfer property management from City to Consultant will begin upon execution of this agreement. Property Manager will begin prior to sixty (60) days from execution of agreement. Item 2C-20 EXHIBIT "C" COMPENSATION Property Manager – up to $58.50 per hour for up to 20 hours per week (up to $60,480 annually) Property Management Fee – The greater of $1,500 per month or 1.5% of gross rental receipts excluding tenant improvement reimbursement unless integrated into a tenant’s monthly rent. Item 2C-21 Property Management Services Prepared for City of Palm Desert January 2023 Item 2C-22 Section A: Cover Letter 2 | RISING PROPERTY MANAGEMENTItem 2C-23 For Your Consideration To Whom it May Concern:, Rising Realty Partners is a family-owned, Los Angeles-based, vertically-integrated real estate investment and operating platform specializing in creating world-class commercial properties. Our firm presently manages properties totaling over five million square feet and $1.5 billion in value. We pride ourselves on having built a strong reputation in the industry as an innovative and trusted management company through a proven track record. With hundreds of years in combined industry experience, our team has a unique understanding of the ins and outs of managing all types of asset classes and sizes. When we are brought on to manage an asset, we are equally as invested in its success as an owner could be. This is why we consider each client relationship to be a partnership. The successful management of an asset hinges on transparent communication, trust, and engagement between both parties. Your goals are our goals and your vision is our vision. We are dedicated to you as partners. Rising approaches property management as a customer service business and your tenants are our #1 customers. Rising’s ability to manage traditional and new financial models, technologies, and operational processes ensures that tenants enjoy an environment that spurs creativity and productivity. Rising will propose one full-time property manager to oversee the two assets. This person’s day to day activities would involve tenant relations, lease administration, vendor & contract management, accounts payable, accounts receivable, reporting, budgeting, and all other full service functions of property management. Providing a single dedicated manager will ensure that the City of Palm Desert is receiving the highest level of service and focus to perform per the processes and requirements of the city while properly maintaining and managing the assets for their health and longevity. Although Rising is based in Los Angeles, our use of technology enables us to continually collaborate with out of area employees as far east as Kansas City. Each manager runs operations through our task management system, creating collaboration and transparency through all levels of management within Rising. We approach each assignment with a one-team mindset in order to properly support and grow our team members in Los Angeles and beyond. Rising successfully manages and operates assets in Los Angeles, Sacramento, Las Vegas, Houston, Denver, and Kansas City. We programmatically bring the team together at regular intervals so that all non-LA based team members are engaged with the company and the team. This, in turn, increases employee retention, engagement and performance. I would welcome the opportunity to discuss plans for the management of 73710 and 73720 Fred Waring Drive and how Rising can assist your team in making your ownership and investment as efficient and successful as possible. I will be the primary contact for negotiation of terms, the agreement and compensation. Sincerely, — Kayce Hawk EVP, Property Management Rising Realty Partners kayce.hawk@risingrp.com (213) 550-4864 3 | RISING PROPERTY MANAGEMENTItem 2C-24 Section B: Experience & Technical Competence 4 | RISING PROPERTY MANAGEMENTItem 2C-25 Rising Realty Partners currently oversees the management of office properties ranging from fifty thousand to over one million square feet. Our expertise is not simply diverse in the size of assets Rising owns and manages, but also in the overall business plan execution. Examples include restoration and repositioning of historic office buildings in downtown Los Angeles totaling one million total square feet across three separate historic assets or taking a class B obsolete office asset to a current class A office asset. Rising works closely with its brokerage relationships to drive leasing, renewals, and to stay abreast of market trends. As an owner and an operator, our expertise in making recommendations that fit with a clients overall vision and business plan is our specialty. Every asset is different, there is not one size that fits all. Rising takes the time to discuss and evaluate your needs and provide you with several recommendations to achieve those goals. Furthermore, our team has a proven ability to implement positive efficiency changes, decrease operating costs, and reduce the overall impact that our buildings have on the environment. Whether a client wants to pursue a LEED certification, ENERGY Star certification, or just decrease it’s assets environmental footprint, we have the experience needed to do all of the above. Rising has seen first-hand how high-quality service and an understanding of the end user’s experience drives tenant demand and ultimate value in your real estate asset. This powers Rising’s hands-on, customer service-based property management approach, providing an experience that surpasses that of its competitors. This is what is referred to as ‘The Rising Experience’, a personalized and customer service-based property and asset management approach that is proven to add value. The Rising Experience attracts tenants, brokers, and community members alike and yields a weighted average increase of 49% in rental rates and 78% in gross sale prices. Below is a summary of a few of our property management team capabilities: ●Tenant Relations ●Rent Collection ●Property Accounting ●Project Management ●Operational Efficiencies ●Health and Wellness Expertise ●Asset Management Consulting ●Leasing Consulting ●Construction Supervision ●ESG Compliance ●Sustainability Programs & Reporting Technical Competence 5 | RISING PROPERTY MANAGEMENTItem 2C-26 50M+ SF Management Experience Building Owner’s Perspective to Maximize Value Personal Tenant Relationships + Retention LEED + Energy Star Certification Experts Higher Renewals and Expansions Fiber, Data, Wireless Telecom Services Building Automation + Automated Word Order Processing Established Vendor Relationships Strong Social Media & Community Presence Our Experience is Your Advantage 6 | RISING PROPERTY MANAGEMENTItem 2C-27 Firm Contact Info Project Details Related Fund Management JD Johnson (213) 984-4095 jdjohnson@related.com 1800 N Highland—Full-service property management of a 91,406 square foot, Class A office asset in the Hollywood submarket of Los Angeles. Columbia Property Trust Michael Schmidt (415) 814-1475 Michael.Schmidt@columbia.reit Pasadena Corporate Park—Full-service property management of two Class B office assets, totaling 257,092 square feet, and one 5,200 square foot, freestanding retail asset in the Pasadena submarket of Los Angeles. Hankey Investment Company Ron Azad (310) 973-7642 razad@hiclp.com Agoura Hills Financial Center—Full-service property management of two Class B office assets, totaling 164,436 square feet, in the Calabasas/Westlake Village submarket of Los Angeles. References 7Item 2C-28 Section C: Firm Staffing & Key Personnel 8 | RISING PROPERTY MANAGEMENTItem 2C-29 9 | RISING PROPERTY MANAGEMENT Property Management Leadership Kayce Hawk, EVP, Property Management As EVP of Property Management, Kayce Hawk manages operations, strategic planning, impact initiatives, and business development of Rising’s property management assignments and teams. Her expertise in project management combined with a prior career in accounting lends itself well to streamlining multiple projects. Since its creation in 2012, Rising has built a diverse, entrepreneurial team of experts in their respective departments. Our team has institutional and non-traditional backgrounds managing a variety of real estate assets including office, retail, data center, residential, entertainment, medical, and industrial. The caliber of our property managers is directly reflected in the quality of our management services. We assign property management team assets based on previous experience and culture-fit with the select client. One Team Mindset Rising approaches Third Party Property Management with a one team mindset. Your property management team does not stop at your dedicated general manager and assistant property manager. When it comes to creative problem solving, Rising utilizes the experiences of every manager in the company to collaborate and present innovative, efficient, and thorough solutions. Your property will be supported by the entire Rising team, including building personnel, asset managers, and accounting staff, who meet in-person or via video conference on a weekly basis. Rising instills a culture that prioritizes constant communication and collaboration in order to drive performance. This approach solidifies our foundation and is carried out in everything we do, giving us the ability to recruit the best talent of experienced and resourceful professionals. This approach is what has allowed us to attract key tenants and retain them. Item 2C-30 Staffing TBD | Property Manager As proposed, Rising would recruit, hire and train a dedicated full-time Property Manager for oversight of both assets. Our reputation for use of technology and company culture makes recruitment possible. If awarded, Rising will immediately post the job offering and engage a recruiter if necessary in order to identify the best candidate for the position. Our minimum requirements for a property manager position include: Five years or more of experience in commercial property management, bachelor’s degree, RPA or CPM preferred. All candidates go through a thorough screening and interview process prior to an offer of employment. Rising believes it is not just about putting a body in seat, but rather finding the right person for the job. Tom Childers | Property Accountant Tom Childers is a highly experienced Property Accountant currently working at Rising Realty Partners. With almost twenty years of experience in the industry, Tom is responsible for overseeing the day-to-day operations of accounting activities for properties under Rising's management. His expertise in property accounting is demonstrated by his previous roles at notable ownership firms such as JRK Property Holdings, Steadfast Companies, Avanath Realty, Transwestern Commercial Services, and RREEF Asset Management. Prior to his career in the industry, he severed in the Air Force. Tom is a graduate of the University of Phoenix, where he earned his BS in Accounting, and Devry's Keller Graduate School of Management, where he completed his MBA. He is committed to providing the highest level of service to clients and is dedicated to ensuring that financial records are accurate, timely, and compliant with all applicable laws and regulations. 10 | RISING PROPERTY MANAGEMENT We assign property management team assets based on previous experience and culture-fit with the select client. Should the need for additional personnel arise, Rising will evaluate if the need is permanent or temporary and whether it is administrative, operational or repairs & maintenance related. This thought process will guide the approach. If the need is temporary, Rising likely would leverage existing staff in Los Angeles to assist as needed or if permanent Rising would go through hiring process to identify a proper candidate. If operational or repairs and maintenance related, the personnel needed may not be direct, but provided through a third-party, such as an engineering services provider. Our strong vendor relationships will allow us to fill those needs timely and efficiently.Item 2C-31 Key Personnel Lindsey Stephenson | Director, Marketing and Client Relations Lindsey Stephenson currently serves as Director, Marketing and Client Relations at Rising Realty Partners. With over two years of industry experience and a proven track record of success in marketing and communications, Lindsey is responsible for driving the strategic direction and execution in all facets of Rising's marketing and branding initiatives, public relations, and third-party client relations. Lindsey's expertise in client relations and business development was honed during her tenure as Business Development Intern at Rising, where she spent over a year working with the team before joining full-time. Lindsey holds a MS in Marketing and a BS in Business Administration from The University of Alabama, and brings a wealth of technical expertise to her role in client relations for our third-party clients. Kayce Hawk | Executive Vice President, Property Management Kayce Hawk is the EVP, Property Management for Rising Realty Partners, overseeing management teams, day-to-day operations, and strategic planning of property management assignments. Prior to joining Rising, Kayce was a Property Manager at KG Investment Management where she managed over 4.5 million square feet of industrial product in the Kent Valley submarket of Seattle. In compliment to her prior industrial property management experiences, Kayce holds her Certified Property Manager (CPM) designation from the Institute of Real Estate Management. 11 | RISING PROPERTY MANAGEMENTItem 2C-32 Team Organization 12 | RISING PROPERTY MANAGEMENT The proposed organization of the management team, illustrated below, includes Kayce Hawk, EVP Property Management, Lindsey Stephenson, Director of Marketing & Client Relations, Property Accountant and a Property Manager. Kayce Hawk provides oversight of the entire property management team, including leading weekly team meetings and managing all processes and deadlines to clients. She also engages in regular training opportunities for team members who wish to grow their skills. Lindsey is focused on building relationships with clients to ensure that their needs are met, they are satisfied with the services and/or products provided by the company and any challenges are overcome, and the Property Manager will manage all aspects of day-to-day operations and tenant relations at the building, as supported by Kayce, Lindsey, and the accounting team.City of Palm Desert | ClientKayce Hawk | EVP, Property Management ●Property Management Team Oversight ●Process and Deadline Management ●Team Training Lindsey Stephenson | Director, Marketing & Client Relations ●Ensure Client Satisfaction With Service ●Facilitate Client Onboarding ●Quarterly Client Check-Ins TBD | Property Manager ●All Aspects of Day-to-Day Operations ●Tenant Relations Tom Childers | Property Accountant ●Day-to-Day Accounting Records & Activities ●Institutional Reporting ●Audit Support Item 2C-33 Rising’s one-team mindset, industry relationships, and nearly five million square feet of owned/managed buildings in the Greater Los Angeles Area is a key advantage in keeping operating expenses competitive and controlling costs. The largest cost of operating any asset is the major contracts: Engineering, Security, Janitorial, and Parking, as applicable. Leveraging the best rates requires economies of scale and strong relationships. Major contracts are rebid on a portfolio basis every three years to ensure predictable and competitive pricing. One elected Rising team member coordinates the bid process for the portfolio and works as the single point of contact to make the process more efficient. Wherever possible, Rising leverages the buying power of its portfolio of assets to reduce costs on services and goods needed to operate its assets. Engineering ●Rebid in 2022 ●Contract awarded to UG2 ○Maintained management fee stabilizing costs across all assets. ○UG2 provided Angus work order system at no additional cost to every asset. ●2023 Contract saving over $50k versus original budget Subcontractors Janitorial ●Rebid in 2018 ●Contract awarded to Able, which is now ABM ○Over $250k savings across the portfolio compared to prior pricing ○Contract was extended through 2021 due to COVID ●Able Contract saved $48k annually to The Park Calabasas ●Contract will be rebid in 2023 for 2024 Calendar Year Security ●Rebid in 2020 ●Contract renewed with Allied Universal ○Allied was able to reduce costs overall compared to prior budget ●Negotiated Helius technology to be included at no extra cost Parking ●Bid in 2020 ●Pricing from ABM contemplates nearby lots operated by ABM ●ABM is able to offer one attendant, on-call management, equipment management and operational management at a minimal cost due to their nearby operations and Rising’s relationships ●Projected 2021 Annual Parking Operation cost $81,500 13 | RISING PROPERTY MANAGEMENTItem 2C-34 Section D: Proposed Method for Accomplishing the Work 14 | RISING PROPERTY MANAGEMENTItem 2C-35 Property Management Rising will provide best-in-class, full-service management and operation of 73710 and 73720 Fred Waring Drive. Rising will leverage existing property management team members to provide on-site coverage and to service the asset remotely, off-site. Rising has the unique advantage and collective experience from its repositioning of several assets, and our culture of collaboration between departments lends itself to a complimentary partnership which will execute seamlessly on your business plan. We will manage your asset with the same attention to detail as we do our own. Rising’s Purpose Statement is to “Create Great Places” and on behalf of the City of Palm Desert, we will curate a best-in-class experience. Initially, Rising would propose to set-up a kick-off meeting with key personnel at City of Palm Desert who will be involved in the asset management. The purpose of this meeting will be to set expectations and discuss the general vision and business plan for the assets. The result of this meeting will be Rising preparing proposals on various ways to achieve those goals and working with the City on solidifying an agreed upon plan, which Rising will execute on. If transitioning from an incumbant management company to Rising, Rising will provide a transition checklist, set up a shared drive and schedule weekly transition meetings to track progress on checklist items needed from the outgoing company. Standard items completed in the first year include thorough and documented property inspections used to identify any maintenance, repair or capital issues that need to be addressed. These inspection reports can be delivered to the City. All existing service contracts will be evaluated and all services rebid to ensure the City is getting the best pricing and services. Monthly management reports, including narratives of property operations, vacancy, leasing activity, and financials are delivered per deadlines. The annual budget will be drafted and delivered per deadlines. Bids will be obtained for any additional items required or discussed as it relates to the business plan for the assets. The existing marketing of the buildings for lease will be evaluated and recommendations made to the City on ways to improve outreach and exposure to potential tenants. The Method 15 | RISING PROPERTY MANAGEMENTItem 2C-36 The Method 16 | RISING PROPERTY MANAGEMENT Construction Management From major tenant improvement projects to exterior, common area and mechanical system renovations, Rising will manage the construction process from scope development to sourcing architects where required, city permitting, bidding of projects to multiple vendors, and total project management. Our construction management team works in coordination with our property management teams to ensure fluid communication to ownership and residents. Rising is adept at completing projects within occupied buildings with minimal disruption to our residents. Management Reporting Rising will provide monthly management reports to ownership which include a narrative summarizing the previous months activities for property operations, repair & maintenance, leasing & marketing, occupancy rates & move-in/move-out summaries, capital projects, and a high-level financial performance overview. In addition, a detailed budget variance report with comments on all variances above the agreed upon threshold and detailed accounts receivable comments and collection efforts. Item 2C-37 Month 1 ●Task 1 - Detailed Property Inspections ○Reports will be delivered to City ●Task 2 - Leases Correctly Set-Up in Yardi ○Deliver Accurate Rent Rolls to City ●Milestone - Kick-Off Meeting with City to Discuss Vision and Business Plan Goals ●Milestone - Meet & Greet All Tenants Month 2 ●Task 1 - First monthly report completed ○Report delivered to City ●Task 2 - Send out request for updated COIs ○Receive and File all new Tenant COIs ○Receive and File all new Vendor COIs ●Milestone - Service Contract Matrix Completed Month 3 ●Task 1 - Prepare RFPs for all service contracts ○Deliver draft RFPs to City for review ●Milestone 1 - Meet with City regarding Rising proposed strategies to achieve business plan Year One Schedule 17 | RISING PROPERTY MANAGEMENT Month 4 ●Task 1 - Send out RFPs to vendors for services being re-bid. ●Task 2 - Begin planning first quarterly tenant event ○Deliverable - Propose event and budget to City for approval Month 5 ●Task 1 - Prepare site walks and RFPs for approved business plan strategies. ●Task 2 - Schedule vendor walks for service RFP responses. ●Milestone - Host first tenant event Month 6 ●Deliver vendor contract service RFP responses, including bid summary, to the City for review and approval. ●Deliver RFP responses for business plan strategy work to the City. ●Milestone - Meet with the City to discuss bids/costs associated with business plan strategiesItem 2C-38 Month 7 ●Award contracted services contracts per approval from the City ○Draft new service contracts and set start date ●Meet with City to decide on timing of business strategy work/costs . Month 8 ●Onboard new vendor service contractors and monitor performance first 90 days. ●Kick-Off annual Tenant Satisfaction Survey process Month 9 ●Tenant Satisfaction Survey active and requests to participate sent out to tenants. ●Approval from City on timing of business plan strategy work and/or related capital work for placement in the budget. Year One Schedule Ctd. 18 | RISING PROPERTY MANAGEMENT Month 10 ●Draft budgets submitted for review and approval ●Tenant Satisfaction Survey results received, reviewed, action plans completed and submitted to City. ●Begin planning holiday tenant event Month 11 ●Final Budget Draft approved by City, and includes all vendor changes and approved capital improvements per the business plan.. ●Schedule building holiday decor installation Month 12 ●Host holiday tenant event ●Participate in annual BOMA Toy Drive at both buildings ●Review Year End Checklist to ensure all year end financial items are properly accounted for and adjusted in the books.Item 2C-39 Kayce Hawk EVP, Property Management Rising Realty Partners 433 S. Spring St., Suite 700, Los Angeles, CA 90013 213 550 4864 kayce.hawk@risingrp.com Thank You Item 2C-40 Item 2C-41 REQUEST FOR PROPOSAL 2022-RFP-156 COMMERCIAL PROPERTY MANAGEMENT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RELEASE DATE: December 9, 2022 DEADLINE FOR QUESTIONS: December 30, 2022 RESPONSE DEADLINE: January 27, 2023, 2:00 pm RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: https://secure.procurenow.com/portal/cityofpalmdesert Item 2C-42 City of Palm Desert REQUEST FOR PROPOSAL Commercial Property Management I. Background and Introduction ............................................................... II. Notice Inviting Proposals ...................................................................... III. Requests for Clarification ...................................................................... IV. Content and Format of Proposal ........................................................... V. Evaluation Criteria ................................................................................ VI. Selection Process .................................................................................. VII. Protests................................................................................................. VIII. Submittal Requirements ....................................................................... IX. General Conditions ............................................................................... X. Scope of Services .................................................................................. Attachments: A - Sample Professional Services Agreement Item 2C-43 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 3 1. BACKGROUND AND INTRODUCTION 1.1. Summary The City of Palm Desert (“City”) is requesting proposals from qualified firms (“Proposers”) for Professional Services - Commercial Property Management (“Services”) to establish a Professional Services Agreement ("Agreement"). To serve and promote the welfare of its residents, the City intends to procure the Services, as described below. The City desires professional property management for the Park View Office Complex (including leasing, maintenance and related activities) 1.2. Background The City is a charter city in the State of California. The City is a thriving community of approximately 50,000 full-time and 32,000 seasonal residents. It is located in the Coachella Valley in eastern Riverside County, part of the low desert region of Southern California. The City features big-city resources in a friendly, small-town setting, offering first class educational opportunities, safe and clean streets, as well as plentiful shopping and community events. Palm Desert is considered the geographical, educational and retail center of the Coachella Valley. Incorporated in 1973, the City operates under a council-manager form of government with a five- member City Council elected at large. Each council member serves a four-year term. The City Council meets on the second and fourth Thursdays of the month at Palm Desert City Hall, 73-510 Fred Waring Drive. 1.3. Contact Information Project Contact: Deborah Glickman Management Analyst 73510 Fred Waring Dr Palm Desert, CA 92260 Email: dglickman@cityofpalmdesert.org Phone: (760) 776-6441 Procurement Contact: Richard Trupiano Buyer 73-510 Fred Waring Drive Palm Desert, CA 92260 Email: rtrupiano@cityofpalmdesert.org Phone: (760) 776-6327 Department: Economic Development Item 2C-44 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 4 1.4. Timeline The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time. Release of Request for Proposal December 9, 2022 Pre-Proposal Meeting (Non-Mandatory) December 16, 2022, 10:00am Meeting in Person or Zoom: Zoom Meeting https://palmdesert.zoom.us/j/89543549177pwd=e UdqZ2p5Y0RXSVVtSjJDYzU2QVJhQT09 Meeting ID: 895 4354 9177 Passcode: 773844 Last Day to Submit Questions for Clarification December 30, 2022, 2:00pm Clarifications Issued by City on or before January 13, 2023, 2:00pm Deadline for Receipt of Proposals submitted on or before January 27, 2023, 2:00pm Notification of Finalist(s) February 6, 2023 Interview of Finalist(s) February 10, 2023 Notification of Intent to Award February 16, 2023 Authorization to Negotiate Contract March 9, 2023 Item 2C-45 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 5 2. NOTICE INVITING PROPOSALS 2.1. NOTICE RFP No.: 2022-RFP-156 Project Title: Commercial Property Management Project No. (if applicable): N/A PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Palm Desert (“City”) electronically through the City of Palm Desert’s ("City") online bid management provider (“OpenGov Procurement”), until 2:00 pm, Friday, January 27, 2023. Proposals may not be submitted by fax, email, telephone, mail, hand delivery, or other means; any proposals received through any means other than OpenGov Procurement will be returned to the proposer unopened. The City is requesting proposals to provide: Commerical Property Management The award of this contract is subject to available budget adequate to carry out the provisions of the proposed Agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City. The City of Palm Desert is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community. 2.2. SCOPE OF SERVICES The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in the Scope of Services Section, incorporated herein by this reference. Notwithstanding the inclusion of such Services in the Scope of Services Section, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached, and incorporated herein by this reference. 2.3. LICENSE REQUIREMENTS Unless otherwise provided in the Instructions for Bidders, each Bidder shall be licensed or certified if required by the nature of the services offered throughout the time it submits its Bid and for the duration of the Contract: California Real Estate License 2.4. REGISTRATION Interested proposers may register as vendors and download the Request for Proposals (“RFP”). To register, visit the City's electronic bidding website, OpenGov Procurement, and proceed to "Subscribe" as a vendor with the City to receive new project notifications. Interested proposers may "Follow" the RFP to view and/or download the RFP details, receive addenda alerts and notices, and draft and submit a response. Item 2C-46 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 6 2.5. PRE-PROPOSAL MEETING Each Proposer is requested to attend a “non-mandatory” pre-proposal meeting to be held at 10:00 am on Friday, December 16, 2022, at Meeting in Person or Zoom: Zoom Meeting https://palmdesert.zoom.us/j/89543549177pwd=eUdqZ2p5Y0RXSVVtSjJDYzU2QVJhQT09 Meeting ID: 895 4354 9177 Passcode: 773844. Failure to attend this meeting will not preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the Services requested. Item 2C-47 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 7 3. REQUESTS FOR CLARIFICATION All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing VIA THE "Q&A" tab through the City’s online bid management provider (“OpenGov- Procurement”). All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted through OpenGov-Procurement. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be received in writing by 2:00 pm (local time) on Friday, December 30, 2022. Item 2C-48 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 8 4. CONTENT AND FORMAT OF PROPOSAL 4.1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Item 2C-49 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 9 *Response required 4.2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ☐ Please confirm *Response required 4.3. SAM.gov* Please enter your legal entity name for SAM.gov verification. *Response required 4.4. Type of Business* ☐ C Corporation (if corporation, two signatures are required) ☐ S Corporation (if corporation, two signatures are required) ☐ Limited Liability C Corporation (if corporation, two signatures are required) ☐ Partnership ☐ Limited Liability Partnership ☐ Sole Proprietor/Individual Item 2C-50 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 10 ☐ Other *Response required 4.5. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). *Response required 4.6. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. *Response required 4.7. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). *Response required 4.8. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing. *Response required 4.9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number *Response required Item 2C-51 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 11 4.10. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* ☐ Please confirm *Response required Item 2C-52 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 12 5. EVALUATION CRITERIA The City will evaluate proposals based on the following criteria: No. Evaluation Criteria Scoring Method Weight (Points) 1. Clarity and conformance of proposal to the RFP 0-5 Points 10 (10% of Total) 2. Content of the proposal, including the work plan 0-5 Points 25 (25% of Total) 3. Proposer’s experience and performance 0-5 Points 35 (35% of Total) 4. Team members’ experience and performance 0-5 Points 10 (10% of Total) 5. References 0-5 Points 5 (5% of Total) 6. Fee proposal 0-5 Points 15 (15% of Total) Item 2C-53 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 13 6. SELECTION PROCESS A. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. B. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable NO VALUE with the selected Proposer. In the event that the City is unable to reach Agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired. C. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement. The City Council has the final authority to approve or reject the Agreement. Item 2C-54 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 14 7. PROTESTS 7.1. Protest Contents Protests based on the content of the RFP shall be submitted to the office of the City Clerk, 73-510 Fred Waring Drive, Palm Desert, CA 92260 no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City Clerk's office (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 pm of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest will waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived. 7.2. Agency Review The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. Item 2C-55 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 15 8.SUBMITTAL REQUIREMENTS 8.1. General It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement. 8.2. Preparation Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal. 8.3. Site Examination Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement. 8.4. Authorization The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer. 8.5. Confidentiality of Proposal Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement. If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the Item 2C-56 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 16 information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents 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. Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this RFP. 8.6. Submittal Instructions The proposal must be received no later than 2:00 pm, on or before Friday, January 27, 2023 through the City’s electronic bidding system, OpenGov Procurement. It is solely the responsibility of Proposer to see that its proposal is properly submitted in #Content and Format of Proposal in proper form and prior to the stated closing time. The City’s electronic bidding system will not accept late proposals. The City will only consider proposals that have transmitted successfully and have been sent an email with a time stamp from the City’s electronic bidding system indicating that the proposal was submitted successfully. Proposers shall be solely responsible for informing themselves with respect to the proper utilization of the City’s electronic bidding system, ensuring the capability of their computer system to upload the required documents, and the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk, and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the proposal submission process may contact OpenGov Procurement Support using the instant help chat function (located at the bottom right of the screen while on the website) during business hours, or by emailing support@procurenow.com. Neither the City nor OpenGov Procurement make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the proposal submission date and/or time. Item 2C-57 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 17 9. GENERAL CONDITIONS 9.1. Federal Requirements If the Services are funded through a federal funding source, the successful Proposer and its subconsultants/subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached and incorporated herein by this reference. 9.2. Amendments to RFP The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for clarification. 9.3. Amendments to Proposals Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals. 9.4. Non-Responsive Proposals A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. 9.5. Costs for Preparing The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected. 9.6. Cancellation of RFP City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP. 9.7. Price Validity Prices provided by Proposers in response to this RFP are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded. 9.8. No Commitment to Award Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP. Item 2C-58 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 18 9.9. Right to Negotiate and/or Reject Proposals City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax- paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City’s requirements. 9.10. Non-Discrimination The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract. The City's commitment to diversity and inclusion can be found here. Item 2C-59 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 19 10. SCOPE OF SERVICES 10.1. Scope of Work The City of Palm Desert is seeking qualified commercial property management firms with experience in managing the operational needs of a commercial office complex with two buildings and approximately 25 offices. Property Management Responsibilities: A. Administrative duties to include: Marketing, advertising, and showing available unit/spaces, while performing credit and background checks and vetting of prospective tenants. • Coordinate with City Staff to ensure prospective tenants meet City established criteria. • Prepare lease agreements and collect any other documentation required by City (i.e., insurance certificates), for leases executed by the City. • Administer and enforce the provisions of all leases and make recommendations of tenancies for termination for the City’s consideration. • Perform inspections and document conditions of space upon tenants moving in and moving out. • Collect rent, security deposits, and provide keys for the spaces while maintaining secure key control. • Point of contact for tenants regarding all tenancy's issues on the properties. • Responsible for tenant relationships, communications, and notices including those associated with late payments and/or eviction notices. • Available on call 24/7 for emergency and repair issues including response time for emergency call and related time to be onsite. • Terminate tenant access upon vacancies, retrieve keys, reconcile accounts and request refund of deposits, if necessary, from City. • Provide income and expenditure reports with backup information for prospective tenants. B. Repairs/Maintenance and Capital Improvements duties to include: • Ensure facilities, including common areas, are clean and in general working order and notify City of any discrepancies. • Collaborate and coordinate with City staff, contractors for major repairs, maintenance issues, and capital improvements. • Arrange for three (3) quotes for repairs and maintenance while seeking City’s approval for repair estimates. • Notify City of repairs required to be addressed for the need of the facility and tenants. Item 2C-60 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 20 • Ensure all prevailing wage jobs are properly monitored and supervised. • Oversee contractors when work is being performed at the properties managed. • Coordinate with tenants and prepare an annual Common Area Maintenance plan. C. Consulting Services: • Provide consulting services in matters relating to additional property management, operational needs, and lease negotiations. • Provide a fee structure for consulting services outside the scope of this RFP for extraordinary circumstance. In the interest of understanding the nature of the prospective assignment, physical highlights of some of the property’s composition are provided below. Please note that the information provided below for the subject properties are based on information that was available at the time of the RFP preparation and are subject to change. 10.2. Vendor Requirements Licensing or certifications: State of California Real Estate License preferred. Minimum years of experience: Five (5) years. Insurance as required by the City. 10.3. Description of Property Property Addresses: 73710 Fred Waring Drive, Palm Desert, CA Number of Suites: 23 Number of Conference Rooms: 2 Number of Occupied Suites: 9 Number of Tenants: 11 Tenant Type: Government, Private Sector, Non-Profit Square Footage: 35,280 Stories: 2 Year Built: 1991 Property 2 Address: 73720 Fred Waring Drive, Palm Desert, CA Number of Suites: 2 Number of Conference Rooms: 0 Number of Occupied Suites: 2 Item 2C-61 Request For Proposal #2022-RFP-156 Title: Commercial Property Management 21 Number of Tenants: 2 Tenant Type: Government Square Footage: 21,250 Stories: 1 Year Built: 1992 Item 2C-62 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 13, 2023 PREPARED BY: Anthony Mejia, City Clerk REQUEST: APPROVE THE USE OF AN OUT OF STATE TRAVEL REQUEST FORM RECOMMENDATION: Approve the use of an Out of State Travel Request Form. BACKGROUND/ANALYSIS: On March 9, 2023, the City Council considered a request for authorization for out-of-state travel for Mayor Pro Tem Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) Conference in New York, New York. The City Council requested a City Council Subcommittee, consisting of Mayor Kelly and Councilmember Harnik, to review the travel policy for best practices. On March 31, 2023, the City Council Subcommittee met with staff to review the current travel policy. Staff collected and reviewed travel policies from nine (9) other cities and found that most policies require City Council approval for out of state travel and similarly classify the following as eligible for travel and expense reimbursement: • Meetings with government and business leaders; • Conferences, training and educational trips on behalf of the City, including visiting other governments to discuss and observe best practices; • Lobbying trips, when a benefit to the City can be defined, such must be reported to the State quarterly; • Business-related trips where a benefit to the City can be defined. The City Council Subcommittee did not find a need to revise the travel policy. Instead, the Subcommittee recommends the use of an Out of State Travel Request Form to enhance public transparency and to provide the City Council with supporting information on the proposed conference/event and the benefits to the City. Given that new requests for out of state travel are rare, these requests should be considered extraordinary and listed on the City Council action calendar. If use of the form is approved, Mayor Pro Tem Quintanilla will be requested to complete the form for the NALEO Conference for consideration at an upcoming meeting. FINANCIAL IMPACT: There is no fiscal impact associated with this action. Item 2D-1 City of Palm Desert Out of State Travel Request Form Page 2 of 2 REVIEWED BY: City Clerk: Anthony J. Mejia Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Out of State Travel Request Form 2.R-2016-80 - Palm Desert Travel and Expense Reimbursement Policy Item 2D-2 City Council Out of State Travel Request Form Councilmember(s): ________________________________________________________________ Conference Name: ________________________________________________________________ Conference Host: ________________________________________________________________ Trip Dates: ________________________________________________________________ Loca�on: ________________________________________________________________ Is the conference/event per�nent to local government business? Yes No Is a similar conference/event available in California? Yes No Is the conference/event non-par�san: Yes No Is this a one-�me or recurring request? One-Time Request Recurring Frequency:______________ Conference/Event Descrip�on: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Benefit to the City of Palm Desert: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Addi�onal Informa�on: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Registra�on Cost: ________________________________________________________________ Airline Cost (es�mate): ________________________________________________________________ Hotel Cost (es�mate): ________________________________________________________________ Funding Available: Yes No Acct. No: _________________________________________________ Is addi�onal funding needed: Yes No Funding Source: _________________________________ Please atach the event program or agenda Item 2D-3 Item 2D-4 Item 2D-5 Item 2D-6 Item 2D-7 Item 2D-8 Item 2D-9 Item 2D-10 Item 2D-11 Item 2D-12 Item 2D-13 Item 2D-14 Item 2D-15 Item 2D-16 Item 2D-17 Item 2D-18