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0 Agenda Packet 2023-04-27
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 27, 2023 1:30 p.m. Study Session 3:00 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 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 9 3:00 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: April 13, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 73710 Fred Waring Drive, Suites 203 and 205 Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Coachella Valley Association of Governments Under Negotiation: Price and Terms 2. 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. 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Councilmember Nestande INSPIRATION: Councilmember Trubee REPORT OF CLOSED SESSION: City Attorney Hargreaves AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 9 AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION – WORLD WISH DAY B. PROCLAMATION – HIGH SCHOOL ATHLETICS CITY MANAGER COMMENTS A. EMERGENCY MANAGEMENT UPDATE MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION NONAGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may attend in person or utilize one of the three options listed on the last page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 1. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. A. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES RECOMMENDATION: Approve the Minutes of April 13, 2023. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for the period of March 10, 2023, through April 13, 2023. C. RECEIVE AND FILE THE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE FOR KATSUYAMA F&B, INC., DBA KATSUYAMA, 74990 COUNTRY CLUB DRIVE STA 330A RECOMMENDATION: Receive and file the application for Alcoholic Beverage License for Katsuyama F&B, Inc. AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 9 D. AWARD A CONTRACT FOR THE NORTH SPHERE FIRE STATION OFFSITE IMPROVEMENTS TO ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., IN THE AMOUNT OF $274,254.10 (PROJECT NO. 762-23) RECOMMENDATION: 1. Award a Contract for the North Sphere Fire Station Offsite Improvements to Engineering Resources of Southern California, Inc., in the amount of $274,254.10. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. E. APPROVE CHANGE ORDERS TO CONTRACT NOS. C44620A-C FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $2,250,000 (PROJECT NO. 773-23) RECOMMENDATION: 1. Approve Change Order 1 to Contracts C44620A, C44620B, and C44620C in the amount of $2,250,000 to increase the annual aggregate amount to $3,000,000 in Fiscal Year 2023/24 and FY 2024/25 as authorized by Section 3.30.160 Section I of the City of Palm Desert Municipal Code. 2. Authorize an additional amount of $402,740 to the 2022/23 agreements for a total amount not to exceed $750,000 in aggregate. 3. Appropriate $115,000 from Committed General Fund Balance from the Facility Reserves and transfer to the Aquatic Center Fund into Account No. 2424195-4400100 (CIP - Aquatic Center). 4. Authorize the City Manager to review and approve up to two amendments/extensions per vendor contract for an aggregated amount not to exceed $3,000,000 per fiscal year. 5. Authorize the City Manager or designee to review change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335. 6. Authorize the Mayor to execute the change order. F. APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C41370 WITH PALMER ELECTRIC, INC., FOR ADDITIONAL ON-CALL ELECTRICAL SERVICES IN THE AMOUNT OF $50,000 (PROJECT NO. 928-21) RECOMMENDATION: 1. Approve Change Order No. 2 to Contract No. C41370 with Palmer Electric, Inc., for additional on-call electrical services during FY 2022/23 in the amount of $50,000 for a total annual amount of $225,000. 2. Approve Amendment No. 1 to Contract No. C41370 with Palmer Electric, Inc., for a one-year extension in an annual amount not to exceed $225,000. 3. Authorize the City Manager or designee to review and execute additional change orders for unanticipated conditions per Section 3.30.170 A of Ordinance No. 1335. AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 9 G. REJECT ALL BIDS AND EXTEND CONTRACT WITH YMCA FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER FOR AN ADDITIONAL SIX-MONTH TERM RECOMMENDATION: 1. Reject all bids submitted under Request for Proposals “Management and Operations of the Palm Desert Aquatic Center”. 2. Approve Amendment No. 5 to extend Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”) of Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center for a 6-month term in the amount of $82,500 plus reimbursement of additional costs included in the agreement in the amount of $880,069 for a total amount not to exceed $962,569. 3. Authorize the Mayor to execute said amendment. H. AWARD A CONTRACT TO M & M SWEEPING, INC., OF THOUSAND PALMS, CALIFORNIA, FOR CITYWIDE SWEEPING SERVICES IN THE ANNUAL AMOUNT OF $230,917, PLUS EXTRA SWEEPING SERVICES UP TO THE AMOUNT OF $25,000 (PROJECT NO. 754-24) RECOMMENDATION: 1. Award a three (3) year Contract with an option of two, one-year extensions to M & M Sweeping, Inc., of Thousand Palms, California, for Citywide Sweeping Services in the annual amount of $230,917. 2. Authorize extra sweeping services in an annual amount not to exceed $25,000. 3. Authorize the City Manager or designee to review and approve three contract amendments/extensions up to the established contract amount 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 agreement. I. APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY- OWNED BUILDINGS IN THE AMOUNT OF $250,000 RECOMMENDATION: 1. Approve Change Order No. 1 to Contract No. C44600 with Garland/DBS, Inc., for roof repairs and related services on City-owned buildings in the amount of $250,000, increasing the annual contract amount to $500,000. 2. Appropriate $146,177 from General Fund Balance committed to Facility Reserves and transfer to Building Maintenance Fund, Account No. 4504164-4388500 for the Artists Council re-roof in Fiscal Year 2022/23. 3. Authorize the City Manager or designee to review and execute one-year extensions/amendments at established contract amount, and any change orders per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the Mayor and/or City Manager to execute Change Order No.1 to the agreement. AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 9 J. HOUSING AUTHORITY - AWARD A CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF THOUSAND PALMS, CALIFORNIA, FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION IN THE AMOUNT OF $2,274,467.70 (PROJECT NO. 819-20) (HA) RECOMMENDATION: 1. Award a Contract for the One Quail Place Parking Lot Rehabilitation to Jacobsson Engineering Construction, Inc., of Thousand Palms, California, in the total amount of $2,274,467.70. 2. Authorize the Finance Director to set aside 20% contingency or $454,893.54 for unforeseen conditions. 3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount of $454,893.54 for unforeseen conditions. 4. Appropriate $1,157,629.59 from the Housing Authority’s Committed Reserve Funds to Account No. 8714195-4331100, Housing Authority Replacement Expenditures. 5. Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the actions taken herewith. 6. Authorize the Executive Director or designee to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project. K. RECEIVE AND FILE A LETTER OF SUPPORT FOR A PARAMEDIC TRAINING PROGRAM AT THE COLLEGE OF THE DESERT RECOMMENDATION: Receive and file the letter of support for a paramedic training program at the College of the Desert. L. RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS FOR THE MONTHS OF JANUARY AND FEBRUARY 2023 RECOMMENDATION: Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the months of January and February 2023. AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 9 M. APPROVE APPROPRIATION, ASSOCIATED TRANSFERS, AND INCREASE IN ESTIMATED REVENUE ASSOCIATED WITH AWARDED URBAN COMMUNITY DROUGHT RELIEF FUNDING FOR TURF CONVERSION PROGRAMS RECOMMENDATION: 1. Acknowledge award of Urban Community Drought Relief Funding in the amount of $262,321 for residential and commercial turf conversion programs bringing total turf conversion funding allocation for FY 2022/2023 to $1,762,321. 2. Approve an appropriation of $262,321 to be transferred from the General Fund Reserves into Account No. 4004437-4391503 (Turf Retrofit) and an increase in estimated revenue of $262,321 to Account No. 4000000-3499500 (Reimbursement from other governments). 3. Authorize the City Manager to sign all necessary documents associated with the Urban Community Drought Relief Program, approved as to form by the City Attorney. N. APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $117,000 WITH COLDWELL BANKER RICHARD ELLIS (CBRE) FOR REAL ESTATE ADVISORY SERVICES RELATED TO THE SHOPS AT PALM DESERT LOCATED AT 72-840 HIGHWAY 111 RECOMMENDATION: 1. Approve a Professional Services Agreement with Coldwell Banker Richard Ellis (CBRE) in the amount of $117,000 for on-going real estate advisory services for The Shops at Palm Desert. 2. Authorize the City Manager to execute the agreement and make any amendments necessary to effectuate services. O. RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO THE CITY AND TO CONSENT TO THE RECORDATION THEREOF RECOMMENDATION: Adopt a resolution authorizing the City Manager to accept deeds or grants conveying an interest in real estate or real property to the City and consent to the recordation thereof. P. AWARD A CONTRACT TO JOHN KALISKI ARCHITECTS, INC., FROM LOS ANGELES, CALIFORNIA, TO PREPARE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY AND MIXED-USE HOUSING PROJECTS IN THE AMOUNT OF $149,774 RECOMMENDATION: 1. Award contract to John Kaliski Architects, Inc., from Los Angeles, California, to prepare objective design standards for multifamily and mixed-use housing projects in the amount of $149,774. 2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement, and to finalize and execute any documents necessary to effectuate the actions taken herewith. AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 9 CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. PROVIDE DIRECTION ON AND AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR OPERATION OF THE PALM DESERT IHUB RECOMMENDATION: 1. Provide staff with direction on a Request for Proposals for the Palm Desert Innovation Hub (iHUB). 2. Authorize staff to advertise a Request for Proposals for operation of the iHUB. 3. PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda. A. INTRODUCE ORDINANCE AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE, INCLUDING UPDATES TO TITLE 25, ZONING RECOMMENDATION: That the City Council introduce, by title only, an Ordinance amending and updating various sections of the Palm Desert Municipal Code including updates to Title 25, Zoning. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, April 27, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 9 of 9 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 [This page has intentionally been left blank.] Awards and Presentation Item 0+-1 [This page has intentionally been left blank.] From:Paulette Quaid To:CouncilMeeting Comments Subject:5 Districts for Palm Desert Date:Wednesday, April 19, 2023 6:59:48 AM Dear City Council Members: We voters of Palm Desert passed Measure B in the last city election wherein Palm Desert would move from two districts only to 5 districts. We are ready to see this come to fruition so that all of Palm Desert can be fully represented. We are waiting for you to make this happen so we can vote for our representative in 2024! Sincerely, Paulette Quaid Palm Desert Resident Non Agena Public Comment-1 From:Diane Farber To:CouncilMeeting Comments Subject:Palm Desert vote for 5 districts Date:Wednesday, April 19, 2023 9:49:57 AM Dear City Council Members, Palm Desert voters voted on Measure B to establish 5 districts. We want a representative that lives in our district and deals with issues in our district! Why hasn’t the city council established 5 districts? Please move forward ASAP, so we can vote for a district representative in 2024!! The voters have Spoken!! What is the delay? Diane Farber 233 Camino Arroyo N Palm Desert, CA. 92260 Sent from my iPad Non Agena Public Comment-2 Non Agena Public Comment-3 From:City Hall Mail Cc:Martin Alvarez; Randy Chavez; Níamh Ortega Subject:FW: Haystack Rd Stop signs and improvements Date:Thursday, April 20, 2023 8:45:55 AM Attachments:Screen Shot 2023-04-19 at 3.20.08 PM.png Good morning Mayor & City Councilmembers (blind copied) Please see the email below from resident Samuel Vella. I have cc’d Martin and Randy to keep them informed as well as Niamh to include in public comments. Please let me know if you have any questions. Thank you, Erika From: Sam Vella <drsamvella@yahoo.com> Sent: Wednesday, April 19, 2023 3:39 PM To: City Hall Mail <cityhall@palmdesert.gov>; Information Mail <info@palmdesert.gov> Subject: Haystack Rd Stop signs and improvements Hello City Council Members,My name is Samuel Vella, I live at 73050 Callianda St. in Palm Desert and I’m a business owner (Palm Desert Chiropractic) here in Palm Desert. I’d first what to start out by staying “Thank you” for installing the stop signs on Haystack Rd. This has not Hello City Council Members, My name is Samuel Vella, I live at 73050 Callianda St. in Palm Desert and I’m a business owner (Palm Desert Chiropractic) here in Palm Desert. I’d first what to start out by staying “Thank you” for installing the stop signs on Haystack Rd. This has not only slowed much of the traffic in the Haystack Rd area, but also has made a noticeable difference in reducing the noise from cars racing up and down Haystack Road. The sound, or lack of, was an incredible improvement since day one. I also have felt much safer with my children when crossing Haystack Rd as pedestrians. The addition to these stops signs has been a wonderful improvement to the community. The only downside I have noticed since the addition of the stop signs is the uptick in fast cars and vehicles trying to avoid the stop signs by using Calliandra St. I live on Calliandra and we have 3 young children ages 2, 6 and 8. A dramatic increase in vehicles traveling much above the speed limit in efforts to avoid the stops signs has been very unsettling. In what is usually known as a very mellow, slow and safe street (a big reason of buying a home on Calliandra) this street now scary at times with the increased speeding traffic and I wanted to bring this the the City of Palm Desert attention. My thoughts as to what could be done are either speed bumps on Calliandra or, at the least, putting another stop sign at the intersection of Calliandra St. and Calico Cactus Lane. Calico cactus is in exactly the middle of the length of road of Calliandra that drivers use to avoid the stop signs on Haystack and a stop sign here, should slow traffic immensely as they did on Haystack. I would like to thank the City for considering this issue and the importance of it. We have already had a pedestrian death within the last month on this quiet street and we sure don’t need another accident. I am strongly requesting and asking the city to look into this matter to prevent any further injuries from occurring. I can be reached for questions or comments anytime at 619-348-7269. Thank you, Samuel Vella 73050 Calliandra St. Palm Desert, CA. 92260 619-348-7269 Non Agena Public Comment-4 Thursday, April 13, 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, April 13, 2023, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. ROLL CALL: Present: Councilmembers Jan Harnik, Gina Nestande, Karina Quintanilla, and Evan Trubee; and Mayor Kathleen Kelly. Absent: None. PLEDGE OF ALLEGIANCE: Councilmember Trubee led the Pledge of Allegiance. INSPIRATION/INVOCATION: Mayor Kelly offered words of inspiration. REPORT OF CLOSED SESSION: City Attorney Hargreaves stated no reportable actions were taken. PRESENTATIONS: Mayor Kelly noted that April is Donate Life Month and spoke on the importance of organ donation. CITY MANAGER'S COMMENTS: A.INTRODUCTION OF CITY ENGINEER City Manager Hileman welcomed City Engineer Maria Fraser who recently joined the City’s team and noted she and Capital Projects Director Culpeper would be working closely together on a number of projects. Item 1A-1 MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION: All councilmembers reported on their attendance and participation in various meetings and events. Mayor Pro Tem Quintanilla encouraged residents to participate in the upcoming LifeStream mobile blood drive and announced Palm Desert’s Arbor Day plan to plant 50 trees for its 50th anniversary. Councilmember Harnik invited the public to attend an open house for Southern California Association of Governments’ 2024 plan update to the SoCal Connect program. Mayor Kelly invited the public to take the Mayor’s Water Conservation Pledge at mywaterpledge.com. NONAGENDA PUBLIC COMMENTS: Chris Harris, Palm Desert resident, urged the City Council to streamline the permit process for rooftop solar installation. 1.CONSENT CALENDAR: MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the consent calendar. A.APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to approve the Minutes of March 23, 2023. B.APPROVAL OF WARRANTS MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to 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. 56422) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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. Item 1A-2 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. 93323) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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. 95923) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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 CONTRACT NO. C45050 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. 90624) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1.Award a three-year Contract No. C45050 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. Item 1A-3 G. AWARD CONTRACT NO. C45060 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. 90924) MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Award a three-year Contract No. C45060 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1392. I. ADOPT RESOLUTION NO. 2023009 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Adopt Resolution No. 2023-009 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. Item 1A-4 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 MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 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. EXCLUDED CONSENT CALENDAR: None. 1. ACTION CALENDAR: A. DESERT WILLOW RESIDENT PROGRAM RECOMMENDATIONS AND OPTIONS TO RESOLVE CONCERNS IN 2023/24 FISCAL YEAR Director of Finance Chavez narrated a PowerPoint presentation and responded to City Council inquiries. MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Authorize a change to the booking window time for all programs from 12AM to 7PM, to provide better accessibility to available tee times. 2. Authorize an increase to the Champions Club membership to 72 players at $65. 3. 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. Authorize an increase to the Platinum Club booking window from 21 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 Deputy Director of Economic Development Lawrence provided a staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY MAYOR KELLY, CARRIED 4-1 (COUNCILMEMBER NESTANDE VOTING NO) to: 1. Direct staff to prepare an ordinance to prohibit mylar balloons in City-owned parks and outdoor spaces. 2. Request that the Coachella Valley Association of Governments (CVAG) refer consideration of a regional mylar balloon ban to the Energy and Environmental Resources Committee. 3. Direct staff to return to the City Council after the CVAG process to determine if additional action is needed. Item 1A-5 C. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. C45070 IN THE AMOUNT OF $78,480 WITH RISING REALTY PARTNERS FOR PROPERTY MANAGEMENT SERVICES AT THE PARK VIEW OFFICE COMPLEX LOCATED AT 73710 AND 73720 FRED WARING DRIVE Management Analyst Glickman provided a staff report and responded to City Council inquiries. MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER HARNIK, CARRIED 5-0, to: 1. Approve Professional Services Agreement No. C45070 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. Declare Bell Properties non-responsive. 2. Authorize Finance Director to appropriate $10,000 to Account No. 5104195- 4309200 from unobligated enterprise fund monies for FY 2022/2023. 3. Authorize the City Attorney to make non-substantive changes to the agreement. 4. 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 City Clerk Mejia provided a staff report and responded to City Council inquiries. MOTION BY COUNCILMEMBER NESTANDE, SECOND BY COUNCILMEMBER TRUBEE, CARRIED 5-0, to approve the use of an Out of State Travel Request Form. PUBLIC HEARINGS: None. INFORMATION ITEMS: None. Item 1A-6 ADJOURNMENT: The City Council adjourned at 4:47 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 1A-7 [This page has intentionally been left blank.] Item 1A-8 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 [This page has intentionally been left blank.] Item 1C-1 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION MICHELLE NANCE, DEPUTY CITY CLERK Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: _____________________________________________________ A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required. Please mark the appropriate response below and return to my office by __________________________ Responding Department: __________________________ Date: ________________ Response: No comment – okay to present to City Council. Refer to ______________________________________ - related comments (attach additional sheets, if necessary): _________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Other – Additional comments (attach additional sheets, if necessary): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Item 1C-2 Item 1C-3 [This page has intentionally been left blank.] Item 1C-4 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Lucero Leyva, Project Manager REQUEST: AWARD A CONTRACT FOR THE NORTH SPHERE FIRE STATION OFFSITE IMPROVEMENTS TO ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. IN THE AMOUNT OF $274,254.10 (PROJECT NO. 762-23) RECOMMENDATION: 1. Award a Contract for the North Sphere Fire Station Offsite Improvements to Engineering Resources of Southern California, Inc. in the amount of $274,254.10. 2. Authorize the City Manager or designee to review and approve written contract amendment requests per Section 3.30.170 of the Palm Desert Municipal Code. 3. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: Strategic Plan: This project will allow the City to meet the “Public Safety & Emergency Service – Priority 1: Enhance the delivery of public safety services” of the Strategic Plan: Background: In 2022, the Matrix Study findings concluded that Unit Utilizations and Call Volumes were high in Stations 71 and 33, negatively impacting response times. It was recommended that the city plan and construct a fourth fire station just north of the intersection of Gerald Ford Drive and Frank Sinatra Drive to better help serve the existing and developing communities around it. Since that report, the following actions have been taken in support of this effort: • January 26, 2023: City Council approved the contract with PBK Architects for the design services of the North Sphere Fire Station and Building Assessments of Fire Stations 33 and 71. • February 16, 2023: City Council approved the On-call Construction Management Services Contract with Anser Advisory Management, LLC., and MARRS Services, INC. Including the North Sphere Fire Station and Building Assessments of Fire Stations 33 and 71. Project Description: Currently, the PBK Architects contract does not include the following offsite improvements that must be developed alongside the construction of the new fire station: • Road Widening from Cook Street to Paseo del Corazon Item 1D-1 City of Palm Desert Award Offsite Improvements Contract to ERSC, Inc. Page 2 of 3 • Class 2 Unbuffered Bike Lanes • Traffic Signal Location • Site Grading • Street/Traffic Improvement within Public Right of way • Curb and Gutter • Pavement removal and replacement • Stripping and restriping • Utility Undergrounding • Addition of empty conduit for future growth Design Consultant Procurement and Analysis: A Request for Proposal (RFP) for professional design and construction support services of the North Sphere Fire Station Offsite Improvements was advertised via OpenGov, and two proposals were received on March 28, 2023: Consultant Location Base Fee Base Fee W/ Optional Costs TKE Engineering Inc. Riverside, CA $ 228,725.00 $228,725.00 Engineering Resources of Southern California (ERSC, Inc.) Redlands, CA $ 245,398.10 $274,254.10* *Staff recommends including optional scope in the contract An internal selection committee was created for this RFP, which included representatives from the Capital Projects Department, PBK Design Architects, and CalFire. After reviewing the proposals and interviewing the two consultants, the committee determined that ERSC, Inc. was the most qualified consultant to perform the services requested in the project, based on: • Better Qualifications and experience of the team • Knowledge of local and city design standards • Understanding of the project’s scope, current conditions, and risks • Identified areas in the scope of work that could lead to cost and schedule savings • Included optional costs: Potholing, Infiltration Feasibility Study, and Traffic Signal Interconnect Plan that help further the project’s ability to meet schedule and enhance the consultant’s ability to coordinate with the onsite design team and internal staff. Currently, ERSC is a preferred vendor for the City of Palm Desert. However, to ensure thoroughness, staff contacted references to verify ERSC’s performance working with other local municipalities. All references provided positive feedback and described ERSC as being professional, effective, prompt communicators, and an overall great team to work with. Staff also commissioned a third-party review of ERSC’s proposal to ensure quality of work plan and fee structure. Staff recommends awarding the contract to ERSC Inc, in an amount not to exceed $274,254.10. FINANCIAL IMPACT: Item 1D-2 City of Palm Desert Award Offsite Improvements Contract to ERSC, Inc. Page 3 of 3 The Capital Improvement Project (CIP) List for Fiscal Year 2022/23 included $1,223,471 for Fire Station 102 Project under Fire Fund Account No. 2354270-4400100. Therefore, there is no additional financial impact to the General Fund. Additional monies will be included in the 2023/24 Financial Plan budget request for the full construction of the project and may be eligible for bond proceed reimbursement. The following table provides the current project budget and costs: Project Award Date Account Budget Contracts Fire Station 102 2354270-4400100 $ 1,223,471.00 PBK Architects 01/26/23 $ 645,700.00 ERSC, INC. Proposal 04/27/23 $ 274,254.10 Total Expenditures $919,954.10 *A task order in the amount of $248,530 for Anser Advisory for Construction Management is currently in process. Budget Balance $303,516.90 REVIEWED BY: Department Director: Jess Culpeper Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Professional Services Agreement 2. Consultant Proposal – ERSC, Inc 3.Vicinity Map Item 1D-3 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 27th 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 Engineering Resources of Southern California, a C Corporation (California), with its principal place of business at 1861 W Redlands Blvd, Redlands California 92373 ("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: DESIGN OF THE NORTH SPHERE FIRE STATION (FS102) OFFSITE IMPROVEMENTS (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 27, 2023, to December 31, 2025 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall Item 1D-4 Contract No. ____________ 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: Lori Askew, Project Manager. 3.2.5 City's Representative. The City hereby designates Lucero Leyva, Project Manager, 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 Lori Askew, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants Item 1D-5 Contract No. ____________ 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 1D-6 Contract No. ____________ 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Item 1D-7 Contract No. ____________ (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. (G) Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name Item 1D-8 Contract No. ____________ infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (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, Item 1D-9 Contract No. ____________ employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim 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 Item 1D-10 Contract No. ____________ and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of 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 SEVENTY-FOUR THOUSAND TWO HUNDRED FIFTY-FOUR DOLLARS AND ONE TENTH ($274,254.10) 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 Item 1D-11 Contract No. ____________ expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing 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. Item 1D-12 Contract No. ____________ 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance 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. Item 1D-13 Contract No. ____________ 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: Engineering Resources of Southern California, INC. 1861 West Redlands Blvd Redlands, CA 92373 ATTN: LORI ASKEW, PROJECT MANAGER City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Lucero Leyva, Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a 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. Item 1D-14 Contract No. ____________ 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 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 Item 1D-15 Contract No. ____________ 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. 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 Item 1D-16 Contract No. ____________ this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and 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 1D-17 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, 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 ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1D-18 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES/SCHEDULE OF SERVICES Item 1D-19 Contract No. ____________ Exhibit “C” EXHIBIT "B" COMPENSATION THE AMOUNT IS NOT TO EXCEED TWO HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED FIFTY-FOUR DOLLARS AND ONE TENTH ($274,254.10) Item 1D-20 Proposal for Professional Design & Engineering Services North Sphere Fire Station Offsite Improvements Submitted: March 28, 2023 Item 1D-21 Local Office:1861 W. Redlands Blvd.Redlands, CA 92373(909) 890-1255, info@erscinc.com Evaluation Period Contact:Lori Askew Project Manager(909) 890-1255 x110laskew@erscinc.com 1861 W. Redlands Blvd. | Redlands, CA 92373(909) 890-1255 | info@erscinc.com | www.erscinc.com Years of Service Celebrating Engineering Reso u rc e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 March 28, 2023 City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Lucero Leyva Sanchez, Project Manager RE: Proposal for Professional Design & Engineering Services - North Sphere Fire Station Offsite Improvements Dear Ms. Leyva-Sanchez: Engineering Resources of Southern California (ERSC) is pleased to have the opportunity to submit our proposal to the City of Palm Desert (City) as a qualified, experienced consultant to provide Professional Civil Engineering Design Services for the design of Offsite Improvements for the North Sphere Fire Station (Project). We have developed a thorough understanding of the Project based on our review of the RFP, attendance at the mandatory Pre-proposal Meeting, site reconnaissance, and consulting of available supporting documents. As a result, our proposal intends to provide solutions that exceed the City’s expectations for the Project. The Project consists of producing construction documents, specifications, and cost estimates (PS&E) for the street widening of Gerald Ford Drive between Cook Street and Paseo del Corazon. The project will also include a traffic signal to be located at the driveway into the proposed North Sphere Fire Station. Supplemental to the street widening will be street striping to accommodate a Class 2 Bike Lane and median landscaping. John “Matt” Brudin, P.E. - Principal-in-Charge Matt Brudin will serve as ERSC’s Principal-in-Charge during the term of a potential agreement with the City, bringing more than 25 years of civil engineering experience that include an array of complex planning, design, and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines, including site development, streets and roads, grading and drainage, and flood control facilities. He will provide design guidance, QA/QC, and industry expertise to the ERSC team. Lori Askew, Project Manager Lori Askew will serve as ERSC’s Project Manager during the term of a potential agreement with the City. She has over 30 years of Civil Engineering design and management experience in Public Works projects. Twenty of those years include service as a municipal employee, so she understands the intricacies of working in a local agency. The City can be confident that Lori will execute this project with the highest levels of supervision and guidance as a highly trained professional. ERSC understands that the City wants to select the firm that best fits its goals. In selecting ERSC, the City will benefit from the following: •Familiarity – ERSC has served numerous municipal agencies, and our Project Manager has intimate knowledge of the workings of multiple municipalities. •Experience – ERSC is familiar with all civil engineering disciplines and focuses solely on the public sector and public works projects. •Partners – ERSC has worked closely with the partner listed in this proposal and selected them based on expertise and experience in the discipline. By selecting ERSC, the City will benefit from our team’s wealth of knowledge and experience. We are confident in our abilities to go above and beyond to deliver exceptional service. I have read, understood, and agree to all statements in this Request for Proposal. I acknowledge receipt of all addenda/amendments to said request and the terms, conditions, and attachments referenced. This proposal shall be valid for not less than 120 calendar days from the closing date and time of the Request for Proposal. We look forward to the possibility of working with the City and thank you for the opportunity to submit this proposal. If you have any questions or require additional information, please contact me at matt@erscinc.com, (909) 890-1255, ext. 103, or Ms. Askew at ext. 110. Respectfully submitted, John M. Brudin, PE Lori Askew President Principal Engineering – Project Manager 1 Item 1D-22 Table of Contents Experience & Technical Competence .......................................................................3 Firm Staffing & Key Personnel ..................................................................................9 Proposed Method ..................................................................................................23 2 Item 1D-23 Experience & Technical Competence 3 Item 1D-24 Experience & Technical Competence Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Executive Summary Engineering Resources of Southern California, Inc. (ERSC) was formed in 1996 with the asset purchase of NBS/Lowry, Inc. Since formation, ERSC has been committed to serving Special Districts, Regional Agencies, and Municipalities in Southern California’s public sector. Our team provides a comprehensive set of professional services and solutions for the life of any potential project. Traffic and Transportation Capabilities ERSC has provided traffic and transportation planning, design, and construction phase services since its inception. Our traffic and transportation clients include municipalities, government agencies, and special districts throughout the region. Many of these clients have extended service agreements to retain our services outside of the original contract period. These clients benefit from the expertise of our team as we have completed thousands of projects throughout our different clients in the region. ERSC, the City of Palm Desert, and the Coachella Valley ERSC first served the City of Palm Desert as an engineering consultant in 1996. As a local firm and vendor to the City of Palm Desert, our team has been a part of several storm drain design, project management, and plan review assignments. Most recently, we provided professional engineering services for the Haystack Channel Rehabilitation project. ERSC regularly serves other Coachella Valley Cities and Agencies in similar capacities, including the Fred Waring and Washington Street Triple Left Turn Lanes Project in the City of La Quinta. We have served the City of Palm Springs in On-Call Assignments for more than 20 years, as well as current On-Call Assignments for the Coachella Valley Water District and the City of Indian Wells. ERSC’s capabilities are both the reason for and result of our history providing professional services and solutions to agencies throughout the public sector. Our range of in-house capabilities allows us to meet the needs of clients throughout the life of any potential project. Project Contact Lori Askew Project Manager 1861 W. Redlands Blvd. Redlands, CA 92373 Phone: (909) 890-1255 Fax: (909) 890-0995 laskew@erscinc.com Construction Management & Inspection Survey & Mapping Environmental Services Civil Site Design Transportation/ Trac Engineering Independent Plan Review Water/Wastewater Engineering Water Quality/NPDES Flood Control & Drainage Engineering Professional & General Liability $1.0m Per Occurrence; $2.0m Aggregate Automobile $1.0m Combined Single Limit Worker’s Comp Maintained as Required by Law ERSC Insurance Coverage Levels Vital Information CA Corporation 25 Years in Business 37 Employees FEIN: 33-0718153 CA DIR: 1000017460 Corporate Officers John M. Brudin, PE - President Moe Ahmadi, PE - Vice President Trent Brudin, PE - Secretary Craig Brudin - Treasurer Our Locations Redlands (Corporate Oce) 1861 W. Redlands Blvd. Redlands, CA 92373 R T P Temecula 41593 Winchester Rd., Suite 200 Temecula, CA 92590 Palm Desert 77-564 Country Club Dr. Palm Desert, CA 92211 ERSC Professionals The strength behind ERSC is our qualified and experienced engineers, designers, construction observation personnel, and administrative support staff. We excel at matching the exceptional skills, technical abilities, character, and attitude of our team members to the needs of our clients. ERSC staff works daily to create client partnerships and transform projects from the broadest level of general scope to final planning, design, implementation, and construction resolution. Many ERSC professionals have experience as municipal and public agency employees and can approach your project with first-hand knowledge of agency culture and how any agency envisions the planning and processing of a well-executed project. ERSC Reliability Our 25-year service record is a testimony to the quality of services we provide. Many of our clients continue to seek our services, and have done so since our first year of business. ERSC has also developed significant financial resources and organizational efficiencies that allow us to consistently exceed client expectations. 4 Item 1D-25 Experience & Technical Competence Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 ERSC was contracted by the City of La Quinta to assist the cities of La Quinta, Indian Wells, and Palm Desert to modify the intersection at Washington Street and Fred Waring Drive in an attempt to achieve a level of service (LOS) E or better, at peak hours during peak season. A left-turn lane in each direction at this intersection provides the Cities with more vehicular safety by reducing the number of cars intending to turn left in the through lanes. This project is expected to contribute to a reduction in speeding, running reds, passing, changing lanes, and traffic jams. We provided a detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and/or relevant standard plans. ERSC is currently working to provide plans, specifications and construction cost estimates prepared for a project involving construction of a parking lot on an undeveloped piece of City owned property to service an 80-acre open-space used by hikers and mountain bicyclists. The project includes the installation of AC pavement to accommodate an initial 10 parking spaces with room to expand to 40 spaces, adequate ADA parking facilities, a 26-foot-wide AC paved driveway from the end of Fairway Drive to the parking lot and a one-stall restroom. WASHINGTON STREET AT FRED WARING DRIVE TRIPLE LEFT TURN LANES, CITY OF LA QUINTA, CA Project Term: 2019-21 | Contract Value: $164,813 NORTH PARK IMPROVEMENTS, TOWN OF YUCCA VALLEY, CAProject Term: 2021 - Ongoing | Contract Value (to date): $80,270 ERSC Project Team:John M. Brudin, PETrent Brudin, PE ERSC Project Team:John M. Brudin, PELori AskewTrent Brudin, PE Bryan McKinney, PE, City Engineer(760) 777-7045bmckinney@laquintaca.gov Curtis Yakimow, Town Manager(760) 369-7207 townmanager@yucca-valley.org Rehabilitation of Alicia ParkwayThe City of Aliso Viejo contracted with ERSC for the rehabilitation of Alicia Parkway from Pacific Park Drive to City limits. Alicia Parkway is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Alicia Parkway, ERSC prepared all necessary survey, roadway improvement plans and specifications, as well as signing and striping and traffic control plans. Rehabilitation of Pacific Park DriveThe City of Aliso Viejo contracted with ERSC for the rehabilitation of Pacific Park Drive from Aliso Viejo Parkway to Aliso Creek Road. Pacific Park Drive is classified as a Major Arterial (6-Lanes, Divided) per the City of Aliso Viejo General Plan, Circulation Element. In addition, the Circulation Element calls for a Class II “bike lane” along this segment of roadway. To assist the City of Aliso Viejo in maintaining the condition and riding surface of Pacific Park, ERSC will prepare roadway improvement plans and specifications, as well as signing and striping and traffic control plans for full depth replacement of failed pavement and base, sidewalk improvements, and ADA improvements ON-CALL ENGINEERING SERVICES, CITY OF ALISO VIEJO, CAProject Term: 2021 - Ongoing | Contract Value (to date): $403,865 ERSC Project Team:John M. Brudin, PETrent Brudin, PE Shaun S. Pelletier, P.E., Public Works Director/City Engineer(949) 425-2533 spelletier@cityofalisoviejo.com Rancho Ave. A & N Street Intersection Improvements | Project Term: 2020 - Ongoing| Contract Value (to date): $37,200ERSC is currently providing traffic and civil engineering services to the City of Colton to improve safety at the Rancho Avenue and N Street intersection. The City initiated this project to address safety concerns following a series of accidents resulting in private property damage and injuries. The project site does not currently meet the CAMUTCD warrants for traffic signal installation, so other measures are being designed by ERSC. The new intersection will include reduced lanes from 2 to 1 approaching the intersection, signing/striping improvements, permanent delineators, and a CalTrans High Tension Barrier System. ERSC also provided services for design survey, pavement reconstruction, raised median, ADA, and curb and gutter improvements. La Cadena & 8th Street Intersection Reconfiguration | Project Term: 2018-2019 | Contract Value: $24,989The intersection of La Cadena and 8th Street in the City of Colton is located in a residential area. In TRANSPORTATION ENGINEERING SERVICES, CITY OF COLTON, CA ERSC Project Team:John M. Brudin, PETrent Brudin, PEStephania Hernandez, EITKatherine Hernandez Victor Ortiz, PE, City Engineer(909) 514-4210vortiz@coltonca.gov 5 Item 1D-26 Experience & Technical Competence Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 The Golden Avenue Bridge at Carbon Canyon channel is located on Golden Avenue approximately 0.2 miles west of Rose Drive. Built in 1934, which is a two-lane reinforced concrete deck bridge with single span. The bridge has been determined to be functionally obsolete per the Bridge Inspection Report prepared by Caltrans. The project required the removal of the existing bridge and replacement with a new four lane bridge along with appurtenant work including street widening, lighting, and drainage facilities at the bridge approaches as well as curb, gutter and sidewalk. ERSC provided services for surrounding improvements. Approaching street section improvements, signing/ striping, hydraulic analysis, scour analysis, bridge abutment grading design, channel permitting with the Army Corps of Engineers, and right-of-way engineering. GOLDEN AVENUE BRIDGE REPLACEMENT, CITY OF PLACENTIA, CAProject Term: 2016-22 | Contract Value: $184,136 ERSC Project Team:John M. Brudin, PETrent Brudin, PE Masoud Sepahi, P.E., City Engineer(714) 993-8148msepahi@placentia.org Overland Drive Widening | Project Term: 2020 - Ongoing | Contract Value (to date): $273,445 In early 2020, ERSC began and completed an analysis of the impacts related to the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive. The project included mapping and an evaluation of the effects of a roadway widening project on private and public improvements within the project area. ERSC will coordinate with the Rancho California and Eastern Municipal Water Districts for relocation and adjustment of water and sewer facilities, as well as various power and communications companies for the relocation of dry utilities impacted by the project (pad mount transformers, underground vaults, and service pedestals). At Overland Drive and Commerce Center Drive, a previous project resulted in the installation of conduit and pull boxes associated with future traffic signal construction and the previously installed conduit and pull boxes, and the easterly leg of Overland Drive, require reconstruction. The widening project will include the installation of a new traffic signal and striping modifications, and installation of new street lighting including street light plans developed per industry standards and City of Temecula standards and guidelines. ERSC’s project team will also prepare legal descriptions and plats in support of the right-of- way acquisition effort. PW20-02 Fifth Street Improvements | Project Term: 2020 | Contract Value: $37,589 Under an on-call engineering agreement, ERSC provided survey and engineering services for preparation of street improvement plans for the north of side of Fifth Street from Front Street to the Murrieta Creek. This project is subject to the elements of the Old Town Specific plan and the design criteria therein. The specific plan requires on-street parking, a 12-foot pedestrian mall, and a round-a-bout. ERSC collected record data, performed survey data collection in the field with 25-foot street cross sections, drafted a conceptual design for approval, and prepared plan specifications and estimates for the project Murrieta Creek Bridge | Project Term: 2019 - Ongoing | Contract Value (to date): $316,092 As a partner to the CNS Engineers’ team, ERSC is providing engineering design services to the City of Temecula’s Overland/Murrieta Creek Bridge Project. The project will extend Overland Drive through Commerce Center Drive, Enterprise Circle West, over the Murrieta Creek, and connecting to the Avenida Alvarado at the Diaz Road intersection, including the construction of two traffic signals at each of the intersections. This ongoing project holds many challenges due to the consolidation and incorporation of several City projects that have been either designed or partially developed. Hydraulic modeling of the creek was prepare to analyze the pre- and post-improvement conditions and impacts as part of the work. ERSC is also responsible for navigating permitting/coordination challenges through various CITY OF TEMECULA, CA ERSC Project Team:John M. Brudin, PELori AskewKatherine Hernandez Nino Abad, PE, Project Manager(951) 308-6385nino.abad@temeculaca.gov Chris White, Associate Enginer II(951) 308-6388 chris.white@TemeculaCA.gov its existing state, traffic on the well-traveled La Cadena Drive would navigate a directional change as well as traffic joining from two other adjacent residential streets. Often, drivers failed to navigate the intersection creating a dangerous situation for nearby residences and other motorists. As part of a multi-year On-Call Civil Engineering Services agreement, ERSC worked with the City to reconfigure the intersection. Staff created a concept considering the wishes of City staff and council members that would reconfigure the intersection. The new concept would include a free right bypass lane protected by raised median for north west traffic on La Cadena. Traffic from surrounding residential streets would stop at the new intersection with turn restrictions and channeled through raised medians for additional traffic calming. The reconfiguration of the intersection also required reconfiguration of existing drainage improvements. 6 Item 1D-27 Experience & Technical Competence Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Engineering Resources of Southern California, Inc., has provided civil engineering plan check, design, and inspection services to the City of Beaumont since in 2017. As an on-call design consultant, ERSC has been responsible for paving projects, survey projects, and drainage projects. Most recently, ERSC completed the Highland Springs/1st Drainage project to mitigate erosion and sedimentation issue near a local golf course. Xenia Drive ROW SurveyERSC provided professional survey services to the City to located the ROW along Xenia drive from 6th Street to 8th Street. The ERSC team performed record research, control survey, and ROW survey to establish the ROW. Due to the density of development, and the potential for visual impacts related thereto, a 60D spike with a “shiner’’ and a three foot lath was placed at 100 foot intervals along the west side of the roadway. This interval was increased to a maximum of 200 feet on the east side due to the lack of development. Highland Avenue and First Street Drainage ProjectA piece of land owned by Loma Linda University, located in the City of Beaumont, has experienced flood damages to their existing drainage facilities along Highland and Springs Avenue near the intersection with East 1st Street. Under ERSC’s contract with the City for on-call design engineering services, our team provided professional survey and engineering services to the project. ERSC provided professional survey and engineering and design services to prepare construction Plans, Specifications, and Engineer’s Cost Estimates to mitigate the drainage situation. The drainage mitigation includes removal of the existing earthen channel and replacing it with an underground storm drain system along this reach. WWTP Paving ProjectERSC provided professional survey and engineering services to the City for pavement improvements at the City’s Wastewater Treatment Plant (WWTP). The interior roads of the WWTP had deteriorated due to the frequent heavy truck traffic and age. Additionally, the WWTP staff parking area was not to current ADA standards and required updating. ERSC’s team provided data collection, topographic survey, driveway and access improvements, concrete curbs, walkways, ADA parking/accessibility improvements, and a WQMP for the project. Sewer Force Main and Bridge AssessmentERSC provided professional engineering services to the City to perform a damage assessment to a City Sewer Forcemain and it s associated bridge. An accident involving a semi truck and passenger vehicle resulted in the semi truck striking the nearby forcemain and bridge. ERSC performed a site assessment to determine any damage that may have occurred. While no damage was found, ERSC provided plans to improve protection of the infrastructure including new bollards to be installed. ON-CALL PLAN CHECK, INSPECTION, AND ENGINEERING DESIGN SERVICES, CITY OF BEAUMONT, CAProject Term: 2018-21 | Contract Value: $688,905 ERSC Project Team:John M. Brudin, PEMoe Ahmadi, PEReza Toorzani, PECraig Brudin, QSPSteven Allen Laurie Miller(951) 769-8520lmiller@ci.beaumont.ca.us agencies including the Army Corps of Engineers, Riverside County Flood Control District, Rancho California Water District, and Eastern Municipal Water District. PW 19-11 Bike Lane & Trail Program - Temecula Creek South Side Trail | Project Term: 2020 - Ongoing | Contract Value (to date): $550,286 Under an on-call engineering agreement, the City of Temecula contracted with ERSC for the preliminary and final engineering services necessary to provide project scoping and final design for the Temecula Creek South Side Trail Project. The Temecula Creek South Side Trail is part of a larger trail loop identified in the City’s Multi-Use Trails and Bikeways Master Plan Update (Master Plan) as the Temecula Loop. More specifically identified as Gap Closure Alternative 15(GCA 15). Services required to complete the project will be provided in two (2) phases, including an investigation and summary of the potential issues affecting the project and the development of contract documents including plans, specifications and estimates. Traffic Signal System – Rancho California Road & Tee Drive | Project Term: 2020-21 | Contract Value: $27,379 Under an on-call engineering agreement, the City of Temecula contracted with ERSC for the design a new traffic signal system at the intersection of Rancho California Road and Tee Drive, including a new power source. Aside from typical utilities, ERSC’s work will include exploration and evaluation of several blow offs, valves and manholes valves within or adjacent the intersection that indicating there is water, recycled water and sewer in the vicinity, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing them with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan. 7 Item 1D-28 Experience & Technical Competence Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 ERSC was retained by the City of Highland to engineering and construction services for the City’s widening of 5th Street/Greenspot road and bikeway improvements. As the City completed the new Greenspot Bridge over the Santa Ana River, it was necessary to widen the road and the old iron bridge would be access restricted to bicycle and pedestrian traffic. Upon completion 5th Street/Greenspot Road would be widened to accommodate 2 travel lanes in each direction with a painted center median and bike lanes. Total length of the widening was approximately 6,000LF. At Santa Ana Canyon Road, the Bikeway would be taken out of the Greenspot Road alignment and onto a new trail system. This trail would include a fully signed and striped bike/pedestrian trail that followed the previous alignment of Greenspot Road. This trail includes the historic Iron Bridge at Santa Ana Canyon Road. As a part of the project, ERSC designed the trail, signing/striping, and 30 way finding signs/access points along the alignment. ERSC provided professional engineering services related to Cooperative City/County Pavement Rehabilitation Project, str20003 pavement rehabilitation of five street reaches covering four streets. For Tippecanoe Avenue, existing AC and native material was pulverized in place, a portion of the pulverized material removed, cement added to the remaining pulverized material, followed by placement of HMA and RHMA for the reach from 3rd to 6th. ERSC was retained by the City of Highland to provide engineering services related to the City’s proposed Pavement Management Program, Sector E, Pavement Rehabilitation, str20001. The City has proposed rehabilitation of 15 streets in Sector E, located in the southeast portion of the City in an effort to complete implementation of its comprehensive 5-Year Pavement Management Program (PMP). The project is funded with SB – 1, local Measure I, and RAC grant funds. The scope of work will also likely include design for features and/or replacements not yet identified nor quantified to protect the pavement investment from drainage damage and assure ADA compliance. Additionally, formal striping/marking plans are anticipated to be required for the single arterial street, Greenspot Road. A flood channel crossing of Webster Street is located in SBCFCD right-of-way, and therefore may also entail coordination/permitting from that agency. ERSC will conduct site visits to assess condition/location of the drainage related issues and of ADA compliance issues concerning damaged or missing ramps. To further assist we will contract with a subconsultant geotechnical firm for a visual inspection of all streets and additional subsurface investigation for the single arterial, Greenspot Road. ERSC was retained by the City of Highland to provide engineering services for two CDBG-funded projects, for years 2018-19 and 2019-20. Both projects involve site inspection, pavement evaluation, review of drainage and ADA issues and preparation of construction documents for rehabilitation and repair. That for ola2018-2019 involves two streets, Elmwood Road, from Baseline to Fisher Street (1,800 linear feet); and Walker Street from Sterling Avenue to East end, (960 linear feet). Ola 2019-2020 includes two streets also, Del Rosa Avenue from 4th Street to 5th Street (720 linear feet), and Elm Street, from 6th Street to 9th Street (2,040 linear feet). Funding will be provided by the Community Development Block Grant Program (CDBG) administered by the County of San Bernardino Development and Housing Department. Specification document, therefore, will include applicable federal requirements. ERSC will coordinate with a subconsultant firm to conduct field investigations and provide recommendations for pavement and rehabilitation methods and costs. A preliminary site inspection and recent experience and City practice indicate that rehabilitation is expected to include repair of severely distressed areas by pavement removal and replacement, crack repair/seal, bump grind, edge repair, header cut and cold planing, repair of drainage issues that would compromise new paving, repair of soft or wet subgrade, and HMA overlay. 5TH ST/GREENSPOT RD BIKEWAY IMPROVEMENTS, CITY OF HIGHLAND, CAProject Term: 2013-19 | Contract Value: $143,860 TIPPECANOE PAVEMENT REHABILITATION, CITY OF HIGHLAND, CAProject Term: 2021 | Contract Value: $150,535 SECTOR E PAVEMENT REHABILITATION, CITY OF HIGHLAND, CAProject Term: 2020 - Ongoing | Contract Value: $203,595 (to date) 2018-2019, 2019-2020 & 2020-2021 CDBG PAVEMENT IMPROVEMENT PROJECTS, CITY OF HIGHLAND, CAProject Term: 2018-22 | Contract Value: $95,442 ERSC Project Team:John M. Brudin, PETrent Brudin, PELori Askew Carlos Zamano, P.E.Assistant Public Works Director(909) 864-6861 czamano@cityofhighland.org 8 Item 1D-29 Firm Staffing & Key Personnel 9 Item 1D-30 Firm Staffing & Key Personnel Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Subconsultants John M. Brudin, PE Principal in Charge Lori Askew Project Manager STC Traffic, Inc. Traffic/Transportation Terra Nova Environmental Aragon Geotechnical Geotechnical Community Works Design Group Landscape Trent Budin, PE Project Engineer Katherine Hernandez Project Designer Craig Brudin, QSP Survey/Mapping 10 Item 1D-31 Over the past 25 years, Mr. Brudin has been involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including water resources, site development, streets and roads, grading and drainage and flood control facilities. Mr. Brudin has served as a District Engineer for the Lake Hemet Municipal Water District, City Engineer for the City of Hemet, and 1as a Project Manager for “as-needed” professional engineering plan check services for several cities in the Orange, Riverside and San Bernardino County areas. Under these contracts, he has managed construction inspection/ administration, development review, and plan check services for land development and capital projects, including grading, water, sewer, drainage, traffic signal and street improvement plans. CA, Civil Engineer No. C41836 QSD/QSP No. 00707 BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA American Public Works Assc. Floodplain Management Assc. Water/Wastewater Engineering Flood Control Engineering Project Management Quality Control Education Affiliations Areas of Expertise Similar Project Experience: Overland Bridge at Murrieta Creek, CNS Engineers, Temecula, CA, 2020-Present, $316k to date - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado at the intersection of Diaz to the west of the creek, with Overland Drive at the intersection of Enterprise Circle to the east of the creek. State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA, 2019-Present, $540k to date – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Roadway design and environmental clearance for the Street; a vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. 40th Street Widening Project, City of San Bernardino, CA, 2017-18, $245k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. Also included is traffic signal modifications at Electric Ave. and drainage modifications. Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-19, $107k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. Riverside Drive Street Widening, Signal Modifications, Signing and Striping, Lake Elsinore, CA, 2016-17, $258k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Coordinated completion of all CalTrans requirements to facilitate completion of the project. Washington Street at Fred Waring Drive Triple Left Turn Lanes Project, City of La Quinta, La Quinta, CA, 2019-21, $165k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of intersection modifications incorporating a third left turn lane in each direction to reduce traffic during peak hours. The scope also included CEAQ document preparation, utility coordination and PS&E. Traffic Signal System – Rancho California Road and Tee Drive, City of Temecula, Temecula, CA, 2020-21, $27k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design and utility coordination for a new traffic signal system, including a new power source. Exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. The proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi- use Trails and Bikeways Master Plan. John M. Brudin, PE | President 11 Item 1D-32 Ms. Askew has over 30 years of experience in design and management of public and private improvement projects. She has spent the past 20 years as a local municipal employee in Public Works with the last eight years in an executive management position overseeing various levels of staff and consultants. She has managed Capital Improvement Program projects for streets, storm drains, water and sewer in addition to large land development projects with significant grading challenges. She is very knowledgeable in understanding the workings and challenges of local government and comprehends the constraints of various City funding sources such as Gas Tax, Measure A and SB1. Ms. Askew has been city liaison to Western Riverside Council of Governments (WRCOG), Riverside County Flood Control & Water Conservation District, Caltrans, Riverside County Transportation Commission (RCTC), several water districts and school boards. Land Development Municipal Engineering Traffic and Transportation Areas of Expertise BS, Civil Engineering, Michigan Technological University, Houghton, MI Education Similar Project Experience: County Line Road Transportation Corridor Improvement Project: Project Manager for design and construction of street improvements including pavement widening to include bike lanes, installation of curb, gutter, sidewalk and construction of round-abouts at 4 intersections. Project is joint improvement project with adjacent city, as street centerline is City and County boundary. Project challenges include various funding sources through grants, coordination with adjacent city/county, right-of-way acquisitions, and construction in phases. Calimesa Creek Storm Drain Improvements: Project manager overseeing design and construction for nearly 2,000 lf of 18” – 78” RCP storm drain pipe, 200lf of 6’ x 6’ concrete box structure and 53-acre-foot detention basin. Project will minimize erosion of Calimesa Creek by transitioning from an open channel system which currently discharges into Calimesa Creek, to a closed system. Only low flows will remain in the Creek, thus eliminating the need to mitigate significant acreage. Detention Basin upstream eliminates the need for existing pipe at downstream end of system to be enlarged under the I-10 freeway. Project is funded with EPA grant, Riverside County Flood Control & Water Conservation District Funds and City Development Impact Fees. Third Street Improvement Project: Project Manager responsible for overseeing design and construction of 3,300 linear feet of Third Street from Valley View Avenue to Corona Avenue which includes removal of existing asphalt street and replacement with full street improvements, within existing right-of-way, consisting of curb, gutter, asphalt pavement, equestrian trail with fence, replacement of private improvements to match new grades. Also included were storm drain improvements on Reservoir Drive, north and south of Third Street which involved installation of over 1,800 linear feet of 30-inch HDPE pipe and 400 linear feet of smaller size HDPE pipe. Funding for this portion of the project was through Riverside County Flood Control and Water Conservation District as one of their Master Drainage Plan projects. Navy to Norco College (RCC) Sewer Improvements: Project designer and project manager overseeing construction of 1,100 linear feet of 8-inch VCP sewer line and related appurtenances from a lift station located on Navy property to a city owned SSMH located on the Norco College Campus. The biggest challenges for the project was finding a route through the Norco College Campus that allowed the sewer line to flow by gravity and a construction schedule that minimized disruption to the Campus. Hamner Avenue Widening Project: Project Manager responsible for overseeing the design and construction of 3,600 linear feet of Hamner Avenue from the north City boundary to north of the Hamner Avenue Bridge. Hamner Avenue was widened from a two-lane street to three lanes in each direction but currently striped for two in each direction. Improvements include curb, gutter, sidewalk, asphalt pavement, relocation of a City of Norco 20-inch potable waterline, installation of a 30-inch waterline owned by the Chino Desalter Authority (as part of their future expansion), and storm drain improvements. The traffic signal at Citrus Street was modified for a four-way intersection to accommodate the future Silverlakes Equestrian and Sports Park. A 42-foot-wide by 15-foot-high causeway was constructed under Hamner Avenue south of Citrus Street to provide flood relief from the adjacent Santa Ana River and also provide access to the adjacent park on the west side of Hamner Avenue located in the City of Eastvale. A detention basin was constructed as part of the project and resides on the west side of Hamner Avenue, south of Citrus Street and acts as a desilting basin for the 72” storm drain that discharges to it. Hamner Avenue design took into consideration the future replacement of the Hamner Avenue Bridge. Second Street Improvement Project: Project Manager overseeing the design portion of the project which was done by a contract engineer beginning in late 2004. The project consisted of widening Second Street, a designated collector street, to its ultimate right- of-way between the I-15 Freeway and Corona Avenue, with full street improvement consisting of curb, gutter, asphalt pavement, pedestrian-equestrian trail with fence, realignment of the intersection with Valley View Avenue, storm drain improvements and utility relocations. Design also included pavement rehabilitation of Second Street from Corona Avenue to Hillside Avenue. Land acquisition and coordination with Caltrans delayed construction of the project which did not begin until early 2011. Additional Lori Askew | Principal Engineer 12 Item 1D-33 Lori Askew | Principal Engineer responsibilities for this project include construction management where I was responsible for overseeing all aspects of construction. Auger/Grinder Sewage System Project: Responsible for the design of a wastewater system which incorporated a packaged wastewater auger/grinder system to be installed on California Rehabilitation Center (CRC) property. The system removed unwanted solids and sludge discharged from CRC prior to entering the collection system owned by the City of Norco and ultimately the treatment facility owned by Western Riverside County Regional Wastewater Authority (WRCRWA). Cherry Valley Boulevard/I-10 Interchange: City Liaison to Riverside County Transportation Department who is acting as lead for the City of Calimesa on this project. The Project is the reconstruction of an interstate freeway interchange to accommodate significant residential and commercial growth surrounding the interchange. The Project is being processed through Caltrans with the Project Study Report having been completed and approved in 2018. It is now in the PA/ED phase. Interchange configuration alternatives being considered are Round-Abouts, Diverging Diamond and Partial Cloverleaf. Funding is secured up to the construction phase through Developer Impact Fees and credit agreements with the Western Riverside Council of Government’s (WRCOG) Traffic Uniform Mitigation Fee (TUMF) program. Silverlakes Equestrian and Sports Park: Project Manager overseeing the concept creation, planning and construction of a City owned 122-acre parcel of land with a federal deed restriction over it for Park use only. Challenges included parcel being located in a flood zone adjacent to the Santa Ana River, working with the Army Corp of Engineers after a flooding of the property occurred during construction, development being funded privately by developer and crafting a 99-year lease to developer. Project has 25 soccer fields including natural and synthetic turf, competition horse arenas, paved and porous parking lots and eating facilities. 13 Item 1D-34 Mr. Brudin was introduced to the industry in 2012 as an intern at Lake Hemet Municipal Water District. Since then, he has held positions as Assistant Project Engineer and Project Engineer at C.W. Driver, a general contracting firm, until shortly after his graduation in 2015 when he took a position as Associate Civil Engineer at Parsons Corporation. Trent joined the ERSC team as Engineer II in early 2016. Mr. Brudin’s time in the industry has been spent providing hydrology studies, drainage design, site grading, geometric site layout, WQMP and SWPPP documentation, intersection improvements, traffic signal modifications, water and wastewater pipeline design, water feasibility studies, and so on. CA, Professional Engineer No.90924 AZ, Professional Engineer No. 73812 QSD No. C90924 BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA Site Layout & Geometrics Hydrology & Drainage AutoCAD Civil 3D Traffic and Transportation Water and Wastewater SWPPP Compliance SWPPP Development Education Areas of Expertise Similar Project Experience: Riverside Drive Street Widening, Signal Modifications, Signing and Striping, City of Lake Elsinore, Lake Elsinore, CA – Project Engineer in the development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Steven coordinated completion of all CalTrans requirements to facilitate completion of the project. Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, La Quinta, CA – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans. La Cadena and 8th Street Intersection Reconfiguration, City of Colton, CA – Project Engineer during reconfiguration of the La Cadena & 8th Street intersection. Staff created a concept considering the wishes of City staff and council members that would reconfigure the intersection. The new concept included a free right bypass lane protected by raised median for north west traffic on La Cadena. Traffic from surrounding residential streets would stop at the new intersection with turn restrictions and channeled through raised medians for additional traffic calming. The reconfiguration of the intersection also required reconfiguration of existing drainage improvements. 40th Street Widening Project, City of San Bernardino, San Bernardino, CA – Project Engineer for the design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. The project requires ROW take from existing residences and businesses in the project vicinity to provide adequate length. Also included is traffic signal modifications at Electric Ave. and drainage modifications. State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA – Project Engineer for roadway design and environmental clearance for the Street; a vital transportation corridor. The final four lane roadway will improve traffic circulation from Baseline Street to SR210 Freeway. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design also includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and connecting to existing portions to the north and south. ROW acquisition is required to complete the project. Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA – Project Engineer on the design of the Aliso Creek Road Rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit. Trent Brudin, PE, QSD | Engineer IV 14 Item 1D-35 Similar Project Experience: State Street Gap Closure Project, City of San Bernardino, CA, 2019-Present, $540k to date - Project Engineer for roadway design and environmental clearance this vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and ROW acquisition is also required. Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, CA, 2019-21, $165k – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans. Traffic Signal System, Rancho California Road and Tee Drive, City of Temecula, CA, 2020- 21, $27k - Project Engineer during the design and utility coordination for a new traffic signal system, including a new power source. Work includes exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan. Design of Murrieta Creek Bridge, City of Temecula, CA, 2020-Present, $316k to date – Assisting in the design of a bridge structure over Murrieta Creek connecting Overland Drive at the intersection of Enterprise Circle West on the east side of the Creek to Avenida Alvarado at the intersection of Diaz Road on the west side of the Creek. Ms. Hernandez also assists on the PS&E and utility research and coordination. Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA, 2017-Present, $47k – Project Engineer on the design of this rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit. Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-20, $107k - Project Engineer during the development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. ERSC also provided geometric layout including aligning with existing streets, identification of existing utilities and storm drains, proposing new storm drain locations, an adequate bridge width to accommodate future traffic, pedestrian and bike flows, and the placement of the OC Bike Loop that is planned to run within the Carbon Creek channel. Rancho Ave. A & N Street Intersection Improvements, City of Colton, CA, 2020-Present, $37k to date - Project Engineer during traffic and civil engineering services to the City of Colton to improve safety at the Rancho Avenue and N Street intersection. The new intersection will include reduced lanes from 2 to 1 approaching the intersection, signing/ striping improvements, permanent delineators, and a CalTrans High Tension Barrier System. Also provided services for design survey, pavement reconstruction, raised median, ADA, and curb and gutter improvements. Katherine Hernandez | Engineer II Ms. Hernandez is proficient in geographic and environmental engineering, able to identify and solve problems related to environmental, geographical and territorial resources, interrelated with social processes and territorial ordering through sustainable development. Qualified to make cartography with modern technologies related to geographic information systems (GIS). BS, Geographic and Environmental Engineering, University of Applied and Environmental Sciences (UDCA), Bogotà, Colombia Environmental Analysis Water Resources Planning Education Areas of Expertise 15 Item 1D-36 Similar Project Experience: Winchester Property Land Survey Mapping Services, Soboba Band of Luiseno Indians, San Jacinto, CA - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions. ERSC was contracted to provide professional surveying and mapping services related to the Tribe’s property at the Northeast and Southeast corners of the intersection of Winchester Road and Domenigoni Parkway. On-Call Civil Engineering and Plan Check Services, City of Colton – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during Engineering and Plan Check services in the City. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP, SWPPP, lot line adjustments, and parcel maps. ERSC also provides on-call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration. General Plan Check Services, City of Chino – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during general plan check services to the City of Chino since 2016. In the City of Chino, ERSC is commissioned to provide the review of Rough and Precise Grading Plans, Wet Utility, Plans (e.g. Sewer, Water, Storm Drain), Street Improvement Plans, Street Light Plans and Voltage Drop Calculations, Hydrology Studies and Hydraulic Calculations, Water Quality Management Plans (WQMPs), Survey documents and maps, and oils Reports, for private development and capital improvement projects throughout the City. On-Call Plan Check, Inspection and Design Services, City of Beaumont – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during civil engineering plan check, design, and inspection services. ERSC reviews development projects, CIP projects, and WQMPs. Development plans range from 1-million sqft commercial complexes to multiple lot subdivisions. As an on- call design consultant, ERSC is responsible for paving projects, survey projects, and drainage projects. On-Call Plan Check and Inspection Services, City of Banning – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during plan check of residential and CIP projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations. ERSC also provides conditions of approvals for City projects, as needed. Stagecoach and Substation Topographic Survey, On-Call Engineering and Design Services, City of Banning - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions as part of an on-call engineering agreement. ERSC was contracted for land surveying services related to the development of the Ivy Substation Project at 1581 Charles Street and the Stagecoach Substation Project located on Hargrave Street. ERSC performed boundary and topographic surveys of both sites to establish the boundary and locate the property corner monuments. On-Call Plan Check and Construction Inspection Services, City of Highland – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during an on-call professional services agreement with the City of Highland. ERSC provides contract plan check and inspection services for the construction of public works and privately funded improvements, including site improvements, street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all parcel and tract maps, as well as hydrology review. On-Call Plan Check Services, City of Lake Elsinore – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during civil engineering plan check services to the City of Lake Elsinore since in 2016. As part of an on-call contract with the City, ERSC provides review of the following plans and documents: Traffic Signal Plans; Improvement Plans; Grading Plans; Final Maps and Craig Brudin, QSP | Sr. Engineering Associate Education BS, Environmental Policy & Management BA, Business Managerial Studies Affiliations CASQA Areas of Expertise Erosion and Sediment Control Water Quality Improvement Plan Check Survey and Mapping Mr. Brudin has been with the ERSC team since 2014. Since joining, he has become a valuable member of ERSC’s project team in both survey related tasks and plan and map review services. While providing these services he has gained extensive working knowledge of the subdivision map act, local grading manuals, ordinances and design guidelines, the California Building Code, local wet utility design guidelines and the preparation and evaluation of erosion control plans. In various Cities, he is responsible for the review of maps, legal documents, mass and rough grading plans, residential precise grading plans, grading plans for residential development, commercial development projects, sewer improvement plans, and erosion control plans. CA, QSP No. 26269 CESSWI No. 4852 Real Estate Sales Person License - CA Dept.of Real Estate 16 Item 1D-37 Craig Brudin, QSP | Sr. Engineering Associate Parcel Maps; Dedications, Easements; Vacations, Quitclaims; Parcel Mergers; Lot Line Adjustments; WQMP Submittals; Hydrology and Hydraulic Studies/Reports; HEC-5 Studies; Traffic Analyses, Studies, Reports; Soil/Geotechnical Studies/Reports; Alquist Priolo Studies/ State Submittals; Erosion Control Designs; Review of Technical Specifications for Proposed Improvements within City Road Rights of Way. Plan Checking and Project Management, City of Palm Springs – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during an on-call professional services agreement with the City of Palm Springs, ERSC provides plan and map checking for the City’s development projects. Specific tasks include the review of improvement plans, final subdivision maps, and other survey related documents as prepared by design consultants for accuracy and completeness, conformance to local codes, ordinances, and design standards. 11th Street Pavement Rehabilitation Project, City of Chino - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions during design of a street pavement reconstruction, alley, and intersection accessibility project. Special considerations were paid to concurrent storm drain projects as well as potential impacts from asphalt conditions, existing utilities, and ADA requirements in affected alleyways. Murrieta Inverted Sewer Siphon, Western Municipal Water District, Murrieta, CA- Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions during the design of an upgrade an existing 8-inch sewer siphon. The project will upgrade the siphon from a single barrel to a larger diameter or a “double barrel” configuration where the line crosses below a Flood Control District owned channel. ERSC will develop a profile of the 8-inch inverted siphon using CCTV and prepare plan and profile drawings of this line. East Drop Structure Repair Mitigation Within Whitewater River Channel, City Of Indian Wells, Indian Wells, CA – Survey Party Chief responsible for oversight of field data collection and processing including data reduction and base mapping supervision during redesign of the East Drop Structure along the Whitewater River. Site analyses and development of potential replacement structures such as a concrete drop structure that incorporates a baffle chute at the outlet of the low flow channel, a USBR stilling basin or a drop structure similar to the one constructed in 1995 using materials sized to withstand the anticipated flows. Regulatory permitting and clearance for an RWQCB CWA Section 401 Water Quality Certification, CDFW 1602 Streambed Alteration Agreement, USACE Nationwide Section 404 Dredge and Fill Permit, and CEQA IS/MND coordination. Strawberry Creek Diversion Pipeline, Idyllwild, CA - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions. The existing pipeline begins at the diversion structure near the intersection of Strawberry Creek and Tahquitz Road. The pipeline paralleled the creek above ground for approximately 400 feet across private property and then below ground to the District’s well site on Fern Valley Road. To further complicate matters, the exiting pipeline crossed under an existing private residence. ERSC performed a topographic survey of the diversion structure and the pipeline alignment to the well site, legal documents for the portion of pipeline crossing private property, and design of new pipeline to avoid existing structures and above ground pipes. 17 Item 1D-38 STC Traffic, Inc. | Traffic/Transportation STC Traffic, Inc. | Professional Resumes Christian Lambarth, PE, TE, PTOE Project Manager Mr. Lambarth has over 11 years of experience in the management of traffic engineering projects throughout Southern California. He specializes in traffic signal design, signing and striping, traffic control, traffic operational analysis, street lighting, and traffic signal interconnect, including bikeway projects. Mr. Lambarth pulls from his years of experience in the transportation industry to develop PS&E that focuses on constructability. Christian and the STC Team has a long history of supporting regional agencies throughout Southern California with bikeway projects. For the City of Encinitas, STC served as the prime contractor for the design and construction of Class IV buffered green bike lanes along Highway 101. For other projects, STC has served as the lead traffic and communications engineer, providing preliminary engineering support and/or constructability review and field inspections. Mr. Lambarth leads STC’s engineering design team and supports each of STC’s projects. Familiarity with Regional Bikeway Projects Downtown Cycle Tracks Project, San Diego, CA Extensive network of cycle tracks as key element of the City of San Diego’s Downtown Mobility Plan. STC’s large- scale effort involved developing the preliminary engineering for nearly one hundred downtown traffic signals. Border to Bayshore Bikeway Project | Imperial Beach, CA This SANDAG project provides safe biking connections between Imperial Beach, San Ysidro, and the San Ysidro Port of Entry. STC provides comprehensive constructability review services for the bikeway design plans. Uptown Bikeways Project – Phase I | San Diego, CA STC provided constructability review services for Phase 1 of the project, consisting of separated bike lanes and buffered bike lanes on Fourth Ave and Fifth Ave, connecting Hillcrest, Bankers Hill, and Downtown. Traffic calming measures and pedestrian improvements included curb extensions, crosswalks, and RRFBs. Class IV Buffered Green Bike Lanes | Encinitas, CA In this high-profile bike mobility and safety project, STC designed and installed AC berm protected Class IV buffered green bike lanes from Chesterfield Drive to the City’s southern limits. The project complements STC’s decades-long work with the City to create a reduced- traffic, bicycle and pedestrian-friendly Coast Highway 101. Bayshore Bikeway Segments 4B and 5 | National City, CA STC conducted constructability review and inspections for a critical 3-mile gap in the Bayshore Bikeway along Harbor Drive, Tidelands Avenue, and 32nd Street in National City. STC staff facilitated stakeholder coordination, plan reviews, conflict resolution, and construction management. Artesia Great Blvd Improvements | Long Beach, CA This generational project will build out the Artesia Great Blvd corridor for the next 30 years including increased bike lanes, buffer space, bike detection loops, bulb-outs, advanced stop bars, ADA improvements, LED lighting, and modern bus shelters and upgraded stops. STC serves as the lead traffic and communications engineer on the Project. Years of Experience: 11 Education: Michigan State University, East Lansing, B.S., Civil Engineering (2009) License: Professional Engineer (Civil) California, #86675 Professional Engineer (Traffic) California, #2927 PTOE, United States, #5180 Areas of Expertise: Bikeway Design Traffic Signal Design Signing and Striping ITS Design Traffic Impact Analysis Utility Coordination 18 Item 1D-39 Terra Nova | EnvironmentalCity of Hesperia RFQ No. 2201 Request for Qualifications On-Call Engineering Design Services TERRA NOVA STAFF Nicole S. Criste Principal Ms. Criste joined Terra Nova in 1985 after a career in publishing, marketing and market research and analysis. She has managed numerous environmental studies and drafted more than 1,000 CEQA and NEPA documents for local municipalities, districts and agencies, Riverside County, Native American Tribes, the Bureau of Land Management, US Fish and Wildlife Service and others. She is the author of the award-winning Apple Valley Climate Action Plan and managed the CVAG Green for Life Program. Her extensive work in socio-economic modeling and fiscal impact analysis has been key to the success of the Santa Rosa and San Jacinto Mountains National Monument Plan, the Coachella Valley MSHCP and USFWS Habitat Conservation Plans. Ms. Criste has also taught CEQA classes for City staffs, and prior to the demise of redevelopment agencies, for the California Redevelopment Association’s certification program for redevelopment professionals. Ms. Criste also works with a number of attorneys as a CEQA expert, providing technical analysis in support of court actions in southern California, Santa Clara County and Sacramento. She also provides contract CEQA and planning services to all of the cities of the Coachella Valley. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. Ms. Criste will serve as Project/Budget Manager and will also manage a wide range of quantitative analyses, and document drafting and editing. John D. Criste, AICP Principal Mr. Criste began his planning career in 1975 in the Pennsylvania Governor’s Office, was Senior Planner at the San Bernardino Westside Community Development Corporation, and served two years as Associate Planner in the Indio Office of the Riverside County Planning Department before starting Terra Nova in 1984. He has been involved in the preparation of more than 900 CEQA and NEPA studies, and has managed jurisdictional permitting throughout the Coachella Valley, the Morongo Basin and along the Colorado River. On numerous occasions he served as a guest speaker at U.S. Department of Energy conferences on the environmental and socio-economic impacts of decentralized power generation systems. His experience covers all aspects of the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and public documents required by same, as well as the Clean Water Act (CWA). He has been a continuing education CEQA instructor for the Association of Environmental Professionals, the American Planning Association and the Los Angeles County Bar Association. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He is also a member of the American Planning Association (APA), the Association of Environmental Professionals (AEP), and the Institute of Transportation Engineers. Mr. Criste will be the District’s primary point of contact and will serve as Project Manager on District projects. 19 Item 1D-40 Aragon Geotechnical | Geotechnical C. FERNANDO ARAGÓN, M.S., P.E., G.E. CIVIL ENGINEER, GEOTECHNICAL ENGINEER 16801 Van Buren Blvd., Bldg. B Riverside, CA 92504 TTeell::951.776.0345 ●FFaaxx::951.776.0395 www.aragongeo.com EDUCATION •Loyola Marymount University of Los Angeles, B.S., Civil Engineering •University of California, Berkeley, M.S., Civil Engineering with emphasisin Geo Engineering PROFESSIONAL REGISTRATIONS •Registered Civil Engineer, California, No. 72277 [Exp. 6/30/20]•Registered Geotechnical Engineer, California, No. 2994 [Exp. 6/30/20]•California Department of Transportation, Certificate of Proficiency,Expires: 9/2019•Governor’s Office of Emergency Services – Disaster Services Worker –Volunteer PROFESSIONAL AFFILIATIONS AND HONORS •American Society of Civil Engineers •ASTM International – Participating Member •Member of Tau Beta Pi National Engineering Honor Society •Member of Chi Epsilon National Civil Engineering Honor Society •Association of Drilled Shaft Contractors (ADSC), The International Association ofFoundation Drilling, 2004-2005 graduate student scholarship recipient •University of California at Berkeley, 2004-2005 graduate fellowship PROFESSIONAL HISTORY 1997-Present: Aragón Geotechnical Inc., Riverside, California; Soils Technician (Laboratory and Field) to Engineering Assistant, Staff Engineer, Project Engineer to President. 5/2002-8/2002: Kiewit Pacific Company, Santa Fe Springs, California; Engineering Field Intern. 1996-1997: Aragón Geotechnical Consultants, Inc., Riverside and Lake Arrowhead, California; Engineering Assistant; Soils Technician (Laboratory and Field.) 20 Item 1D-41 Community Works Design Group | Landscape FIRM OVERVIEW COMMUNITY WORKS DESIGN GROUP, LLC (CWDG) Landscape Architecture - Planning 4649 Brockton Avenue Riverside, California 92506 (951)369-0700Federal I.D. 82-1854334California Department of Industrial Relations #: PW-LR-1000707823PRINCIPAL: Scott Rice ASLA, LEED AP, CASp - President/ Authorized Signer CONTACT: Scott Rice, LLA #5111 (Licensed 15+ years - since 2005; expiration date: 12/31/22) scott@cwdg.fun | (951) 369-0700 office / (909) 754-1257 cell Community Works Design Group (CWDG) was established in 1985 and provides municipal planning services throughout the State of California. The firm focuses on Park, Recreation, Streetscape and Trails Planning projects. CWDG has a ready and available staff of eight professionals. We draw upon four Licensed Landscape Architects, a LEED Accredited Professional, an in-house ISA Arborist, a Certified Irrigation Designer/Certified Landscape Irrigation Auditor, a SITES Accredited Professional, and a Certified Access Specialist (CASp). Community Works Design Group does what its name implies - it assists communities with the design of park projects that work. Our focus is on park and recreation and municipal projects and has been since day one in 1985. We come from your side of the fence. Scott Rice has served under contract as City Landscape Architect for City of Highland continuously since 2005. Our newest Senior Landscape Architect/ ISA Certified Arborist, Dan Burkhart, joined our team after serving as Senior Landscape Inspector for the City of Yorba Linda. CWDG has designed over 250 trails and streetscape projects in our 35 year history, including 20 public works projects within the past 5 years (2017-present). “Designing your Dreams” starts here at our two story design studio - complete with an indoor spiral slide and a 25’ swing! 21 Item 1D-42 Community Works Design Group | Landscape Relevant Experience City of Colton Median Landscape Refresh Seventh Street – City of Victorville Tyler Street – City of Riverside Country Club Drive – City of La Quinta 22 Item 1D-43 Proposed Method 23 Item 1D-44 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 PROJECT UNDERSTANDING We understand that the City of Palm Desert (City) desires to have street improvement plans, specifications, and estimates prepared in order to have these improvements constructed along the south side of Gerald Ford Drive, between Cook Street and Paseo del Corazon. The improvements will consist of roadway widening for the installation of curb, gutter, sidewalk, asphalt pavement, signage, and striping in addition to a new traffic signal at the location of the new Fire Station (FS102). Work will also include a raised median in areas where it is currently missing and landscaping in the median. Gerald Ford Drive between Cook Street and Frank Sinatra Drive is classified as an Enhanced Secondary Roadway per the City’s General Plan. The Mobility Section of the General Plan provides a general cross-section of the roadway but does not include any dimensions. The Enhanced Secondary Roadway classification offers four travel lanes (two in each direction), a raised median, a bike lane on each side of the street, and a large parkway. The current right of way of Gerald Ford Drive is 110 feet, or 55-foot half street. The posted speed limit is 50 mph. Gerald Ford Drive is currently improved on the northerly and easterly half of the street with curb, gutter, meandering sidewalk, and landscaping. There is a raised median from Frank Sinatra Drive to Paseo del Corazon with landscaping. A dirt median exists from Paseo del Corazon to the southerly driveway entrance to the business center at 75450 Gerald Ford Drive. From this point, continuing northerly and westerly, there is a raised median to Cook Street, with portions containing landscaping. There are breaks in the raised median to allow for lefthand turning movements. We will confirm with the City whether these breaks will remain or be filled in with additional raised median. No drainage improvements currently exist on the south side of Gerald Ford Drive. A small drainage course exists on the property adjoining the south side of the street, just north of the proposed Fire Station. Across from this drainage course on the north side of Gerald Ford is an under-sidewalk opening with a local depression that catches runoff on this side of the street and directs it into an unimproved earth channel that appears to flow north. It is unknown if the drainage channel on the south side deposits any runoff across Gerald Ford that makes its way to the existing curb opening. This will be explored as part of the drainage task since constructing a raised median in this area will block any runoff crossing the street. No street light improvements are proposed along the south side of Gerald Ford due to the City’s Municipal Code Section 24.16.025, which identifies that the City does not encourage street lighting. It is assumed there will be streetlights associated with the new traffic signal at the Fire Station. Should the City wish to have streetlights placed elsewhere along the project limits, a proposal will be supplied to the City for consideration. All proposed improvements support the on-site development of the new Fire Station (FS102) which will be constructed on the southerly side of Gerald Ford Drive, approximately 950 feet north of Paseo del Corazon. The design of street and traffic signal improvements will be coordinated with the driveway openings for the new Fire Station. It is understood that there is no intent to acquire property within this project’s scope, only to identify if acquisition is warranted. SCOPE OF WORKTASK A - PROJECT MANAGEMENT ERSC will work with the City to schedule a project kick-off meeting. The intent of this meeting will be to introduce both sides of the Team and understand the varying roles of team members. This meeting will allow our team to review any changes in project scope, ask and answer questions that either side may have on the Project and understand any special requirements the City may request as a part of the project. This task also includes attendance at monthly progress/milestone meetings, whether held in the field, office or via teleconference, as directed by the City, occurring throughout the duration of the project design. In addition, this task will include the management of the project, including but not limited to: invoicing, filing, schedule updates and various administrative tasks. Meetings associated with Public Engagement, and Construction Services will be included in those separate Tasks. Deliverables: • Meeting Agenda and Minutes • Monthly Invoices with Progress Reports • Schedule Updates 24 Item 1D-45 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 TASK B – DATA COLLECTIONAs-Built Research, Investigation & Review ERSC will perform research of all record data available, including as-built documents, traffic data and any other available record data. Our team will coordinate with the City to obtain any record drawings for the project area, including, but not limited to: Street Improvements, Signing and Striping, Street Lights, Storm Drainage, Water, Sewer, Traffic Signals and other City Utilities, in addition to street adjacent private development improvements. Our team will utilize this data in the design of the project, and will incorporate it into the project drawings for records purposes. Team members will conduct a detailed field review once the information is incorporated into the plans to verify existing utilities and infrastructure. Field notes and photos will be taken to document any discrepancies on the plans with field conditions. Deliverables: •Meeting Agenda and Minutes •Copies of all correspondence/notices with affected utility agencies •Copies of maps and record data provided from the affected utility agencies. •Composite Utility Plan – 24” x 36” size bond paper •Pothole Map and Final Report Assumptions: •Potholing within City right of way will be granted with a No-Fee Encroachment Permit by City or fee will be reimbursable. Utility Coordination, Research, Notification & Potholing ERSC will perform utility research by obtaining all utility information within the project limits. This will include, but not be limited to: Coachella Valley Water District, Imperial Irrigation District, Southern California Gas, Frontier, Southern California Edison and Spectrum. Some of these utilities have visible appurtenances located within the current street right-of-way. Our team will perform an initial notice via email (with return receipt) or certified mail return receipt depending on the organization. Correspondence is recommended to be on City letterhead, sent from a City email account in order to avoid fees from the various carriers, and will be documented and filed in the project files. Record maps will be used to show locations on the plans. ERSC will provide further field investigations to locate, identify, verify locations, and determine the status of existing utilities. In addition, our team will obtain and review all applicable base map plans, atlas maps, substructure maps, specifications, reports, and record data for all existing utilities, agencies, and companies involved in the project area. All utility research shall be incorporated on plan and profile drawings and applicable details as part of a Comprehensive Utility Plan. Using the information obtained from the utility purveyors, ERSC’s team will create a comprehensive utility plan indicating all utilities’ current and ultimate disposition (remain, remove, relocate). Utilities included will be all above and below grade, wet and dry, overhead power poles, lines and other appurtenances, manholes, valves, laterals and any other identified utilities. The plan will identify each utility size, material and any identifying information for the item. Utility owner with contact information will be included in a matrix on the plan with responsibility for removals and/or relocations and the design for any new utility required to be constructed. Utility potholing for this plan will occur once all utilities have been mapped, site verified at the surface and included on the Composite Utility Plan. The proposed design will be overlayed on the Utility Plan and areas of conflict will be identified. Besides looking for physical conflicts, grade change will be looked at to see if minimum/maximum cover criteria for the various utility is compromised or if any right of way is impacted by the necessity to relocate a utility. Once areas of conflict are determined, a map will be generated for pothole location and submitted to at least three Pothole companies to obtain competitive bids. ERSC will work with the pothole contractor to pull a City No-Fee Encroachment Permit. Our fee estimate includes a lump sum cost for potholing work by a utility pothole company and/ or contractor. The fee is based upon the assumption of 5 potholes to locate existing utilities. Upon completion of the final design drawings and approval by the City, ERSC will provide all affected utility agencies final plans as well as a construction schedule. 25 Item 1D-46 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Survey and Mapping ERSC will perform office and field work required to prepare the background for the design. Staff will research available record information pertaining to the project area including Tract Maps, Records of Survey, Parcel Maps, and Deliverables: • Topographic Base Map at 40’ scale with 1’ contour intervals (Autocad format) • Digital Terrain Model (DTM surface) • Survey Control Plan & Corner Record Right of Way maps and review available survey records at the County of San Bernardino and City of Palm Desert. Survey control will be established to confirm horizontal and vertical control. ERSC will perform a field topographic survey of the project limits identifying all surface topography and collecting elevations for such topography. Survey for surface topography will be gathered at 50-foot stations and at BCR/ECR, intersection, and PC/EC stations for both sides of Gerald Ford Drive from Paseo del Corazon to Cook Street extending 10 to 25 feet past right of way or further if topography warrants it. Survey will locate right of way, curb, gutter, sidewalk, edge of pavement, trees, streetlights, signage, and surface utilities, with the specific intention of identifying obstructions in the way for installation of the street widening and construction of curb, gutter and sidewalk. Data will be collected to provide for plotting cross sections at 50- foot intervals and all transition locations. Elevations at all proposed join points will be obtained and all existing ADA ramps will be checked to confirm they meet current standards. Should record drawings be obtained from the City that sufficiently reflect the topography and grades of the existing street pavement and median elevations, then ERSC’s services for this task may be reduced with only minimal topographic survey being required. Geotechnical Investigation and Report The RFP did not specifically identify that geotechnical service were requested but the Deliverables task listed “Geotechnical Investigation and recommendations for geotechnical sensitive elements”. Should the City have a pre-determined pavement section for Gerald Ford Drive, this task may be eliminated from the scope. ERSC is partnering with Aragon Geotechnical, Inc. (AGI) for soils analysis to provide professional pavement engineering services and infiltration feasibility associated with a transportation WQMP for this project. Should geotechnical services be warranted, AGI’s scope of field investigation & exploration services will include: Geotechnical Design Investigation AGI will provide a proposed soil boring location map and an encroachment application for review and approval from the City. The encroachment application will include traffic control typicals referenced from the Manual on Uniform Traffic Control Devices (MUTCD) or the Work Area Traffic Control Handbook (WATCH). Only after receipt of the encroachment permit will AGI mobilize the field geotechnical investigation featuring 6 or 7 soil borings. Most will be terminated at depths of 7 to 8 feet below existing grade unless infiltration potential must be assessed (see optional item). Up to 2 borings may be extended to approximately 5 feet beyond known or assumed pier foundation depths for proposed traffic signals. A standard truck mounted hollow-stem auger drill rig will be employed. There is adequate shoulder room to conduct the borings without lane closures. Pavement cores are not included in the present scope. Borings will be located by tape or pace measurements from existing street improvements and aerial image interpolations – surveyed locations are not proposed. All work is proposed for normal daylight hours. It is expected that the soil borings can be completed in one day. Borings are not currently anticipated in private parcels or the Fire Station site. Representative bulk soil samples and ring-lined barrel samples will be recovered from the borings where feasible. Bulk samples will typically be collected from the upper 36 to 48 inches of penetration depth. The soil borings will be continuously logged by an experienced Engineering Geologist or Civil Engineer. The borings will be backfilled with tamped crushed stone and/or soil cuttings. Subsurface soil samples will be transported to our Riverside laboratory for recommended testing required for pavement design. Laboratory Testing Laboratory tests for recovered samples are preliminarily scheduled to include approximately 20 water content – dry density determinations, 2 maximum density-optimum water content relationships, 2 direct shear tests on native alluvium, 3 gradation (sieve) analyses, 3 sand equivalent tests, and 2 soil corrosivity suites comprising soluble sulfate, soluble chloride, soil pH, and minimum resistivity tests (the suites performed by the Temecula firm of Project X Corrosion Engineers). AGI will also select 2 street subgrade samples (based on visual-manual classification and/or sand equivalent data) for R-value determinations pertinent to new pavement structural sections. The actual laboratory testing will be tailored to the subsoil conditions encountered during the field exploration. Geotechnical Design Report Upon completion of field geotechnical investigation operations, AGI will prepare a comprehensive written report that will document the investigation findings, conclusions, opinions, and alternatives for flexible pavement structural sections derived in accordance with the latest version of the Caltrans Highway Design Manual. Preliminary recommendations for engineered grading, suitable concrete mix designs, temporary excavation stability, shoring requirements, and signal CIDH foundation design will be presented. Geotechnical findings and conclusions in our report will be accompanied by a brief engineering geologic overview describing the geologic setting, landforms, past land uses, geologic hazard potentials (active faulting, landsliding, liquefaction, settlement), and the local groundwater 26 Item 1D-47 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Deliverables: •Exhibits showing any alternative alignments with revised project limits •Technical Memo presenting analysis and recommended preferred alternative regime. Four bound client copies will include appendices with graphical boring logs, summaries of laboratory test standards and our obtained results, and a scaled alignment exhibit depicting surface geology and soil boring locations. Optional Infiltration Feasibility Study (Optional) If the project requires infiltration or hydromodification BMPs, then field test data will be required to arrive at a design solution. The project alignment has very little slope. Street-side shallow BMPs such as vegetated basins, swales, or concealed infiltration trenches would be likely options. “Self-capture” zones and shallow biofiltration strips such as might be employed next to the street may be proven feasible by testing according to (1) The ASTM double-ring infiltrometer method (although testing would require test pits excavated with a backhoe); or (2) A variant of the USBR constant-head well permeameter test (Procedure 7300-89); or (3) The Riverside County borehole falling head test. Budget and interpreted low capture volume considerations assume selection of option 3. Testing would be completed after exploratory drilling is done. It is predicted that paired tests at 3 sites (6 tests total) requiring 1 field day with a 2-man crew. AGI will incorporate the infiltration feasibility results and recommendations into an appendix accompanying the master geotechnical investigation report. The joint report will include the relevant deep boring logs, field data sheets, and test locations added to the scaled geotechnical map. WQMP applications customarily require information concerning these items: •Classification of existing soils to minimum depths of 10 feet below the bottom of the proposed infiltration BMP, or ~15 feet for the subject project site. We would expect deepening of ordinary geotechnical borings to fulfill this goal. •Description of the current groundwater regime, with estimation of historic high water and average seasonal high water. •Tabulated raw field test results based on relevant Riverside County standards. • A field test infiltration velocity for the civil engineer’s use to establish low impact development infiltration BMP feasibility. • A recommended design infiltration velocity incorporating a factor-of-safety coefficient. • Construction guidelines that respect project geotechnical goals of not exacerbating risks from rising water or hydrocollapse potential along the street or in adjacent off-site areas. TASK C – FEASIBILITY AND ALTERNATIVES ANALYSIS With information gathered in prior tasks, ERSC will create base maps for the alternative design plans to be designed upon. The record drawings obtained from the City and utility information received will be meshed with the surface items obtained from the survey to create a comprehensive base plan in which to prepare demolition and improvement plans. STC will perform a review of existing striping on Gerald Ford Drive and make recommendations for any striping modifications in order to incorporate a Class 2 Buffered Bike Lane in both directions on Gerald Ford Drive between Cook Street and Frank Sinatra Drive. ERSC and its team of professionals shall review all current site conditions, reference material and proposed improvements to create a Feasibility and Alternatives Analysis. This analysis will address: •Construction Feasibility •Potential right-of-way or easement acquisition •Construction priorities and phasing •Potential buffering of class 2 bike lanes and associated costs •Conceptual costs Within these considerations will be various components of the project which will be discussed and analyzed after confirmation of the City of their inclusion into the analysis. Should the analysis identify any critical design challenges and risk assessment, they will be identified in a Red Flag Summary with possible recommended mitigation measures. TASK D - PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENTATIONPreliminary Engineering After City review and direction on the preferred alternative analyzed in the previous task, the Team members will coordinate with the City, appropriate Fire Department staff and consultants working on the design of the Fire Station to discuss the proposed intersection of the driveway(s) and Gerald Ford Drive. Deliverables: •Geotechnical Analysis and Report for Pavement Section (includes map of core and boring locations) – hard copy and/ or electronic version •Infiltration Feasibility Study - Optional Assumptions: •Encroachment Permit will be issued by the City for work within the right-of-way at no cost or if required to pay, will be fully reimbursed. Deliverables: •Memo for Basis of Design 27 Item 1D-48 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Deliverables: •Notice of Intent •Notice of Determination or Notice of Exemption Deliverables: •65%, 95% and 100%/Final Progress Plans – 24” x 36” size bond paper •Plans include Street, Landscape Signing & Striping, Traffic Signal, Fiber Optic (Optional) – All plans at 40’ scale, except Traffic Signal at 20’ scale. •Final Plan - (24” x 36” Size Mylars) •Plans include all submitted from 100%, at scales identified. STC will lead discussions related to the traffic signal design and make recommendations on location and length of turn lanes, traffic signal phasing and operation, striping, emergency vehicle signal pre-emption, geometric alignment of lanes, fire truck swept path analysis utilizing AutoTURN. This process will result in the development of the basis of design that will be incorporated into the 35% preliminary/conceptual plans. Environmental Documentation ERSC is teaming with Terra Nova to provide Environmental expertise. Terra Nova will Coordinate with ERSC and City through participation in reviews, and provide CEQA-related input as appropriate. They will develop a comprehensive project description of selected project (Preferred Alternative). The project description will be used as the basis for all technical analyses and Initial Study discussions and comparisons. If it is determined that a Categorical Exemption under CEQA is applicable, costs will be reduced. Terra Nova will prepare air quality and greenhouse gas analyses for the Preferred Alternative. The analysis shall be conducted using the latest CalEEMod model, and will include grading, construction and post-construction phases of the project. ERSC will provide plans sufficient to serve as the basis for estimating emissions in the model. The project grading plan, including cut and fill quantities, and the project description will further facilitate air quality and GHG analysis. Once the project description has been finalized, Terra Nova will further evaluate the type of CEQA documentation most appropriate to evaluate the project. Two approaches will be considered: 1..CEQA.Initial.Study.(IS): and associated discussions in a format acceptable to the City. The IS shall include all required sections of the checklist and incorporate all the findings of any technical studies. 2..CEQA.Exemption: and associated technical memorandum and assuming that project qualifies for exemption and passes CEQA screening exceptions. The Draft CEQA documents will then be submitted to ERSC for review and will subsequently be submitted to the City for their review prior to finalizing the document(s) for production and transmittal. Terra Nova shall prepare a final electronic (Word and PDF) document for submittal to the City for review. Terra Nova will amend the CEQA documents based on City comments. The City will be responsible for distribution of the IS to its responsible and trustee agencies. Terra Nova will prepare the Notice of Intent, and Notice of Determination or Notice of Exemption for the City’s use. Attendance at two public hearings is included in the scope of work and budget. Should attendance at additional meetings be requested, it will be billed on a time and materials basis. TASK E – FINAL ENGINEERING Once City approval is granted on the Preliminary Engineering, ERSC will proceed with Final Engineering. It is anticipated that all to scale plans will be prepared at 1” = 40’ scale (except for the Traffic Signal Plans), unless a larger scale is necessary to provide clarity. All submittals shall include electronic versions of the documents in a format acceptable to the City. Street Improvement Plans With the base maps created and preferred alternative selected for the various plans, street improvement plans will provide plan and profile. The plan will show both sides of the street from right of way lines and all existing surface and below grade topography. Curb and gutter along the southside of Gerald Ford Drive will be placed at ultimate location per typical section for Enhanced Secondary Roadway. Sidewalk will be shown at the location desired by the City – either curb adjacent, right of way adjacent or meandering. Existing profiles will be shown for the existing grade at the centerline where no raised median currently exists, existing EP at median curb where median does exist, edge of existing pavement on southside of Gerald Ford Drive. Proposed profiles will be generated for TC for new median, TC for new curb and gutter at southside of Gerald Ford Drive and possibly at southerly right of way if need to provide clarity. It is assumed the typical street section will have been determine during the Preliminary Engineering phase. This typical section will be expanded upon as necessary to demonstrate final design conditions. Street Improvement Plans will also provide, cross-sections at 50 foot intervals, horizontal control, join points, off-site grading (if necessary) and any other information deemed necessary to produce a comprehensive construction plan. Sheets containing cross-sections at 50-foot intervals shall be plotted for the entire length of the project. 28 Item 1D-49 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 The street improvement plans shall include the necessary Erosion Control Plans which will identify the appropriate erosion control measures and practices per the California Storm Water Best Management Practice Handbooks and following City and County standards. Preparation of the City’s PM10 Plan was not identified in the RFP but may be prepared if requested by the City through a scope amendment and submittal of associated fees. Signing and Striping Plans STC will prepare the signing and striping plans at a scale of 1” = 40’ following City of Palm Desert standard plans and specifications, Greenbook, CAMUTCD (California Manual on Uniform Traffic Control Devices) and Caltrans standards and specifications. The plans will include full geometry of the fire station intersection and extend along Gerald Ford Drive between Cook Street and Frank Sinatra Drive. The plans will show existing signing, striping, pavement, and curb markings, required removals, required signs to be protected in place, and proposed improvements for ultimate alignment. Pavement delineation will include appropriate turn pocket lengths based on available traffic counts and queuing analysis with transitional areas to join into existing lanes. Plans will identify the location and type of all existing/proposed signs by CA-MUTCD sign code. Plans will include provisions to remove and replace existing signs with new and improved signs to meet the latest retro-reflectivity requirements, as needed. Traffic Signal Plans STC will prepare the traffic signal installation plans at a scale of 1” = 20’. The base plan will be prepare by ERSC so all background is the same for all project plans. It will show existing right of way lines, roadway centerlines, curb, gutter and sidewalk, existing signs and traffic controls, and utilities of record. All traffic signal components will be drafted using the latest CAD standards for traffic signal design. Plans will include general notes, construction notes, phase diagrams, pole and equipment schedules, conduit and conductor schedules, legend listing each utility symbol, and details for traffic signal controller cabinet assembly location, type of controller, pole locations and foundations, pull boxes, conduits, loops, and splicing. Other elements of design will include EVP systems, pole and mast- arm signage, APS and countdown signal heads, battery back-up systems, and LED safety lighting. STC will coordinate with the City and SCE for installation of the new type III-BF electrical service pedestal. STC will compile the SCE work order request and work with the City for submittal to SCE. From previous experience, it is important to start this process early to reduce the risk of schedule and budget impacts. STC will work with the City to submit the SCE work order request following the 95% design plans. It is assumed that the City will produce timing sheets for the new Fire Station traffic signal. In the event that the City does not produce the new timing sheets, STC may provide these services with an amended scope. Traffic Signal Interconnect Plans (Optional) STC will prepare separate traffic signal interconnect plans at 1” = 40’ scale to achieve future fiber optic interconnect to the adjacent traffic signals at Cook Street/Gerald Ford Drive and Frank Sinatra Drive/Gerald Ford Drive. STC will coordinate with the City to determine if a single conduit or multiple conduit duct bank will be installed between the signals. The Design will include the locations of conduit and pull box installation, and call out for necessary equipment in each of the two existing traffic signal cabinets. Landscape Improvement Plans ERSC is teaming up with Community Works Design Group (CWDG) to prepare median landscape plans. CWDG has extensive experience completing landscape design for streetscapes with desert plant palettes, including sections of Country Club Drive in Palm Desert and portions of Avenue 52 in nearby La Quinta. CWDG will prepare Construction Documents and make their first submittal at the 65% progress level. They will incorporate any comments shared with ERSC from the City at the 35% submittal. Planting plans will identify soil preparation and planting schematics for the scope area. Plant suitability, maintainability, drought resistance and reliability will be primary concerns for the desert streetscape improvements. Irrigation plans will optimize watering of the median landscape, utilizing City preferred equipment and tying into existing points of connection where possible. Specifications detailing materials and workmanship for all of the above items will be provided to Greenbook and City of Palm Desert Standard Drawings and Specifications. Drainage Analysis and Reports Based upon reports obtained from the City in the Data Collection Task, ERSC will review the existing hydrology for the area contributary to Gerald Ford Drive. ERSC will either prepare a drainage letter confirming and agreeing to the reported study or will have calculated and documented their analysis of the hydrology for the project area and summarized for submittal to the City. As noted earlier in this proposal, a drainage course is observed north of where the Fire Station is to be located. There is the possibility of a storm drain to be constructed to pick up the flow from the southside of Gerald Ford to the northside. If this is deemed necessary, ERSC will provide the necessary hydraulic calculations for sizing of the storm drain pipe and include in the plans the expected point of connection and provide details required to construct the storm drain. 29 Item 1D-50 Proposed Method Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Deliverables: •Written responses to RFI’s, process shop drawings and submittals, and construction design changes •Final “as-built” drawings reflecting construction changes Water Quality Management Plan ERSC shall prepare a Water Quality Management Plan (WQMP) for the project site following the guidelines of the Whitewater River Region Stormwater Management Plan, dated January 2015, Revised, and NPDES Permit No. CAS617002 for the Colorado River Basin Region. The WQMP will calculate the area contributing to the project site before and after improvements are made; will perform calculations on capture structures of the storm runoff; address the pollutants of concern that need to be treated through appropriate Best Management Practices (BMPs); and summarize the maintenance and operational responsibilities of the BMPs, once implemented. ERSC will request of the City the template used in the preparation of the WQMP and fill out the template with concurrence from the City on Project Category, feasibility on potentially applicable LID BMPs, recommended source control BMPs and provide sizing calculations. The agreed upon BMPs will be incorporated into the construction plans. TASK F - CONSTRUCTION COST ESTIMATE & SPECIFICATIONS ERSC’s Team will prepare the Technical Provisions of the Specifications and the Bidding Schedule which will identify all related bid items for the project for incorporation into the General Provisions part of the Specifications which will be supplied by the City of Palm Desert. Specifications will be prepared, based upon the latest edition of the Greenbook and Caltrans, in Word format and Engineer’s Estimate will be prepared in Excel format, unless requested differently. TASK G – PUBLIC ENGAGEMENT Throughout the duration of the Project, ERSC and appropriate Team members will conduct and attend various public involvement activities. These will be related to Project alternatives and how they may affect adjacent landowners and nearby community members. Items of discussion may be the Projects’ effects on the environment, traffic impacts and/or property access during construction. Meeting dates and information will be distributed through traditional means of outreach such as mailing of post cards, preparing handouts for distribution at public facilities and preparing information articles for the City’s Bright Side newsletter. Coordination will be with the City’s Public Information Officer or as directed by the City. ERSC will not knock on doors to hand deliver any information. The City will determine area of impact for notifications. ERSC will provide all correspondence in English with any translation to another language being performed by the City. TASK H – BIDDING SUPPORT AND CONSTRUCTION SUPPORT ERSC’s Project Manager and STC key personnel will attend pre-bid and pre-construction meetings upon notification by the City. In addition, if the City concurs, a pre-construction utility research and construction field meeting with the utility companies will be schedule. Once project is advertised for bid the ERSC Team will work closely with City staff to respond to bid RFI’s. Should addenda be required, the ERSC team will assist the City with preparation. All written responses to Bidder inquiries will be provided within two working days of receipt. During the construction phase, ERSC’ Team will provide review of shop drawings and materials/product submittals for conformance with the plans and specifications. ERSC staff will be available to review change orders and provide clarification of design intent when necessary. Within thirty (30) days following the completion of construction of the streets and acceptance of the Project, ERSC will furnish a complete set of As-Builts, including traffic signal and landscape plans, on bond paper to the City. Revisions will be solely based upon as-built information provided to the City and ERSC by the Contractor. Upon approval of bond copy of plans by the City, ERSC will plot the As-Builts on Mylar for submittal to the City for their records. The record drawings will be approved/sealed by the engineer of record. SCHEDULE See the following page for project schedule. EXCLUSIONS This proposal does not include preparation of SWPPP Plans/Reports. Deliverables: •Draft WQMP •Final WQMP Deliverables: •Bid Schedule and Engineer’s Estimate for Civil Engineering related items at 65% Submittal •Technical Provisions, Bid Schedule and Engineer’s Estimate at 90% Submittal •Final Technical Provisions, Bid Schedule and Engineer’s Estimate at 100% Submittal Deliverables: •Attendance at up to two (2) stakeholder meetings, in person on virtual •Preparation of Exhibits and documents for use at meetings •Preparation of Information Post Cards for properties abutting the Project •Preparation of Information Cards/Exhibit for City facilities •Preparation of Articles for City’s Bright Side newsletter Assumptions: •All correspondence will be prepared in English. •All material delivery will be to the City with no direct contact to business or residents except at scheduled meetings. 30 Item 1D-51 ID Task NameDuration StartFinish1City of Palm Desert2North Sphere Fire Station Offsite Improvements34City of Palm Desert - City Council Approval1 dayThu 4/27/23Thu 4/27/235NTP/Kick-Off Meeting 1 dayTue 5/16/23Tue 5/16/236Task A - Project Management, Meetings & Coordination265 daysTue 5/16/23Mon 5/20/247Task B - Data Collection10 daysFri 5/19/23Thu 6/1/238As-Built Research10 daysMon 5/22/23Fri 6/2/239Survey and Mapping25 daysMon 5/29/23Fri 6/30/2310Geotechnical Analysis25 daysMon 6/12/23Fri 7/14/2311Task C - Feasibility & Alternative Analyis15 daysMon 6/12/23Fri 6/30/2312Alternative Alignments15 daysMon 6/12/23Fri 6/30/2313Task D - Preliminary Engineering & Environmental Documentation35 daysMon 7/3/23Fri 8/18/2314Preliminary Engineering15 daysMon 7/3/23Fri 7/21/2315Environmental Documentation25 daysMon 7/17/23Fri 8/18/2316Task E - Final Engineering101 daysMon 7/24/23Mon 12/11/231765% Submittal25 daysMon 7/24/23Fri 8/25/231865% City Review 15 daysMon 8/28/23Fri 9/15/231995% Submittal 25 daysMon 9/18/23Fri 10/20/232095% City Review 15 daysMon 10/23/23Fri 11/10/2321100% Final Plans, Specifications & Engineer's Estimate15 daysMon 11/13/23Fri 12/1/2322Mylars & Specifications Signed/Approved1 dayMon 12/11/23Mon 12/11/2323Task G - Public Engagement110 daysMon 7/3/23Fri 12/1/2324Task H -Bidding & Construction Support95 daysTue 1/9/24Mon 5/20/2425Bidding Support20 daysTue 1/9/24Mon 2/5/2426Construction Support60 daysTue 2/27/24Mon 5/20/244/275/1612/11AMJJASONDJFMAMHalf 2, 2023Half 1, 2024City of Palm DesertNorth Sphere Fire Station Offsite Improvements31Item 1D-52 Years of Service Celebrating Engineering Resou rc e s o f Southern C alif o r ni a, Inc.Since 1 9 9 6 Item 1D-53 FEE PROPOSAL Professional Design & Engineering Services - North Sphere Fire Station Offsite Improvements Submitted: March 28, 2023 Item 1D-54 Local Office:1861 W. Redlands Blvd.Redlands, CA 92373(909) 890-1255, info@erscinc.com Evaluation Period Contact:Lori Askew Project Manager(909) 890-1255 x110laskew@erscinc.com 1861 W. Redlands Blvd. | Redlands, CA 92373(909) 890-1255 | info@erscinc.com | www.erscinc.com Years of Service Celebrating Engineering Reso u rc e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 March 28, 2023 City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Lucero Leyva Sanchez, Project Manager RE: Fee Proposal for Professional Design & Engineering Services - North Sphere Fire Station Offsite Improvements Dear Ms. Leyva-Sanchez: Engineering Resources of Southern California (ERSC) is committed to addressing our clients’ needs in a responsive, budget-conscious, focused, and technically sound manner. In response to the City’s Request for Proposal, ERSC submits our fee schedule for the Proposal to Provide Professional Design and Engineering Services for the Offsite Improvements of the North Sphere Fire Station (FS102). ERSC’s services are based on the enclosed Fee Schedule of Hourly Billing Rates. The rates will remain the same throughout the PSA agreement. We look forward to the possibility of working with the City of Palm Desert, and thank you for the opportunity to submit a proposal. If you have any questions or require additional information, please contact me at matt@erscinc.com or (909) 890-1255, ext. 103. I am authorized to bind the firm in a potential agreement. Respectfully submitted, John M. Brudin, PE Lori Askew President Principal Engineering – Project Manager Item 1D-55 DESCRIPTION Principal in Charge,PresidentMatt Brudin, PE, QSDProject Manager, Principal EngineerLori AskewProject Engineer,Engineer IVTrent Brudin, PEDesign Engineer,Engineer IIKatherine HernandezSr. Principal EngineerErik Howard, PLS2-Man Survey CrewSenior Engineering AssociateCraig BrudinEngineering Associate IAdministrative Support Administrative Assistant IIERSC SUBTOTALSTC Traffic, Inc.Traffic EngineeringCommunity Works Design GroupLandscape ArchitectureAragon Geotechnical, Inc.Terra Nova Planning & Research, Inc.PotholingSUBCONSULTANT SUBTOTALTOTAL $285 $215 $165 $135 $240 $300 $175 $105 $85 4.00 40.00 20.00 - - - - - -13,040.00$ 8,558.00$ -$ -$ -$ -$ 8,558.00$ 21,598.00$ SUBTOTAL 1,140.00$ 8,600.00$ 3,300.00$ -$ -$ -$ -$ -$ -$ 13,040.00$ 8,558.00$ -$ -$ -$ -$ 8,558.00$ 21,598.00$ As-Built Research, Investigation & Review -2.00 2.00 8.00 - - - -8.00 2,520.00$ -$ 1,793.00$ -$ -$ -$ 1,793.00$ 4,313.00$ Utility Coordination, Research, Notifictiion & Potholing -1.00 2.00 8.00 - -1,625.00$ -$ 1,625.00$ Potholing 1.00 1.00 2.00 4.00 1,350.00$ 8,250.00$ 8,250.00$ 9,600.00$ Survey & Mapping -1.00 4.00 2.00 32.00 12.00 46.00 17,715.00$ -$ 17,715.00$ Geotechnical Investigation & Report -1.00 1.00 - - - - - -380.00$ 15,291.10$ 15,291.10$ 15,671.10$ Infiltration Feasibility Study -1.00 - - - - - -165.00$ 4,488.00$ 4,488.00$ 4,653.00$ SUBTOTAL -$ 1,075.00$ 1,320.00$ 2,970.00$ 480.00$ 9,600.00$ 2,800.00$ 4,830.00$ 680.00$ 23,755.00$ -$ 1,793.00$ 19,779.10$ -$ 8,250.00$ 29,822.10$ 53,577.10$ FEASIBILITY & ALTERNATIVES ANALYSIS Alternative Design Plans 1.00 4.00 8.00 16.00 - - - -16.00 5,985.00$ -$ -$ -$ -$ -$ -$ 5,985.00$ Basis of Design Memo 8.00 4.00 2.00 - - - - -2,650.00$ 5,632.00$ 5,632.00$ 8,282.00$ SUBTOTAL 285.00$ 2,580.00$ 1,980.00$ 2,430.00$ -$ -$ -$ -$ 1,360.00$ 8,635.00$ 5,632.00$ -$ -$ -$ -$ 5,632.00$ 14,267.00$ PRELIMINARY ENGINEERING & ENVIRONMENTAL DOCUMENTATION Preliminary Engineering -2.00 4.00 12.00 - - - - -2,710.00$ 8,976.00$ 6,737.50$ -$ -$ -$ 15,713.50$ 18,423.50$ Environmental Documentation -1.00 2.00 2.00 - - - - -815.00$ 19,305.00$ 19,305.00$ 20,120.00$ SUBTOTAL -$ 645.00$ 990.00$ 1,890.00$ -$ -$ -$ -$ -$ 3,525.00$ 8,976.00$ 6,737.50$ -$ 19,305.00$ -$ 35,018.50$ 38,543.50$ FINAL ENGINEERING Street Improvements 1.00 4.00 24.00 116.00 - - - - -20,765.00$ -$ -$ -$ -$ -$ -$ 20,765.00$ Signing & Striping Plan, includes Specs & Cost Estimate 1.00 - - - - -215.00$ 20,988.00$ -$ -$ -$ -$ 20,988.00$ 21,203.00$ Traffic Signal Plans, includes Specs & cost Estimate -1.00 -- - - - - -215.00$ 25,080.00$ 25,080.00$ 25,295.00$ Traffic Signal Interconnect Plan (Optional)-1.00 - - - - - -215.00$ 14,388.00$ -$ -$ -$ -$ 14,388.00$ 14,603.00$ Landscape Improvement Plans, includes Specs & Cost Estimate -1.00 - - - - - - -215.00$ 15,092.00$ 15,092.00$ 15,307.00$ Drainage Analysis 1.00 2.00 36.00 8.00 - - - - -7,735.00$ -$ 7,735.00$ Water Quality Management Plan 1.00 2.00 36.00 8.00 - - - - -7,735.00$ -$ 7,735.00$ SUBTOTAL 855.00$ 2,580.00$ 15,840.00$ 17,820.00$ -$ -$ -$ -$ -$ 37,095.00$ 60,456.00$ 15,092.00$ -$ -$ -$ 75,548.00$ 112,643.00$ 1.00 8.00 24.00 16.00 - - - -8,125.00$ -$ -$ -$ -$ -$ -$ 8,125.00$ SUBTOTAL 285.00$ 1,720.00$ 3,960.00$ 2,160.00$ -$ -$ -$ -$ -$ 8,125.00$ -$ -$ -$ -$ -$ -$ 8,125.00$ 2.00 16.00 12.00 8.00 - - - -8.00 7,750.00$ -$ -$ -$ -$ -$ -$ 7,750.00$ SUBTOTAL 570.00$ 3,440.00$ 1,980.00$ 1,080.00$ -$ -$ -$ -$ 680.00$ 7,750.00$ -$ -$ -$ -$ -$ -$ 7,750.00$ BIDDING & CONSTRUCTION SUPPORT Construction Bidding Phase -2.00 8.00 8.00 - - - - -2,830.00$ -$ -$ -$ -$ -$ -$ 2,830.00$ Construction Support Phase & As-Built Drawings 1.00 4.00 8.00 16.00 - - - -4,625.00$ 3,608.00$ 4,812.50$ 8,420.50$ 13,045.50$ SUBTOTAL 285.00$ 1,290.00$ 2,640.00$ 3,240.00$ -$ -$ -$ -$ -$ 7,455.00$ 3,608.00$ 4,812.50$ -$ -$ -$ 8,420.50$ 15,875.50$ 500.00$ -$ 1,375.00$ -$ -$ -$ 1,375$ 1,875.00$ 109,880.00$ 87,230.00$ 29,810.00$ 19,779.10$ 19,305.00$ 8,250.00$ 164,374.10$ 274,254.10$ 274,254.10$ 245,398.10$ Optional costs are identified in italics PROJECT TOTAL/NOT - TO - EXCEED (Excluding Optional Costs) Task E PROJECT TOTAL/NOT - TO - EXCEED (Including Optional Costs) Reimbursable Expenses (Repro, Plotting, Shipping, Mailing and Mileage) TOTALS Task F CONSTRUCTION COST ESTIMATE & SPECIFICATIONS Task G PUBLIC ENGAGEMENT Task C Task D DATA COLLECTIONTask B Task H FEE SCHEDULE City of Palm Desert Professional Engineering & Design Services for North Sphere Fire Station Offsite Improvements TASK NO. Project Management, Meetings & CoordinationTask A Item 1D-56 Years of Service Celebrating Engineering Reso u r c e s of Southern C alif o r ni a, Inc.Since 1 9 9 6 Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff President ...........................................................................$285.00 Vice President ....................................................................$245.00 Sr. Principal Engineer .........................................................$240.00 Principal Engineer ..............................................................$215.00 Assistant Principal Engineer ..............................................$200.00 Engineer V .........................................................................$180.00 Engineer IV ........................................................................$165.00 Engineer III ........................................................................$150.00 Engineer II .........................................................................$135.00 Engineer I ..........................................................................$120.00 Engineering Staff Principal Engineering Associate .........................................$195.00 Senior Engineering Associate ............................................$175.00 Engineering Associate V ....................................................$155.00 Engineering Associate IV ...................................................$135.00 Engineering Associate III....................................................$125.00 Engineering Associate II.....................................................$110.00 Engineering Associate I......................................................$105.00 Engineering Aide II ..............................................................$60.00 Engineering Aide I ...............................................................$55.00 Survey Staff and Services Principal Surveyor..............................................................$200.00 Senior Surveyor .................................................................$165.00 Surveyor III ........................................................................$130.00 Surveyor II .........................................................................$115.00 Surveyor I ..........................................................................$100.00 2-Man Survey Crew (Std Equipment/Truck) ......................$300.00 1-Man Survey Crew (Std Equipment/Truck) ......................$235.00 3rd Man on Survey Crew ...................................................$130.00 Construction Support Staff Construction Manager .......................................................$200.00 Chief Construction Inspector .............................................$155.00 Sr. Construction Inspector .................................................$145.00 Construction Inspector ......................................................$135.00 Inspector Overtime (Hours 8-12/Saturdays) .....................$185.00 Inspector Overtime (Hours 12+/Sundays) .........................$220.00 Administrative Staff Operations Manager .........................................................$110.00 Operations Specialist ...........................................................$95.00 Administrative Assistant II ...................................................$85.00 Administrative Assistant I ....................................................$75.00 Other Direct Expenses Vehicle Mileage ................................................$0.70/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges .....................Cost + 15% Forensic Analysis .................................Standard Rate X 2 Expert Witness ....................................Standard Rate X 3 NOTE: All rates hereon are subject to automatic increase upon July 1st of each year. Rates will be adjusted by the percent increase in California Consumer Price Index- All Urban Consumers for the twelve-month period ending February as calculated by the California Department of Industrial Relations (CADIR) California Consumer Price Index Calculator. Prevailing Wage Rates are dictated by the CADIR. All classifications which are subject to Prevailing Wages will be adjusted when revised determinations are published by the CADIR. Unless otherwise established by contractual agreement, payment is due and payable upon receipt. Payment is considered delinquent if not paid within 30 days of invoice date. If payment is not completed within agreed terms, Client agrees to pay a service charge on the amount past due at the rate of 1.5% per month (18% per annum). January 1, 2023 Item 1D-57 Years of Service Celebrating Engineering Resou rc e s o f Southern C alif o r ni a, Inc.Since 1 9 9 6 Item 1D-58 Over the past 25 years, Mr. Brudin has been involved in a number of complex planning, design and construction projects. His ability to effectively communicate with agency personnel and team members provides the vital link between client and consultant and ensures that the goals of each project are met. Mr. Brudin has a broad base of experience in various disciplines including water resources, site development, streets and roads, grading and drainage and flood control facilities. Mr. Brudin has served as a District Engineer for the Lake Hemet Municipal Water District, City Engineer for the City of Hemet, and 1as a Project Manager for “as-needed” professional engineering plan check services for several cities in the Orange, Riverside and San Bernardino County areas. Under these contracts, he has managed construction inspection/ administration, development review, and plan check services for land development and capital projects, including grading, water, sewer, drainage, traffic signal and street improvement plans. CA, Civil Engineer No. C41836 QSD/QSP No. 00707 BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA American Public Works Assc. Floodplain Management Assc. Water/Wastewater Engineering Flood Control Engineering Project Management Quality Control Education Affiliations Areas of Expertise Similar Project Experience: Overland Bridge at Murrieta Creek, CNS Engineers, Temecula, CA, 2020-Present, $316k to date - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of a bridge structure over and across Murrieta Creek connecting Avenida Alvarado at the intersection of Diaz to the west of the creek, with Overland Drive at the intersection of Enterprise Circle to the east of the creek. State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA, 2019-Present, $540k to date – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Roadway design and environmental clearance for the Street; a vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. 40th Street Widening Project, City of San Bernardino, CA, 2017-18, $245k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. Also included is traffic signal modifications at Electric Ave. and drainage modifications. Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-19, $107k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. Riverside Drive Street Widening, Signal Modifications, Signing and Striping, Lake Elsinore, CA, 2016-17, $258k - Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Coordinated completion of all CalTrans requirements to facilitate completion of the project. Washington Street at Fred Waring Drive Triple Left Turn Lanes Project, City of La Quinta, La Quinta, CA, 2019-21, $165k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design of intersection modifications incorporating a third left turn lane in each direction to reduce traffic during peak hours. The scope also included CEAQ document preparation, utility coordination and PS&E. Traffic Signal System – Rancho California Road and Tee Drive, City of Temecula, Temecula, CA, 2020-21, $27k – Principal in Charge responsible for technical and budget oversight, resource allocation and contract management throughout the assignment. Design and utility coordination for a new traffic signal system, including a new power source. Exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. Staff are also exploring removing existing streetlights in the intersection and replacing with traffic signal safety lighting. The City is also currently undergoing streetlight conversions to LED as a part of the WRCOG Regional Streetlight Program. The proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi- use Trails and Bikeways Master Plan. John M. Brudin, PE | President Item 1D-59 Ms. Askew has over 30 years of experience in design and management of public and private improvement projects. She has spent the past 20 years as a local municipal employee in Public Works with the last eight years in an executive management position overseeing various levels of staff and consultants. She has managed Capital Improvement Program projects for streets, storm drains, water and sewer in addition to large land development projects with significant grading challenges. She is very knowledgeable in understanding the workings and challenges of local government and comprehends the constraints of various City funding sources such as Gas Tax, Measure A and SB1. Ms. Askew has been city liaison to Western Riverside Council of Governments (WRCOG), Riverside County Flood Control & Water Conservation District, Caltrans, Riverside County Transportation Commission (RCTC), several water districts and school boards. Land Development Municipal Engineering Traffic and Transportation Areas of Expertise BS, Civil Engineering, Michigan Technological University, Houghton, MI Education Similar Project Experience: County Line Road Transportation Corridor Improvement Project: Project Manager for design and construction of street improvements including pavement widening to include bike lanes, installation of curb, gutter, sidewalk and construction of round-abouts at 4 intersections. Project is joint improvement project with adjacent city, as street centerline is City and County boundary. Project challenges include various funding sources through grants, coordination with adjacent city/county, right-of-way acquisitions, and construction in phases. Calimesa Creek Storm Drain Improvements: Project manager overseeing design and construction for nearly 2,000 lf of 18” – 78” RCP storm drain pipe, 200lf of 6’ x 6’ concrete box structure and 53-acre-foot detention basin. Project will minimize erosion of Calimesa Creek by transitioning from an open channel system which currently discharges into Calimesa Creek, to a closed system. Only low flows will remain in the Creek, thus eliminating the need to mitigate significant acreage. Detention Basin upstream eliminates the need for existing pipe at downstream end of system to be enlarged under the I-10 freeway. Project is funded with EPA grant, Riverside County Flood Control & Water Conservation District Funds and City Development Impact Fees. Third Street Improvement Project: Project Manager responsible for overseeing design and construction of 3,300 linear feet of Third Street from Valley View Avenue to Corona Avenue which includes removal of existing asphalt street and replacement with full street improvements, within existing right-of-way, consisting of curb, gutter, asphalt pavement, equestrian trail with fence, replacement of private improvements to match new grades. Also included were storm drain improvements on Reservoir Drive, north and south of Third Street which involved installation of over 1,800 linear feet of 30-inch HDPE pipe and 400 linear feet of smaller size HDPE pipe. Funding for this portion of the project was through Riverside County Flood Control and Water Conservation District as one of their Master Drainage Plan projects. Navy to Norco College (RCC) Sewer Improvements: Project designer and project manager overseeing construction of 1,100 linear feet of 8-inch VCP sewer line and related appurtenances from a lift station located on Navy property to a city owned SSMH located on the Norco College Campus. The biggest challenges for the project was finding a route through the Norco College Campus that allowed the sewer line to flow by gravity and a construction schedule that minimized disruption to the Campus. Hamner Avenue Widening Project: Project Manager responsible for overseeing the design and construction of 3,600 linear feet of Hamner Avenue from the north City boundary to north of the Hamner Avenue Bridge. Hamner Avenue was widened from a two-lane street to three lanes in each direction but currently striped for two in each direction. Improvements include curb, gutter, sidewalk, asphalt pavement, relocation of a City of Norco 20-inch potable waterline, installation of a 30-inch waterline owned by the Chino Desalter Authority (as part of their future expansion), and storm drain improvements. The traffic signal at Citrus Street was modified for a four-way intersection to accommodate the future Silverlakes Equestrian and Sports Park. A 42-foot-wide by 15-foot-high causeway was constructed under Hamner Avenue south of Citrus Street to provide flood relief from the adjacent Santa Ana River and also provide access to the adjacent park on the west side of Hamner Avenue located in the City of Eastvale. A detention basin was constructed as part of the project and resides on the west side of Hamner Avenue, south of Citrus Street and acts as a desilting basin for the 72” storm drain that discharges to it. Hamner Avenue design took into consideration the future replacement of the Hamner Avenue Bridge. Second Street Improvement Project: Project Manager overseeing the design portion of the project which was done by a contract engineer beginning in late 2004. The project consisted of widening Second Street, a designated collector street, to its ultimate right- of-way between the I-15 Freeway and Corona Avenue, with full street improvement consisting of curb, gutter, asphalt pavement, pedestrian-equestrian trail with fence, realignment of the intersection with Valley View Avenue, storm drain improvements and utility relocations. Design also included pavement rehabilitation of Second Street from Corona Avenue to Hillside Avenue. Land acquisition and coordination with Caltrans delayed construction of the project which did not begin until early 2011. Additional Lori Askew | Principal Engineer Item 1D-60 Lori Askew | Principal Engineer responsibilities for this project include construction management where I was responsible for overseeing all aspects of construction. Auger/Grinder Sewage System Project: Responsible for the design of a wastewater system which incorporated a packaged wastewater auger/grinder system to be installed on California Rehabilitation Center (CRC) property. The system removed unwanted solids and sludge discharged from CRC prior to entering the collection system owned by the City of Norco and ultimately the treatment facility owned by Western Riverside County Regional Wastewater Authority (WRCRWA). Cherry Valley Boulevard/I-10 Interchange: City Liaison to Riverside County Transportation Department who is acting as lead for the City of Calimesa on this project. The Project is the reconstruction of an interstate freeway interchange to accommodate significant residential and commercial growth surrounding the interchange. The Project is being processed through Caltrans with the Project Study Report having been completed and approved in 2018. It is now in the PA/ED phase. Interchange configuration alternatives being considered are Round-Abouts, Diverging Diamond and Partial Cloverleaf. Funding is secured up to the construction phase through Developer Impact Fees and credit agreements with the Western Riverside Council of Government’s (WRCOG) Traffic Uniform Mitigation Fee (TUMF) program. Silverlakes Equestrian and Sports Park: Project Manager overseeing the concept creation, planning and construction of a City owned 122-acre parcel of land with a federal deed restriction over it for Park use only. Challenges included parcel being located in a flood zone adjacent to the Santa Ana River, working with the Army Corp of Engineers after a flooding of the property occurred during construction, development being funded privately by developer and crafting a 99-year lease to developer. Project has 25 soccer fields including natural and synthetic turf, competition horse arenas, paved and porous parking lots and eating facilities. Item 1D-61 Mr. Brudin was introduced to the industry in 2012 as an intern at Lake Hemet Municipal Water District. Since then, he has held positions as Assistant Project Engineer and Project Engineer at C.W. Driver, a general contracting firm, until shortly after his graduation in 2015 when he took a position as Associate Civil Engineer at Parsons Corporation. Trent joined the ERSC team as Engineer II in early 2016. Mr. Brudin’s time in the industry has been spent providing hydrology studies, drainage design, site grading, geometric site layout, WQMP and SWPPP documentation, intersection improvements, traffic signal modifications, water and wastewater pipeline design, water feasibility studies, and so on. CA, Professional Engineer No.90924 AZ, Professional Engineer No. 73812 QSD No. C90924 BS, Civil Engineering, Loyola Marymount University, Los Angeles, CA Site Layout & Geometrics Hydrology & Drainage AutoCAD Civil 3D Traffic and Transportation Water and Wastewater SWPPP Compliance SWPPP Development Education Areas of Expertise Similar Project Experience: Riverside Drive Street Widening, Signal Modifications, Signing and Striping, City of Lake Elsinore, Lake Elsinore, CA – Project Engineer in the development of program documents and planning and design activities related to the reconstruction of an existing campground located along Riverside Drive on the westerly end of Lake Elsinore. Steven coordinated completion of all CalTrans requirements to facilitate completion of the project. Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, La Quinta, CA – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans. La Cadena and 8th Street Intersection Reconfiguration, City of Colton, CA – Project Engineer during reconfiguration of the La Cadena & 8th Street intersection. Staff created a concept considering the wishes of City staff and council members that would reconfigure the intersection. The new concept included a free right bypass lane protected by raised median for north west traffic on La Cadena. Traffic from surrounding residential streets would stop at the new intersection with turn restrictions and channeled through raised medians for additional traffic calming. The reconfiguration of the intersection also required reconfiguration of existing drainage improvements. 40th Street Widening Project, City of San Bernardino, San Bernardino, CA – Project Engineer for the design of the 40th Street Widening Project in San Bernardino. 40th Street is to be widened to allow 4 travel lanes, new sidewalk, and drainage improvements. The project stretches from Victoria Ave to Kendall Drive. The project requires ROW take from existing residences and businesses in the project vicinity to provide adequate length. Also included is traffic signal modifications at Electric Ave. and drainage modifications. State Street Gap Closure Project, City of San Bernardino, San Bernardino, CA – Project Engineer for roadway design and environmental clearance for the Street; a vital transportation corridor. The final four lane roadway will improve traffic circulation from Baseline Street to SR210 Freeway. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design also includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and connecting to existing portions to the north and south. ROW acquisition is required to complete the project. Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA – Project Engineer on the design of the Aliso Creek Road Rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit. Trent Brudin, PE, QSD | Engineer IV Item 1D-62 Similar Project Experience: State Street Gap Closure Project, City of San Bernardino, CA, 2019-Present, $540k to date - Project Engineer for roadway design and environmental clearance this vital transportation corridor. State Street will be a four-lane roadway with a center median and bike lanes connecting Baseline Street to State Route 210. The design includes a new roadway in the portion of the project where no transportation infrastructure exists, rehabilitating existing portions to updated standard, and ROW acquisition is also required. Washington Street at Fred Waring Drive Triple Left Turn Lanes, City of La Quinta, CA, 2019-21, $165k – Project Engineer assisting in design of improvements to this high traffic intersection by adding a third, left turn lane in each direction of the intersection in order to alleviate traffic congestion and improve traffic flow. Ms. Hernandez also assisted on the detailed project description, plans, bid schedules, bid item descriptions, payment methods, engineer’s estimate, special provisions, technical specifications, and any specification detail sheets and relevant standard plans. Traffic Signal System, Rancho California Road and Tee Drive, City of Temecula, CA, 2020- 21, $27k - Project Engineer during the design and utility coordination for a new traffic signal system, including a new power source. Work includes exploration and evaluation of several blow offs, valves and manholes valves, as well as overhead electrical lines along the south side of the intersection. In addition to the utilities, the proposed design will incorporate necessary features to facilitate bicycle crossings at the intersection per the City of Temecula’s Multi-use Trails and Bikeways Master Plan. Design of Murrieta Creek Bridge, City of Temecula, CA, 2020-Present, $316k to date – Assisting in the design of a bridge structure over Murrieta Creek connecting Overland Drive at the intersection of Enterprise Circle West on the east side of the Creek to Avenida Alvarado at the intersection of Diaz Road on the west side of the Creek. Ms. Hernandez also assists on the PS&E and utility research and coordination. Aliso Creek Road Rehab from Aliso Viejo Parkway to SR-73, City of Aliso Viejo, CA, 2017-Present, $47k – Project Engineer on the design of this rehab project, which included the grind and overlay of the roadway, localized full depth replacements, signing and striping, traffic signal loops, traffic control and Caltrans Coordination. The project involved additional detailed design of ADA ramps at the SR-73 interchange and obtaining a Caltrans Encroachment permit. Golden Avenue Bridge Replacement Project, Biggs Cardoza Associates, Placentia, CA, 2017-20, $107k - Project Engineer during the development of plans for the bridge replacement project in Orange County. ERSC coordinated plans for channel modification and permitting with ACOE. ERSC also provided geometric layout including aligning with existing streets, identification of existing utilities and storm drains, proposing new storm drain locations, an adequate bridge width to accommodate future traffic, pedestrian and bike flows, and the placement of the OC Bike Loop that is planned to run within the Carbon Creek channel. Rancho Ave. A & N Street Intersection Improvements, City of Colton, CA, 2020-Present, $37k to date - Project Engineer during traffic and civil engineering services to the City of Colton to improve safety at the Rancho Avenue and N Street intersection. The new intersection will include reduced lanes from 2 to 1 approaching the intersection, signing/ striping improvements, permanent delineators, and a CalTrans High Tension Barrier System. Also provided services for design survey, pavement reconstruction, raised median, ADA, and curb and gutter improvements. Katherine Hernandez | Engineer II Ms. Hernandez is proficient in geographic and environmental engineering, able to identify and solve problems related to environmental, geographical and territorial resources, interrelated with social processes and territorial ordering through sustainable development. Qualified to make cartography with modern technologies related to geographic information systems (GIS). BS, Geographic and Environmental Engineering, University of Applied and Environmental Sciences (UDCA), Bogotà, Colombia Environmental Analysis Water Resources Planning Education Areas of Expertise Item 1D-63 Similar Project Experience: Winchester Property Land Survey Mapping Services, Soboba Band of Luiseno Indians, San Jacinto, CA - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions. ERSC was contracted to provide professional surveying and mapping services related to the Tribe’s property at the Northeast and Southeast corners of the intersection of Winchester Road and Domenigoni Parkway. On-Call Civil Engineering and Plan Check Services, City of Colton – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during Engineering and Plan Check services in the City. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP, SWPPP, lot line adjustments, and parcel maps. ERSC also provides on-call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration. General Plan Check Services, City of Chino – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during general plan check services to the City of Chino since 2016. In the City of Chino, ERSC is commissioned to provide the review of Rough and Precise Grading Plans, Wet Utility, Plans (e.g. Sewer, Water, Storm Drain), Street Improvement Plans, Street Light Plans and Voltage Drop Calculations, Hydrology Studies and Hydraulic Calculations, Water Quality Management Plans (WQMPs), Survey documents and maps, and oils Reports, for private development and capital improvement projects throughout the City. On-Call Plan Check, Inspection and Design Services, City of Beaumont – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during civil engineering plan check, design, and inspection services. ERSC reviews development projects, CIP projects, and WQMPs. Development plans range from 1-million sqft commercial complexes to multiple lot subdivisions. As an on- call design consultant, ERSC is responsible for paving projects, survey projects, and drainage projects. On-Call Plan Check and Inspection Services, City of Banning – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during plan check of residential and CIP projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations. ERSC also provides conditions of approvals for City projects, as needed. Stagecoach and Substation Topographic Survey, On-Call Engineering and Design Services, City of Banning - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions as part of an on-call engineering agreement. ERSC was contracted for land surveying services related to the development of the Ivy Substation Project at 1581 Charles Street and the Stagecoach Substation Project located on Hargrave Street. ERSC performed boundary and topographic surveys of both sites to establish the boundary and locate the property corner monuments. On-Call Plan Check and Construction Inspection Services, City of Highland – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during an on-call professional services agreement with the City of Highland. ERSC provides contract plan check and inspection services for the construction of public works and privately funded improvements, including site improvements, street improvements, paving, sidewalk, curb, gutter, grading, and earthwork. Work also included site review for compliance with City standards and traffic control requirements. ERSC also provides plan checking services for all parcel and tract maps, as well as hydrology review. On-Call Plan Check Services, City of Lake Elsinore – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during civil engineering plan check services to the City of Lake Elsinore since in 2016. As part of an on-call contract with the City, ERSC provides review of the following plans and documents: Traffic Signal Plans; Improvement Plans; Grading Plans; Final Maps and Craig Brudin, QSP | Sr. Engineering Associate Education BS, Environmental Policy & Management BA, Business Managerial Studies Affiliations CASQA Areas of Expertise Erosion and Sediment Control Water Quality Improvement Plan Check Survey and Mapping Mr. Brudin has been with the ERSC team since 2014. Since joining, he has become a valuable member of ERSC’s project team in both survey related tasks and plan and map review services. While providing these services he has gained extensive working knowledge of the subdivision map act, local grading manuals, ordinances and design guidelines, the California Building Code, local wet utility design guidelines and the preparation and evaluation of erosion control plans. In various Cities, he is responsible for the review of maps, legal documents, mass and rough grading plans, residential precise grading plans, grading plans for residential development, commercial development projects, sewer improvement plans, and erosion control plans. CA, QSP No. 26269 CESSWI No. 4852 Real Estate Sales Person License - CA Dept.of Real Estate Item 1D-64 Craig Brudin, QSP | Sr. Engineering Associate Parcel Maps; Dedications, Easements; Vacations, Quitclaims; Parcel Mergers; Lot Line Adjustments; WQMP Submittals; Hydrology and Hydraulic Studies/Reports; HEC-5 Studies; Traffic Analyses, Studies, Reports; Soil/Geotechnical Studies/Reports; Alquist Priolo Studies/ State Submittals; Erosion Control Designs; Review of Technical Specifications for Proposed Improvements within City Road Rights of Way. Plan Checking and Project Management, City of Palm Springs – Project Engineer responsible for review of maps, legal documents, improvement plans, and grading plans during an on-call professional services agreement with the City of Palm Springs, ERSC provides plan and map checking for the City’s development projects. Specific tasks include the review of improvement plans, final subdivision maps, and other survey related documents as prepared by design consultants for accuracy and completeness, conformance to local codes, ordinances, and design standards. 11th Street Pavement Rehabilitation Project, City of Chino - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions during design of a street pavement reconstruction, alley, and intersection accessibility project. Special considerations were paid to concurrent storm drain projects as well as potential impacts from asphalt conditions, existing utilities, and ADA requirements in affected alleyways. Murrieta Inverted Sewer Siphon, Western Municipal Water District, Murrieta, CA- Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions during the design of an upgrade an existing 8-inch sewer siphon. The project will upgrade the siphon from a single barrel to a larger diameter or a “double barrel” configuration where the line crosses below a Flood Control District owned channel. ERSC will develop a profile of the 8-inch inverted siphon using CCTV and prepare plan and profile drawings of this line. East Drop Structure Repair Mitigation Within Whitewater River Channel, City Of Indian Wells, Indian Wells, CA – Survey Party Chief responsible for oversight of field data collection and processing including data reduction and base mapping supervision during redesign of the East Drop Structure along the Whitewater River. Site analyses and development of potential replacement structures such as a concrete drop structure that incorporates a baffle chute at the outlet of the low flow channel, a USBR stilling basin or a drop structure similar to the one constructed in 1995 using materials sized to withstand the anticipated flows. Regulatory permitting and clearance for an RWQCB CWA Section 401 Water Quality Certification, CDFW 1602 Streambed Alteration Agreement, USACE Nationwide Section 404 Dredge and Fill Permit, and CEQA IS/MND coordination. Strawberry Creek Diversion Pipeline, Idyllwild, CA - Project Surveyor responsible for field data collection, base map preparation, plat maps, and drafting of legal descriptions. The existing pipeline begins at the diversion structure near the intersection of Strawberry Creek and Tahquitz Road. The pipeline paralleled the creek above ground for approximately 400 feet across private property and then below ground to the District’s well site on Fern Valley Road. To further complicate matters, the exiting pipeline crossed under an existing private residence. ERSC performed a topographic survey of the diversion structure and the pipeline alignment to the well site, legal documents for the portion of pipeline crossing private property, and design of new pipeline to avoid existing structures and above ground pipes. Item 1D-65 STC Traffic, Inc. | Traffic/Transportation STC Traffic, Inc. | Professional Resumes Christian Lambarth, PE, TE, PTOE Project Manager Mr. Lambarth has over 11 years of experience in the management of traffic engineering projects throughout Southern California. He specializes in traffic signal design, signing and striping, traffic control, traffic operational analysis, street lighting, and traffic signal interconnect, including bikeway projects. Mr. Lambarth pulls from his years of experience in the transportation industry to develop PS&E that focuses on constructability. Christian and the STC Team has a long history of supporting regional agencies throughout Southern California with bikeway projects. For the City of Encinitas, STC served as the prime contractor for the design and construction of Class IV buffered green bike lanes along Highway 101. For other projects, STC has served as the lead traffic and communications engineer, providing preliminary engineering support and/or constructability review and field inspections. Mr. Lambarth leads STC’s engineering design team and supports each of STC’s projects. Familiarity with Regional Bikeway Projects Downtown Cycle Tracks Project, San Diego, CA Extensive network of cycle tracks as key element of the City of San Diego’s Downtown Mobility Plan. STC’s large- scale effort involved developing the preliminary engineering for nearly one hundred downtown traffic signals. Border to Bayshore Bikeway Project | Imperial Beach, CA This SANDAG project provides safe biking connections between Imperial Beach, San Ysidro, and the San Ysidro Port of Entry. STC provides comprehensive constructability review services for the bikeway design plans. Uptown Bikeways Project – Phase I | San Diego, CA STC provided constructability review services for Phase 1 of the project, consisting of separated bike lanes and buffered bike lanes on Fourth Ave and Fifth Ave, connecting Hillcrest, Bankers Hill, and Downtown. Traffic calming measures and pedestrian improvements included curb extensions, crosswalks, and RRFBs. Class IV Buffered Green Bike Lanes | Encinitas, CA In this high-profile bike mobility and safety project, STC designed and installed AC berm protected Class IV buffered green bike lanes from Chesterfield Drive to the City’s southern limits. The project complements STC’s decades-long work with the City to create a reduced- traffic, bicycle and pedestrian-friendly Coast Highway 101. Bayshore Bikeway Segments 4B and 5 | National City, CA STC conducted constructability review and inspections for a critical 3-mile gap in the Bayshore Bikeway along Harbor Drive, Tidelands Avenue, and 32nd Street in National City. STC staff facilitated stakeholder coordination, plan reviews, conflict resolution, and construction management. Artesia Great Blvd Improvements | Long Beach, CA This generational project will build out the Artesia Great Blvd corridor for the next 30 years including increased bike lanes, buffer space, bike detection loops, bulb-outs, advanced stop bars, ADA improvements, LED lighting, and modern bus shelters and upgraded stops. STC serves as the lead traffic and communications engineer on the Project. Years of Experience: 11 Education: Michigan State University, East Lansing, B.S., Civil Engineering (2009) License: Professional Engineer (Civil) California, #86675 Professional Engineer (Traffic) California, #2927 PTOE, United States, #5180 Areas of Expertise: Bikeway Design Traffic Signal Design Signing and Striping ITS Design Traffic Impact Analysis Utility Coordination Item 1D-66 Terra Nova | EnvironmentalCity of Hesperia RFQ No. 2201 Request for Qualifications On-Call Engineering Design Services TERRA NOVA STAFF Nicole S. Criste Principal Ms. Criste joined Terra Nova in 1985 after a career in publishing, marketing and market research and analysis. She has managed numerous environmental studies and drafted more than 1,000 CEQA and NEPA documents for local municipalities, districts and agencies, Riverside County, Native American Tribes, the Bureau of Land Management, US Fish and Wildlife Service and others. She is the author of the award-winning Apple Valley Climate Action Plan and managed the CVAG Green for Life Program. Her extensive work in socio-economic modeling and fiscal impact analysis has been key to the success of the Santa Rosa and San Jacinto Mountains National Monument Plan, the Coachella Valley MSHCP and USFWS Habitat Conservation Plans. Ms. Criste has also taught CEQA classes for City staffs, and prior to the demise of redevelopment agencies, for the California Redevelopment Association’s certification program for redevelopment professionals. Ms. Criste also works with a number of attorneys as a CEQA expert, providing technical analysis in support of court actions in southern California, Santa Clara County and Sacramento. She also provides contract CEQA and planning services to all of the cities of the Coachella Valley. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. Ms. Criste will serve as Project/Budget Manager and will also manage a wide range of quantitative analyses, and document drafting and editing. John D. Criste, AICP Principal Mr. Criste began his planning career in 1975 in the Pennsylvania Governor’s Office, was Senior Planner at the San Bernardino Westside Community Development Corporation, and served two years as Associate Planner in the Indio Office of the Riverside County Planning Department before starting Terra Nova in 1984. He has been involved in the preparation of more than 900 CEQA and NEPA studies, and has managed jurisdictional permitting throughout the Coachella Valley, the Morongo Basin and along the Colorado River. On numerous occasions he served as a guest speaker at U.S. Department of Energy conferences on the environmental and socio-economic impacts of decentralized power generation systems. His experience covers all aspects of the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and public documents required by same, as well as the Clean Water Act (CWA). He has been a continuing education CEQA instructor for the Association of Environmental Professionals, the American Planning Association and the Los Angeles County Bar Association. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He is also a member of the American Planning Association (APA), the Association of Environmental Professionals (AEP), and the Institute of Transportation Engineers. Mr. Criste will be the District’s primary point of contact and will serve as Project Manager on District projects. Item 1D-67 Aragon Geotechnical | Geotechnical C. FERNANDO ARAGÓN, M.S., P.E., G.E. CIVIL ENGINEER, GEOTECHNICAL ENGINEER 16801 Van Buren Blvd., Bldg. B Riverside, CA 92504 TTeell:: 951.776.0345 ● FFaaxx:: 951.776.0395 www.aragongeo.com EDUCATION • Loyola Marymount University of Los Angeles, B.S., Civil Engineering • University of California, Berkeley, M.S., Civil Engineering with emphasis in Geo Engineering PROFESSIONAL REGISTRATIONS • Registered Civil Engineer, California, No. 72277 [Exp. 6/30/20] • Registered Geotechnical Engineer, California, No. 2994 [Exp. 6/30/20] • California Department of Transportation, Certificate of Proficiency, Expires: 9/2019 • Governor’s Office of Emergency Services – Disaster Services Worker – Volunteer PROFESSIONAL AFFILIATIONS AND HONORS • American Society of Civil Engineers • ASTM International – Participating Member • Member of Tau Beta Pi National Engineering Honor Society • Member of Chi Epsilon National Civil Engineering Honor Society • Association of Drilled Shaft Contractors (ADSC), The International Association of Foundation Drilling, 2004-2005 graduate student scholarship recipient • University of California at Berkeley, 2004-2005 graduate fellowship PROFESSIONAL HISTORY 1997-Present: Aragón Geotechnical Inc., Riverside, California; Soils Technician (Laboratory and Field) to Engineering Assistant, Staff Engineer, Project Engineer to President. 5/2002-8/2002: Kiewit Pacific Company, Santa Fe Springs, California; Engineering Field Intern. 1996-1997: Aragón Geotechnical Consultants, Inc., Riverside and Lake Arrowhead, California; Engineering Assistant; Soils Technician (Laboratory and Field.) Item 1D-68 Community Works Design Group | Landscape FIRM OVERVIEW COMMUNITY WORKS DESIGN GROUP, LLC (CWDG) Landscape Architecture - Planning 4649 Brockton Avenue Riverside, California 92506 (951) 369-0700 Federal I.D. 82-1854334 California Department of Industrial Relations #: PW-LR-1000707823 PRINCIPAL: Scott Rice ASLA, LEED AP, CASp - President/ Authorized Signer CONTACT: Scott Rice, LLA #5111 (Licensed 15+ years - since 2005; expiration date: 12/31/22) scott@cwdg.fun | (951) 369-0700 office / (909) 754-1257 cell Community Works Design Group (CWDG) was established in 1985 and provides municipal planning services throughout the State of California. The firm focuses on Park, Recreation, Streetscape and Trails Planning projects. CWDG has a ready and available staff of eight professionals. We draw upon four Licensed Landscape Architects, a LEED Accredited Professional, an in-house ISA Arborist, a Certified Irrigation Designer/Certified Landscape Irrigation Auditor, a SITES Accredited Professional, and a Certified Access Specialist (CASp). Community Works Design Group does what its name implies - it assists communities with the design of park projects that work. Our focus is on park and recreation and municipal projects and has been since day one in 1985. We come from your side of the fence. Scott Rice has served under contract as City Landscape Architect for City of Highland continuously since 2005. Our newest Senior Landscape Architect/ ISA Certified Arborist, Dan Burkhart, joined our team after serving as Senior Landscape Inspector for the City of Yorba Linda. CWDG has designed over 250 trails and streetscape projects in our 35 year history, including 20 public works projects within the past 5 years (2017-present). “Designing your Dreams” starts here at our two story design studio - complete with an indoor spiral slide and a 25’ swing! Item 1D-69 Community Works Design Group | Landscape Relevant Experience City of Colton Median Landscape Refresh Seventh Street – City of Victorville Tyler Street – City of Riverside Country Club Drive – City of La Quinta Item 1D-70 PROJECT SITE LOCATION W/FIRE STATION 2.5-acre site owned by City BLUE OUTLINE: NEW FIRE STATION LOCATION ORANGE OUTLINE: PROPOSED OFFSITE IMPROVEMENTS Item 1D-71 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: APPROVE CHANGE ORDERS TO CONTRACT NOS. C44620A-C FOR ON-CALL FACILITIES REPAIRS & IMPROVEMENTS IN THE AMOUNT OF $2,250,000 (PROJECT NO. 773-23) RECOMMENDATION: 1.Approve Change Order 1 to Contracts C44620A, C44620B, and C44620C in the amount of $2,250,000 to increase the annual aggregate amount to $3,000,000 in Fiscal Year 2023/24 and FY 2024/25 as authorized by Section 3.30.160 Section I of the City of Palm Desert Municipal Code. 2. Authorize an additional amount of $402,740 to the 2022/23 agreements for a total amount not to exceed $750,000, in aggregate. 3. Appropriate $115,000 from Committed General Fund Balance from the Facility Reserves and transfer to the Aquatic Center Fund into Account Number 2424195-4400100 CIP- Aquatic Center. 4.Authorize the City Manager to review and approve up to two amendments/extensions per vendor contract for an aggregated amount not to exceed $3,000,000 per fiscal year. 5.Authorize the City Manager or designee to review change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335. 6. Authorize the Mayor to execute the change order. BACKGROUND/ANALYSIS: On January 12, 2023, the City Council awarded the On-Call Facilities Repairs and Improvements Project contracts to: •PUB Construction, Inc. of Diamond Bar, California (C44620A) •Belfor USA Group of Riverside, California (C44620B) •Elite Customs Construction of San Jacinto, California (C44620C) The contracts were awarded in an aggregate amount not to exceed $750,000 per fiscal year for three years, with the first year being prorated to $347,260. After the award of these contracts, additional project needs were identified, and existing projects were expedited for completion. These projects include immediate and extensive updates to flooring, electrical, paint, and other interior work at the Parkview Office Complex. The upgraded spaces will be marketed to secure new lease agreements and maximize revenue potential. In addition, the Palm Desert Aquatic Center requires updates to its locker rooms and other facilities, and the Palm Desert Housing Authority has identified multiple improvement projects to its affordable housing units such as painting, carpet, lighting, and plumbing. All public building facilities are included in the scope of work for these contracts. Due to the expediency with which Item 1E-1 City of Palm Desert Approve Change Orders 1 (C44620A-C) Page 2 of 3 staff intend to complete the maintenance and improvement projects, approval is requested to authorize staff to increase the pro-rated amount to the full annually requested amount of $750,000 in Fiscal Year 22/23. Staff also recommends approving Change Order 1 to Contracts C44620A, C44620B, and C44620C to increase the aggregate annual amount in Years 2 and 3 by $2,250,000 to continue the progress in addressing deferred maintenance projects at public facilities throughout the City. This would allow an aggregate annual amount in Year 2 and Year 3 of $3,000,000. Public Works Staff find that immediately addressing these deferred projects is in the best interest of the City. FINANCIAL IMPACT: The approved Public Works Operations Budget and Capital Improvements Project (CIP) List for Fiscal Year 2022-2023 includes a total of $750,000 for repairs and improvements projects under various accounts: Account No Available Budget Description Estimated Project Cost Funds Requested 1104610-4331000 $25,000 Civic Center Park $50,000 n/a 1104611-4331000 $25,000 Parks $50,000 n/a 2304220-4400100 $250,000 Fire Stations $225,000 $0 5104195-4337020 $137,060 Various Government Bldgs $50,000 $0 2424195-4400100 $300,000 Aquatic Center $415,000 ($115,000) Total $737,060 $740,000 By increasing the annual aggregate amount of these contracts, staff will have the ability to complete projects more efficiently by bundling multiple projects together and recognizing economies of scale. The increased costs reflected in the general fund account is not significant, so staff expects to offset the additional costs with savings from other operational accounts. However, because the Aquatic Center expense account is restricted, a budget appropriation for the additional $115,000 is necessary to be transferred from the committed General Fund Balance for facility reserves. Following is the estimated allocation budget for each account during Fiscal Year 2023/24; and 2024/25 however, this does not necessarily mean the full amount will be allocated to each budget nor that the full amount will be spent: Account No. Description FY 23/24 Estimated Costs FY 24/25 Estimated Costs 1104674-4400100 Civic Center Park $50,000 $100,000 1104618-4400100 Parks $450,000 $250,000 4504164-4400100 Corporation Yard Improvements $350,000 $100,000 Item 1E-2 City of Palm Desert Approve Change Orders 1 (C44620A-C) Page 3 of 3 2304220-4400100 Fire Stations $865,000 $650,000 2424195-4400100 Aquatic Center $150,000 $350,000 4504164-4388500 Artists Council $450,000 $250,000 5104195-4337020 Government Bldgs. $850,000 $750,000 Total $3,415,000 $2,200,000 REVIEWED BY: Department Director: Martin Alvarez City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. January 12, 2023, Staff Report 2. C44620A Change Order No. 1 3. C44620B Change Order No. 1 4. C44620C Change Order No. 1 Item 1E-3 CC, SARDA, & HA Meeting Minutes – Action Summary January 12, 2023 City of Palm Desert ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES 1L. AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE FUNDS MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY COUNCILMEMBER NESTANDE, CARRIED 5-0, to: 1. Approve Award on-call contracts to PUB Construction, Inc., of Diamond Bar, California, Belfor USA Group of Riverside, California, and Elite Customs Construction of San Jacinto, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $750,000 per fiscal year with the initial year being pro-rated from date of approval, pursuant to the terms of the agreement(s). 2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No. 5104195-4331000. 3. Authorize the Mayor to execute said agreements. 4. Authorize the City Manager to review and approve up to two (2) additional one- year terms per vendor contract for an aggregated amount not to exceed 750,000 per fiscal year. Item 1E-4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: January 12, 2023 PREPARED BY: Randy Chavez, Community Services Manager Shawn Muir, Senior Management Analyst Andy Ramirez, Deputy Director of Public Works REQUEST: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE FUNDS RECOMMENDATION: 1. Award on-call contracts to PUB Construction, Inc., of Diamond Bar, California, Belfor USA Group of Riverside, California, and Elite Customs Construction of San Jacinto, California for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $750,000 per fiscal year with the initial year being pro- rated from date of approval, pursuant to the terms of the agreement(s). 2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No. 5104195- 4331000. 3. Authorize the Mayor to execute said agreements. 4. Authorize the City Manager to review and approve up to two (2) additional one-year terms per vendor contract for an aggregated amount not to exceed $750,000 per fiscal year. BACKGROUND/ANALYSIS: There are currently 12 main building facilities and 12 park facilities in the City of Palm Desert that require a considerable number of repairs and/or improvements for safety, functionality, and marketability. Due to previous years of deferred maintenance, age, high usage, and the often- immediate nature of repair or improvement needs, staff seeks to award three separate “on-call” contracts to vendors that can efficiently and effectively respond to the City’s needs. For example, the Parkview Office Complex was built over 30 years ago and requires immediate updates to flooring, electrical, painting, and/or wall construction at several vacant or soon to be vacant offices. Expediency is necessary to market these spaces to secure lease agreements and maximize revenue potential. In addition, improvements are needed at the Palm Desert Aquatic Center, including replacement of flooring in the locker rooms, restroom partitions, and chemical room doors which have become corroded or inoperable. City facilities included in the scope of work are outlined in the table below: Buildings Fire Stations Parks and Recreation City Hall 73510 Fred Waring Drive Fire Station No. 33 44400 Towne Center Way Aquatic Center 73751 Magnesia Falls Drive Community Center Fire Station No. 67 Cahuilla Hills Park Item 1E-5 72559 Highway 73200 Mesa View Drive Tierra Del Oro Corporation Yard 74705 42nd Avenue Fire Station No. 71 73995 Country Club Drive Cap Homme/Ralph Adams Park 72500 Thrush Road Portola Community Center 45480 Portola Avenue Future Fire Station No. 102 (FY 2024/25) Civic Center Park 43900 San Pablo Ave PD Sheriff Substation 73520 Fred Waring Drive Freedom Park 77400 Country Club Drive Parkview Office Complex-2 St 73710 Fred Waring Drive Hovley Soccer Park 74735 Hovley Lane Parkview Office Complex-1 St 73720 Fred Waring Drive Ironwood Park 47800 Chia Drive iHUB (Lease Responsibility) 37023 Cook Street, Ste 102 Joe Mann Park 77810 California Drive Future facilities Magnesia Falls City Park 74200 Rutledge Way Palma Village Park 44550 San Carlos Ave University Park East 74902 University Park Drive University Dog Park 74802 University Park Drive Washington Charter School Park 45768 Portola Avenue Future Parks Staff developed and posted a Request for Proposals (RFP) for the Facilities Repairs and Improvements Project on OpenGov (the City’s online public bidding portal) on September 2, 2022, with a due date of September 23, 2022. A mandatory pre-bid meeting was held on September 9, 2022. Four vendors were in attendance, however, only three submitted proposals. After reviewing and scoring each proposal using the evaluation guidelines established in the RFP (clarity and conformance, experience, performance, content of the proposal, and references), Staff recommends awarding contracts to all three proposers, not to exceed $750,000 in aggregate, per fiscal year. Proposer Location Ranking PUB Construction, Inc. Diamond Bar, CA 1 Belfor USA Group Riverside, CA 2 Elite Customs Construction San Jacinto, CA 3 References for each contractor provided favorable comments to their ability to start and complete projects on time, provide good communication, and customer service. If approved, PUB Construction, Inc. will be engaged based on their extensive construction capabilities and experience. Elite Customs Construction, Inc. is expected to be utilized for smaller-scale repairs and projects such as paint, flooring, and lighting. Belfor USA Group will be engaged for projects with a primary focus on restoration work. A task order will be issued for each project negotiated pursuant to these contracts to ensure the three aggregate contract Item 1E-6 amounts do not exceed $750,000. Each contractor will be engaged on an as-needed basis to ensure City parks and facilities meet the City of Palm Desert standards. By awarding the aggregate (cumulative) amount of $750,000 per fiscal year amongst all three proposers, the City will have the ability to utilize each contractor’s expertise for specific task orders and avoid anticipated scheduling delays that may occur. Staff also consulted the City Attorney regarding this RFP and confirmed the viability of this diversified approach. FINANCIAL IMPACT: The approved Budget for Fiscal Year 2022-2023 includes funding for repairs and improvement projects under various Operations and Capital Improvements Accounts. There is no additional financial impact to the general fund beyond the annual contract amount since each expenditure will be allocated from the appropriate/associated maintenance account. The following is the estimated allocation budget for each account; however, this does not necessarily mean the full amount will be allocated to each budget nor that the full amount will be spent: Account No. Description Estimate 1104610-4331000 & -4332100 Civic Center Park $25,000 1104611-4331000 & -4332501 Parks $25,000 1104614-4392101 Entrada del Paseo $25,000 1104330-4331000 Corporation Yard $10,000 1104340-4331000 City Hall $25,000 1104344-4331000 Portola $10,000 2304220-4331000 & -4400100 Fire Stations $250,000 2424195-4331101 & -4400100 Aquatic Center $130,000 5104195-4331000 Government Buildings $250,000 TOTAL $750,000 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. PUB Construction, Inc. Proposal 2. PUB Construction, Inc. Agreement and Bonds 3. Elite Customs Construction, Inc. Proposal 4. Elite Customs Construction, Inc. Agreement and Bonds 5. Belfor USA Group Proposal 6. Belfor USA Group Agreement and Bonds Item 1E-7 Item 1E-8 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project RESPONSE DEADLINE: September 23, 2022 at 2:00 pm Report Generated: Tuesday, September 27, 2022 PUB construction Inc. Proposal CONTACT INFORMATION Company: PUB construction Inc. Email: j.wilson@pubconstruction.com Contact: John Wilson Address: 23545 Palomino Drive #104 Diamond Bar, CA 91765 Phone: (909) 455-0187 Ext: 106 Website: www.pubconstruction.com Submission Date: Sep 23, 2022 1:32 PM Item 1E-9 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Item 1E-10 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. Submitted_Bid_Palm_Desert_Facilities_Repairs.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged informa tion or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limit ed liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. Item 1E-11 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 788668 Click to Verify Value will be copied to clipboard 4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000005407 Click to Verify Value will be copied to clipboard 5. Type of Business* S Corporation (if corporation, two signatures are required) 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/a 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1E-12 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Servic es. Describe their qualifications, education, and professional licensing. Robert_Tagayuna_Resume.pdfSean_Chiew_Resume_updated.pdf 10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Chris Yi, President, 23545 Palomino Drive, Suite #104, Diamond Bar, CA 91765, chris.yi@pubconstruction.com, (909) 455 -0187 Item 1E-13 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 6 Chris Yi, Secretary, 23545 Palomino Drive, Suite #104, Diamond Bar, CA 91765, chris.yi@pubconstruction.com, (909) 455 -0187 11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly Rate $130.00 $130.00 2 Construction Supervisor 1 Hourly Rate $100.00 $100.00 3 Framer 1 Hourly Rate $114.00 $114.00 4 Drywall Installer 1 Hourly Rate $114.00 $114.00 5 Plumber 1 Hourly Rate $132.00 $132.00 6 Concrete Worker 1 Hourly Rate $110.00 $110.00 7 Carpenter 1 Hourly Rate $114.00 $114.00 8 Painter 1 Hourly Rate $89.00 $89.00 9 Welder 1 Hourly Rate $131.00 $131.00 10 Flooring Installer 1 Hourly Rate $88.00 $88.00 11 Laborer 1 Hourly Rate $104.00 $104.00 Item 1E-14 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total TOTAL $1,226.00 Item 1E-15 Item 1E-16 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 Sean Chiew 2401 S. Hacienda Blvd. #128 Hacienda Heights, CA 91745 Cell Phone (213) 505-7636 ~ Email: sean@pubconstruction.com OBJECTIVE Seeking a challenging growth opportunity where my formal education and experiences can be applied for the continuous development of a strong and stable company. EXPERIENCE PUB Construction, Inc. Pomona, CA Project Manager July 2013 to Current Managed Job Order Contracts (JOC): •County of San Bernardino $4,000,000.00 General Contract $1,500,000.00 Flooring Contract •County of San Diego $3,000,000.00 •California State University, Fullerton (4 years) $3,000,000.00 per year •California State University, Chancellor’s Office (2 years) $1,000,000.00 per year •San Diego State University (2 years) $3,000,000.00 per year •County of Los Angeles Internal Services Department (2 years) $4,500,000.00 per year Public Projects Completed: •Theo Lacy Tenant improvement project (Orange County Sheriff department): $1,800,000.00 •Santa Monica College Bundy Parking Lot 2 Renovation $1,200,000.00 Private Projects Completed: •President Asset Group – Wood Glen Apartments Renovation $3,200,000.00 •Apartment Renovation – Torrey Hills Phase II Landscape and Common Area $1,188,000.00 Exbon Development, Inc. Garden Grove, CA Project Manager March 2012 to June 2013 Federal Projects: IDIQ (Indefinite delivery/indefinite quantity) Roofing contract with Edwards Air Force Base, Edwards, CA. Cool Roofing system; single ply PVC membrane. As a Project Manager, worked and finished 12 Buildings ranging from $250,000 to $2,800,000.00 •Building 2200 (fitness center), bldg. 1810 (JSF F-35 aircraft hangar), bldg. 3735 (warehouse receiving), bldg. 8523 & 8512 (chemistry laboratory), bldg. 5550 (petItem 1E-34 adoption center), bldg. 1450 (supervision center) and 5 other buildings. Management of assigned projects and direct and coordinates the activities of the various trade groups / crew. Ensure quality control, safety, profitability and client satisfaction. Ensure client satisfaction by understanding the client's vision/objectives for the project, the project delivery process, and financial metrics. Have a working knowledge of the overall direction of the project from pre-construction phase (includes input on estimates and schedules) through closeout including contractual and specification documentation compliance, advising on construct-ability issues, setting quality standards, managing team collaboration, and meeting or exceeding the project's forecasted profit goals. Ensure that the work progress according to schedule, material and equipment are delivered to the site on time, and that the activities of the various workers do not interfere with one another. Fullerton, CA Cal-Pac Engineering (SK Engineering & construction USA Subsidiary) Assistant Project Manager Public Projects: March 2008 to March 2010 •Los Angeles County Sanitation District (LACSD) Puente Hills Landfill warehouse project- renovation and improvement of existing warehouse, parking lot and storage area: $1,600,000.00 •Los Angeles County Job Order Contract - Mt. Wilson, Sorensen Park Office Sierra HWY and Hall of Justice: $4,000,000.00 Assisted Private Project: •30 unit 311 Gramercy Place condominium project: $20,000,000.00 Project superintendent: Coordinate and supervise the construction process from the conceptual development stage through final construction, making sure that the project activities are carried out safely while complying with Federal, State and Local legal requirements. Work with all parties including operations, project managers, engineers, architect, laborers and clients to ensure effective management of the project. Oversee the performance of all trade contractors and ensure that all work is completed on schedule. Oversee the delivery and use of materials, tools, and equipment; worker productivity and safety and the quality of construction. Assistant project manager: Public works projects, oversee processing of submittals, RFIs, change orders, weekly and monthly schedule and document control, safety meetings, coordination meetings, attend and resolve problems and record and review meeting minutes. Torrance, CA KEE Construction, Inc. Project Manager December 2005 to March 2008 Private Projects: Fast track commercial tenant improvements. Retail clothing chain stores in many different locations throughout California (Torrance, San Francisco, Fresno, San Diego, Carlsbad, Salinas, Citrus Heights, National City, Escondido, Hayward and etc.) , ranging from $600,000 - $1,000,000. (Against All Odds USA INC.) As a Project Manager, worked and finished 10 stores in a year and renovate & repaired 7 existing stores. Item 1E-35 Oversee one or more tenant improvement projects as on-site manager for overall responsibility of schedule compliance, cost control and quality assurance. Communicate project progress with management. Coordinate work with subcontractors. Interrelate with Owners Representatives. Obtain necessary permits and licenses. Ensure that project activities are carried out safely, on-time, and within budget while complying with Federal, State and Local legal requirements. HanSol Electric, Inc. Santa Fe Springs, CA Supervisor / Estimation Coordinator December 2003 to February 2005 Estimation Coordinator: Support and assist estimators in the bidding process, including preparation of new estimates. Create, maintain and distribute all departmental documentation including bid invites, ordering and distributing blueprints, preparing client proposals. Transfer project information in an accurate and complete manner. •Organizing schedule for electricians. •Managing and coordinating jobsites. EDUCATION Rest from study – University of California, Irvine. Associate of Arts Degree from Santa Monica College Graduated from Fairfax High School in Los Angeles, St. Mary’s Middle School and Elementary School #8 in New Jersey. QUALIFICATIONS •Effective, results-oriented people person. •Oriented to company's goals and policies accomplishment. •High qualification in team leadership for construction activities. •Able to represent company with professionalism and confidence. •Able to prioritize workload and meet deadlines. •Supportive, committed and responsible. •Willing to travel SPECIALIZED SKILLS / CERTIFICATIONS •Fluent in English and Korean •Computer proficiency in Microsoft Office Applications, Visual Basic and Internet. •California (B) General Building Contractor and (C-39) Roofing Contractor License •CPR and First Aid Training •30 Hour OSHA safety certified •Industrial forklifts certified •Scissor lifts and boom lifts certified RFERENCES •Tim Pae: (213) 249-1088 Project Manager / Cal-Pac Engineering Co., Inc. •Don Seo: (714) 719-4223 Vice President / Exbon Development, Inc. •Justin Lee: (909) 973-4833 Vice President / Pub Construction, Inc. •CR Chang: (310) 413 4598 General Manager / KEE Construction, Inc. •Jiwon Choi: (714) 395 7371 - Vice President / HanSol Electric, Inc. Item 1E-36 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 12TH day of JANUARY, 2023 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) PUB CONSTRUCTION, INC., a CORPORATION, with its principal place of business at 23545 PALOMINO DRIVE #104, DIAMOND BAR, CA 91765 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor (“Task Order”).. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as- needed basis. There is no guarantee of any of work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference and in the individual Task Orders issued by the City. No Services shall be performed unless authorized by this Agreement and by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from JANUARY 12, 2023, to JUNE 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each Item 1E-37 individual Task Order issued by the City. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in each Task Order Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates RANDY CHAVEZ, COMMUNITY SERVICES MANAGER, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates CHRIS CHAE Y. YI, PRESIDENT, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Item 1E-38 Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement or any Task Order(s), or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which Item 1E-39 require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Item 1E-40 (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Item 1E-41 certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the Item 1E-42 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 1E-43 (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 1E-44 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 1E-45 warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, Item 1E-46 including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or Item 1E-47 liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: PUB CONSTRUCTION, INC. 23545 PALOMINO DRIVE, #104 DIAMOND BAR, CA 91765 CHRIS CHAE Y. YI, PRESIDENT City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their Item 1E-48 respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project this Agreement or any Task Order, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. Item 1E-49 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party Item 1E-50 warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1E-51 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND PUB CONSTRUCTION, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney PUB CONSTRUCTION, INC. By: Its: PRESIDENT___________________________ Printed Name: CHRIS CHAE Y. YI_____________________ By: Its: VICE PRESIDENT______________________ Printed Name: CHRIS CHAE Y. YI_____________________ ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Item 1E-52 EXHIBIT “A” SCOPE OF SERVICES PALM DESERT FACILITIES IMPROVEMENT PROJECT SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications. This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below. 2. LOCATION OF WORK • City Hall Building, 73-510 Fred Waring Drive • Community Center (Henderson), 72559 Highway 111 • Corporation Yard, 74705 42nd Avenue • Portola Community Center, 45480 Portola Avenue • Palm Desert Sheriff Substation, 73520 Fred Waring Drive • Parkview Office Complex, 73710 Fred Waring Drive • State Building, 73-720 Fred Waring Drive • iHUB, 37023 Cook Street, Suite 102 • Fire stations o Fire Station No. 33, 44400 Towne Center Way o Fire Station No. 67, 73200 Mesa View Drive o Fire Station No. 71, 73995 Country Club Drive • Aquatic Center, 73751 Magnesia Falls Drive • Parks buildings o Cahuilla Hills Park, 45825 Edgehill Drive o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd o Civic Center Park, 43900 San Pablo Ave o Freedom Park, 77400 Country Club Dr o Hovley Soccer Park, 74735 Hovley Lane o Ironwood Park, 47800 Chia Drive o Joe Mann Park, 77810 California Drive o Magnesia Falls City Park, 74200 Rutledge Way o Palma Village Park, 44550 San Carlos Ave o University Park East, 74902 University Park Drive o University Dog Park, 74802 University Park Drive o Washington Charter School Park, 45768 Portola Avenue The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique Item 1E-53 maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and safe use of the facility and continues the City’s prominence as a world-class municipality for the enjoyment of the community. 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff. 3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include: • Site locations visited and address • Contractor representative and contact information • Date and time of visit • Prioritized list of areas recommended for maintenance projects • Descriptions of maintenance projects • Estimated cost to complete each maintenance project • Photos 3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to: • Framing • Drywall • Painting • Concrete • Carpentry • Audio/Visual & Security • Welding • Flooring • Fixtures • Plumbing 3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades. 3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a Item 1E-54 different piece of equipment. 3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance. Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk- through inspection of the contract area. 3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better. 3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance. 3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better. 3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc. 3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal. The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract. Item 1E-55 4. MAINTENANCE PROJECTS Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated. 4.1 No work will be initiated without an approved City of Palm Desert Work Order. 4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope and cost of the project. 4.3 The Contractor will provide an estimated timeline for project milestones and completion. 5. PAYMENT Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed: 5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities. 5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. 5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. 5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement. Item 1E-56 EXHIBIT “B” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: MAINTENANCE SERVICES AGREEMENT Contractor: PUB CONSTRUCTION, INC. The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF PALM DESERT PUB CONSTRUCTION, INC. Dated: Dated: By: By: Item 1E-57 EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows: [SEE ATTACHED PROPOSAL FEE SCHEDULE] Item 1E-58 EXHIBIT “D” SPECIAL PROVISIONS 1. PRE-COMMENCEMENT CONFERENCE A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or superintendent assigned by the Contractor for this project shall be present at the Pre- commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for submission and review at the pre-commencement meeting. The discussion shall include but not be limited to: project supervision; progress schedules and reports; payments to Contractor; safety; and other anticipated issues pertinent to the contract. At this conference, the Contractor shall designate, in writing, a representative who shall have authority to act for the Contractor. An alternate representative may be designated. The representative or alternate shall be available whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. Those attending the meeting shall include, but not be limited to the following: 1. Contractor 2. City of Palm Desert Deputy Director of Public Works 3. City of Palm Desert Project Manager 4. City of Palm Desert Public Works Staff 5. Pertinent Subcontractor(s) 2. PUBLIC CONVENIENCE The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under active maintenance no greater length or amount of work then can be prosecuted properly with due regard to the rights of the public. Contractor must obey Housing directives. Paths of travel must be maintained free of obstructions and hazardous conditions when contractor is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel, the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. 3. HOURS OF WORK Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the established hours of operation under this contract: May 1 through September 30 Item 1E-59 • Weekdays (MTWTF): 5:30 AM to 7:00 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work October 1 through April 30 • Weekdays (MTWTF): 7:00 AM to 5:30 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work *Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent. Work is not permitted on Sundays and during City of Palm Desert holidays. Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by City of Palm Desert is not held to these restrictions.) 4. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS The Contractor shall be responsible for all damages to persons or property that occurs as a result of the work. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City of Palm Desert. All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where work is being performed. Contractor shall erect and properly always maintain, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including material that is replaced, packaging material, and other debris generated. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by City of Palm Desert or City of Palm Desert’s agent. Item 1E-60 6. CHANGES IN THE WORK Contractor shall make no changes in the work without written direction from City of Palm Desert. Contractor shall not be compensated for any change made without City of Palm Desert’s written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. All such changes in the work authorized by change order shall be performed under the applicable conditions of the Contract Documents. Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) days of discovery of the facts giving rise to the proposed change order. 7. CLAIMS The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the City of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City of Palm Desert to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Palm Desert shall be considered as a payment made under the Contract Documents by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the Contractor for any such payment made in good faith. 8. DISPUTE RESOLUTION Notwithstanding any other provision herein, provisions and procedures in this Section, claims of $375,000 or less shall be resolved pursuant to the procedures set forth in California Public Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against the City of Palm Desert. 9. PROJECT SAFETY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the project and all other persons who may be affected thereby; 2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub-Subcontractors; Item 1E-61 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacturer. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the City of Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting signs and other warnings against hazards, promulgating safety regulations and notifying park users that repairs are being made. The Contractor shall use proper safety signing and barricading as defined by ASTM 1487 and best practices The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. The Contractor shall take all necessary precautions to protect the public from the hazards of open excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress. High visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced. Contractor shall ensure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name adequately displayed on the vehicles. All safety devices and all guards for equipment shall be in place and in proper working order during equipment use. No safety device or guards shall be removed, modified or altered in any way, except in strict accordance with the manufacturer’s recommendation. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Project Manager immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to City of Palm Desert. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human Item 1E-62 life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. 10. WORK AREA APPEARANCE The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris developed during maintenance operations shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left unattended in parking areas without express permission from the City of Palm Desert. No tarps shall be permitted in any area overnight. 11. CLEANUP AND RESTORATION OF SURFACES The Contractor shall, as directed by the Project Manager, remove from all public and private property, at its own expense, all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor. All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after operations, be restored to a condition at least equal to that which existed prior to landscape maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor’s operations in the course of work. 12. RECYCLING SPECIFICATIONS Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted and County-licensed, diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock. Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill. Contractor shall include the costs for the diversion of the above-listed materials in its bid for the job. All other debris generated that is beyond the scope of normal and routine maintenance shall be paid as an extra. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state, Item 1E-63 federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site. Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e. corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City or City of Palm Desert green waste. Said products shall be approved by the Project Manager or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 13. PERMITS AND LICENSES a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the City, City of Palm Desert, and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all subcontractors shall be required to have a City of Palm Desert Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the price and no additional compensation will be allowed therefor. c. Fees: Contractor shall be responsible for all inspection and permit fees required by agencies (other than the City of Palm Desert, Public Works Department) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the lump sum contract bid price and no additional compensation will be allowed therefor. 14. POTHOLING Prior to commencement of any structure replacement, Contractor shall physically locate, verifying horizontal and vertical locations, and map existing underground facilities within the work area that are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall protect all such facilities from damage due to construction activities for the duration of the project. Contractor shall deliver a plan with the location of each potholed utility to the Project Manager. Repair of damage to such facilities shall be at the Contractor's expense and shall be considered as integral to this item of work. Contractor shall be responsible for following all applicable rules and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost for potholing shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor. 15. RELOCATION In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it shall be the responsibility of the Contractor, The Contractor shall restore the service connections Item 1E-64 as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the lump sum contract bid price, and no additional compensation will be allowed therefor. 16. SURPLUS MATERIALS All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or other deleterious material shall become the property of the Contractor. Surplus material encountered in a manner not associated with regular on-going maintenance activities shall be subject to removal at time and material basis upon approval by the City of Palm Desert. Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and shall be considered as included in the lump sum contract bid price for and no additional compensation will be made therefor. 17. INSPECTION OF THE WORK There will be inspection of this work to ensure strict adherence to the specifications and work schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the City of Palm Desert should any deviation of said work schedule become necessary. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the City of Palm Desert. 18. PROTECTION OF PUBLIC The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of their maintenance operations. Unusual conditions may arise during the scope of work, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent. Item 1E-65 The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation 19. TRAFFIC CONTROL Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Contractor shall provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers, cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III. When required by the City of Palm Desert’s Representative or when maintenance activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the City. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Inspector. A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during maintenance operations. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the City Project Manager is obtained. If the closing or opening of a street (either partially or fully) within the City is approved by Project Manager, Contractor shall notify the City Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled closing or opening. A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be maintained free of hazardous conditions. The immediate area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the work area at all times. At no time is any business or residence to be without access unless otherwise approved by Project Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48) hours in advance of construction activities. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the course of their work. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the City Project Manager, shall be considered as included in the in the contract bid price, and no additional compensation will be made therefor. 20. DUST CONTROL/AIR CONTAMINANTS Item 1E-66 The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of “dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the life of the contract, and special attention shall be given to areas during over-seeding operation. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm Desert. Payment for maintaining dust control and air contaminates within the project area shall be included in the lump sum contract proposal price, and no additional compensation will be allowed therefor. 21. WATER Water shall not be taken from any commercial or residential systems without the express written consent of the owner. 22. MEASUREMENT AND PAYMENT City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to subtract an associated amount form the billing. Since it is difficult to quantify and assess a value to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies: 1. Failure to comply with Contract Documents. 2. Failure to comply in a timely manner with contractually legitimate requests made by City of Palm Desert. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm Desert, City of Palm Desert many choose to obtain the services of a separate maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor. Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall submit invoices within 30 days after completion of work. Invoices shall include the contract number, location, name of work requester, and payment terms of NET 45. Contractor shall submit monthly Statements for invoices generated during the previous month and note outstanding invoices. Failure to submit invoices within sixty (60) days after completion of work, without a City Item 1E-67 approved work order, and/or within thirty (30) days after the last date of provided Services or termination of this Agreement shall constitute a waiver of its right to payment. 23. VEHICLES ON SIDEWALK AND TURF Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval. 24. REFUSE DISPOSAL All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense. Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. 25. GREEN WASTE Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation Yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the City of Palm Desert or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 26. SCHEDULES At the pre-commencement conference, Contractor and City of Palm Desert staff will review the Work requirements and Contractor will formulate a priority list and submit to City for review. Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. 27. LICENSE AND CERTIFICATION REQUIREMENTS Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the Proposal is submitted, Contractor shall possess current licensure and certification as follows, and the same shall be maintained current and valid for the term of the contract: Class B Contractor License; and specialized Class C licenses as needed. Item 1E-68 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to PUB CONSTRUCTION, INC., (hereinafter referred to as the “Contractor”) an agreement for FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, PUB CONSTRUCTION, INC., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS, ($750,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1E-69 (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 1E-70 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 1E-71 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 1E-72 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 1E-73 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed JANUARY 12, 2023 has awarded to PUB CONSTRUCTION, INC. hereinafter designated as the “Principal,” a contract for the work described as follows: FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and Item 1E-74 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 1E-75 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 1E-76 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 1E-77 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 1E-78 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project RESPONSE DEADLINE: September 23, 2022 at 2:00 pm Report Generated: Tuesday, September 27, 2022 ELITE CUSTOMS CONSTRUCTION Proposal CONTACT INFORMATION Company: ELITE CUSTOMS CONSTRUCTION Email: elitecustoms911@gmail.com Contact: KNICKO ASKARI Address: Po Box 328 San Jacinto, CA 92581 Phone: (909) 559-4084 Website: N/A Submission Date: Sep 13, 2022 12:30 PM Item 1E-79 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Item 1E-80 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. RFP.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. Item 1E-81 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 909326 Click to Verify Value will be copied to clipboard 4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000054604 Click to Verify Value will be copied to clipboard 5. Type of Business* Sole Proprietor/Individual 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). N/A 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1E-82 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. Resume.pdf 10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number A. KNICKO ASKARI Item 1E-83 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 6 B. OWNER / OPERATOR C. 26130 REGENT CT. HEMET,CA.92544 D. ELITECUSTOMS911@GMAIL.COM E. 877-919-2727 11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly Rate $90.00 $90.00 2 Construction Supervisor 1 Hourly Rate $125.00 $125.00 3 Framer 1 Hourly Rate $90.00 $90.00 4 Drywall Installer 1 Hourly Rate $55.00 $55.00 5 Plumber 1 Hourly Rate $150.00 $150.00 6 Concrete Worker 1 Hourly Rate $150.00 $150.00 7 Carpenter 1 Hourly Rate $150.00 $150.00 8 Painter 1 Hourly Rate $65.00 $65.00 Item 1E-84 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total 9 Welder 1 Hourly Rate $125.00 $125.00 10 Flooring Installer 1 Hourly Rate $125.00 $125.00 11 Laborer 1 Hourly Rate $55.00 $55.00 TOTAL $1,180.00 Item 1E-85 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Table of contents: 1. Executive Summary………………………………….2 2. Company Information………………………………3 3. Staffing and Key Personnel……………………….4 3. Fiscal Stability…………………………………………..5 4. Experience and Technical Competence…….6-11 5. Proposed Method to Accomplish Work……12 6. Insurance…………………………………………………13 7. Fee Proposal.……………………………………………14 8. Litigation………………………………………………..15 9. Other Information………………………………….16 10. Certification of Proposal……………………….17 11. Appendices…………………………………………..18 Page 1 E Item 1E-86 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Executive Summary: The following submittal is being provided at the request of the City Palm Desert facilities for RFP. Enclosed is a summary of company information, procedure of operation, staffing, work experience for the requested work. Page 2 Item 1E-87 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Company Information: A. Legal Name: Elite Customs Construction – P.O. Box 328 San Jacinto, CA. 92581 B. Legal form: Sole Proprietor C. Contact Information: Knicko Askari – 909-559-4084 –P.o. Box 328 San Jacinto, CA. 92581 D. License numbers: CSLB – 909326 Class B, C-27 (General bldg. and landscaping ) ,SPCB/ FR-33568 (Termite) , SPCB Pest- RA17931 (Pest control) , State Lead Tech- License #12984 (Mold, water damage, fire, and smoke) Page 3 Item 1E-88 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Staffing Resources: A. Staffing and Key Personal (i) Knicko Askari / Field Inspector, Technician, Owner ,Operator Kenneth Nix / Field Inspector, Technician , Foreman Nick Arritt / Field Inspector, Technician Steve Torres / Service Field Technician 4 Additional Field Technicians (ii) Key Personal: Knicko Askari – Owner, Operator, Field Inspector Kenneth Nix – Field Inspector, Service Technician (iii) Brief Bio: Knicko Askari – Has been in construction since 1993. All phases of building, demolition, remodeling, landscaping, hazmat, mold, water damage, fire, disaster response, lead, asbestos, and clean-up and working in several states throughout the course of business. Page 4 Item 1E-89 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Fiscal Stability (i) Member of Dunn and Bradstreet (ii) Have company credit and cash on and – No credit Line needed from bank PAGE 5 Item 1E-90 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Experience and Technical Competence A. Experience (i) Having worked in the industry for a combined 102 years and having a sound crew on hand, we will execute any job, no matter the size of the project. Having dealt with several property managers, city housing specialists, associations, and parks departments, we are confident and assured that the satisfaction of our customers and execution of projects in a timely manner and of the upmost priority to our firm. (ii) Staff on hand has had over 102 years of combined experience in a variety of trades. (iii) We have conducted business for 25 years and 6 months (iv) References: (a) City of Pomona – Mike Cravens 505 South Garey Ave. Pomona, CA. 91766 (909) 620-2311 mike_cravens@ci.pomona.ca.us Substantial Rehabs, Landscaping, Major and Minor Re-models, Job sizes ranging from $5,000-$100,000.00 Page 6 Item 1E-91 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com (b) Pacific Preservation 50 W. Hillcrest Dr. Thousand Oaks, CA. 91360 (805) 496-1084 JaniceGray@thinknres.com Substantial Rehabs, Landscaping, Major and Minor Re-models, Demolitions, water, mold, lead, Asbestos, fire damage. Project range from $500-$350,000.00 (c) ACR Services DKI - Michael Benson 1330 W. 25th st. San Bernardino, CA. 92405 (909) 883-4884 michael@acrservicesdki.com Substantial Rehabs, Landscaping, Major and Minor Re-models, Demolitions, water, mold, lead, Asbestos, fire damage. Project range from $1500-$1,200,000.00 (v) Elite Customs has been in San Jacinto since December of 2006. We have worked hundreds of projects in the city and have a true knowledge of the city and its needs as it pertains to all service needs. Page 7 Item 1E-92 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com (B) Project Specific Experience (i) 10 Zone Service Maintenance in the city of San Jacinto (a) Role was to inspect, troubleshoot, schedule, order materials, and re-inspect all 10 sites for landscaping service. (b) Amount of project ranged from $15,000-$25,000 per month. (c) Service description included pruning trees, mowing, edging, treatment for gophers, debris removal, frontage maintenance, irrigation repairs, emergency service calls, major frontage installs and basin clean-up. (d) We have currently 8 people on staff for the 10 zones mentioned. (e) Currently we are in the 2nd year of service. (f) We are an approved vendor for the city of San Jacinto. (g) Contact person for the project: Andy Ramirez, Parks, Streets and Storm Water Superintendent 595 South San Jacinto Avenue San Jacinto, California 92583 (951) 654‐4041 aramirez@sanjacintoca.gov Page 8 Item 1E-93 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com (B) Project Specific Experience –(continued) (ii) Service Maintenance in various cities throughout LA county (h) Role was to inspect, troubleshoot, schedule, order materials, and re-inspect for landscaping service. (i) Amount of project ranged from $500-$25,000 per month. (j) Service description included pruning trees, mowing, edging, treatment for gophers, debris removal, frontage maintenance, irrigation repairs, emergency service calls. (k) We had 4 people on staff for the time of service. (l) Currently we have completed service as the company closed. (m) We were an approved vendor for that firm. (n) Contact person for the project: Pacific Preservation 50 W. Hillcrest Dr. Thousand Oaks, CA. 91360 (805) 496-1084 JaniceGray@thinknres.com Page 9 Item 1E-94 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com (B) Project Specific Experience –(continued) (iii) Service Maintenance in various cities throughout counties of Texas (o) Role was to inspect, troubleshoot, schedule, order materials, and re-inspect for landscaping service. (p) Amount of project ranged from $1500-$1,000,0000.00. Service description included demolition, pruning trees, mowing, edging, debris removal, frontage maintenance, irrigation repairs, emergency service calls. (q) We had 75 people on staff for the time of service. (r) Currently we have completed service. (s) We were an approved vendor for that firm. (t) Contact person for the project: ACR Services DKI - Michael Benson 1330 W. 25th st. San Bernardino, CA. 92405 (909) 883-4884 michael@acrservicesdki.com Page 10 Item 1E-95 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com (C) Technical Competence (i) We have 4 laptops, 1 truck mounted with the industry leading software called Xactimate, which breaks down in great detail scope of work by each area and detailing cost by line item. We also utilize ICAD for our estimated if needed. (ii) We have the ability to draw upon multi-disciplinary staff to address the Services requested in this RFP if needed. Page 11 Item 1E-96 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Proposed Method to Accomplish the Work We will be staffing 20 full time technicians to service the city of San Jacinto. Each vehicle will be in compliance to the required specifications as required by the city of San Jacinto. Each vehicle will have the appro- priate number of technicians for that service area. Each zone will have a designated day of service and a routine schedule for proper completion and inspection by the city inspector. We will have (3) full time, after hours inspectors and technicians available to respond to call within 15-30 minutes depending on the location of the service call. Page 12 Item 1E-97 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Insurance Insurance policy is on file with the city. Page 13 Item 1E-98 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Pricing proposal Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly $90 $90 2 Construction Supervisor 1 Hourly $125 $85 3 Framer 1 Hourly $90 $90 4 Drywall Installer 1 Hourly $55 $55 5 Plumber (variable) 1 Hourly $75-150 $75-150 6 Concrete Worker (variable) 1 Hourly $75-150 $75-150 7 Carpenter (variable) 1 Hourly $75-150 $75-150 8 Painter 1 Hourly $65 $65 9 Welder 1 Hourly $125 $125 10 Flooring Installer (variable) 1 Hourly $55-125 $55-125 11 Laborer (variable) 1 Hourly $55-125 $55-125 Page 14 Item 1E-99 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Litigation N/A Page 15 Item 1E-100 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Other information (a) We have completed several hundred projects with the city on a timely manner and within the budget allocated for that project within a 12- year span. (b) Elite Customs has been involved in the community for a period of 12 years. We have been donated thousands of hours for Community development and clean-up with various organizations throughout the 12-year span. We frequently provide food for miscellaneous events for volunteers and the community in itself. We have done several projects at no cost to the city of its tax paying residents and business owners. We have provided miscellaneous materials for city-based projects throughout the 12 years span. Overall, Elite Customs has had a solid relationship with the city and Its employees. We have been dedicated to providing the best service possible for all projects the city has issued. We have always been responsive to he city inspectors calls and Request for repairs at any given moment. We work very close with local police and fire departments in providing them various services as they occur on an moments notice. Page 16 Item 1E-101 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Certification of Proposal “ The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the city in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” Page 17 Item 1E-102 E.C. CONSTRUCTION PAGE 1 P.O. BOX 328 SAN JACINTO, CA. 92581-0328 GENERAL BUILDING CONTRACTOR – LICENSE # 909326 CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984 TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021 TAX ID# 33-0840711 E-MAIL: elitecustoms911@gmail.com Appendices N/A Page 18 Item 1E-103 ELITECUSTOMS911@GMAIL.COM 877-919-2727 PO.BOX 328 SAN JACINTO, CA. 92581 OBJECTIVE To work in a position where I can utilize my experience, strengths, and technical skills and partner up as a part of a team member with clients to accomplish the same goals as they have. SKILLS Specializing in solving problems in given construction needs. Able to multi-task and run several projects at a time. General Contractors Lic.# 909326- Mold License #12984, State Termite, and pest control- Lic.Fr-33568, RA 179931 - Lead Inspector- Certified in Covid Cleaning - P.C. 832 Certification - Coached basketball at city, junior high and high school level for 20 years KNICKO ASKARI DISASTER RESPONSE * EMERGENCY SERVICES * RE-CONSTRUCTION EXPERIENCE OWNER/OPERATOR • ELITE CUSTOMS • 1/1993 – TO PRESENT Responsible for bidding on estimates for water damage, mold, fire, smoke, emergency services, re-construction, termite, pest control, room additions, cleaning services, re-models, city projects. Providing detailed reports and scope of work to customers. Employed by other contractors/ agencies to large inter and intra state projects. Setting up work crews to execute approved proposals. Inspecting completed work, making punch-lists, completing jobs and quality control. Accounting: receivables, payables, ordering materials, payroll, office management. Managed 150 employees at times on jobsites. I have completed over 10,000 projects. Worked in Texas during Hurricane Katrina in demolition and re-building over two hundred projects in a 6-month period. Managed projects for other companies in and out of state. EDUCATION 2 YEARS COLLEGE • 1990 • MOUNT SAN ANTONIO Business management and psychology major. PC 832 COURSE / POLICE ACADEMY • 2014 • RIVERSIDE COUNTY SHERIFF “ There are no secrets to success. It is the result of preparation, hard work and learning form failure.” - Colin Powell Item 1E-104 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 12TH day of JANUARY, 2023 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) ELITE CUSTOMS CONSTRUCTION, a SOLE PROPRIETORSHIP, with its principal place of business at P.O. BOX 328, SAN JACINTO, CA 92581 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor (“Task Order”).. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as- needed basis. There is no guarantee of any of work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference and in the individual Task Orders issued by the City. No Services shall be performed unless authorized by this Agreement and by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from JANUARY 12, 2023 to JUNE 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each Item 1E-105 individual Task Order issued by the City. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in each Task Order Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates RANDY CHAVEZ, COMMUNITY SERVICES MANAGER, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates KNICKO ASKARI, OWNER, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Item 1E-106 Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement or any Task Order(s), or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which Item 1E-107 require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Item 1E-108 (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Item 1E-109 certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the Item 1E-110 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 1E-111 (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 1E-112 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 1E-113 warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, Item 1E-114 including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or Item 1E-115 liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: ELITE CUSTOMS CONSTRUCTION P.O. BOX 328 SAN JACINTO, CA 92581 KNICKO ASKARI, OWNER City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. Item 1E-116 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project this Agreement or any Task Order, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. Item 1E-117 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 1E-118 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1E-119 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ELITE CUSTOMS CONSTRUCTION IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney ELITE CUSTOMS CONSTRUCTION By: Its: OWNER _____________________________ Printed Name: KNICKO ASKARI _____________________ ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Item 1E-120 EXHIBIT “A” SCOPE OF SERVICES PALM DESERT FACILITIES IMPROVEMENT PROJECT SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications. This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below. 2. LOCATION OF WORK • City Hall Building, 73-510 Fred Waring Drive • Community Center (Henderson), 72559 Highway 111 • Corporation Yard, 74705 42nd Avenue • Portola Community Center, 45480 Portola Avenue • Palm Desert Sheriff Substation, 73520 Fred Waring Drive • Parkview Office Complex, 73710 Fred Waring Drive • State Building, 73-720 Fred Waring Drive • iHUB, 37023 Cook Street, Suite 102 • Fire stations o Fire Station No. 33, 44400 Towne Center Way o Fire Station No. 67, 73200 Mesa View Drive o Fire Station No. 71, 73995 Country Club Drive • Aquatic Center, 73751 Magnesia Falls Drive • Parks buildings o Cahuilla Hills Park, 45825 Edgehill Drive o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd o Civic Center Park, 43900 San Pablo Ave o Freedom Park, 77400 Country Club Dr o Hovley Soccer Park, 74735 Hovley Lane o Ironwood Park, 47800 Chia Drive o Joe Mann Park, 77810 California Drive o Magnesia Falls City Park, 74200 Rutledge Way o Palma Village Park, 44550 San Carlos Ave o University Park East, 74902 University Park Drive o University Dog Park, 74802 University Park Drive o Washington Charter School Park, 45768 Portola Avenue The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique Item 1E-121 maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and safe use of the facility and continues the City’s prominence as a world-class municipality for the enjoyment of the community. 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff. 3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include: • Site locations visited and address • Contractor representative and contact information • Date and time of visit • Prioritized list of areas recommended for maintenance projects • Descriptions of maintenance projects • Estimated cost to complete each maintenance project • Photos 3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to: • Framing • Drywall • Painting • Concrete • Carpentry • Audio/Visual & Security • Welding • Flooring • Fixtures • Plumbing 3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades. 3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a Item 1E-122 different piece of equipment. 3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance. Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk- through inspection of the contract area. 3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better. 3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance. 3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better. 3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc. 3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal. The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract. Item 1E-123 4. MAINTENANCE PROJECTS Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated. 4.1 No work will be initiated without an approved City of Palm Desert Work Order. 4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope and cost of the project. 4.3 The Contractor will provide an estimated timeline for project milestones and completion. 5. PAYMENT Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed: 5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities. 5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. 5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. 5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement. Item 1E-124 EXHIBIT “B” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: MAINTENANCE SERVICES AGREEMENT Contractor: ELITE CUSTOMS CONSTRUCTION The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF PALM DESERT ELITE CUSTOMS CONSTRUCTION Dated: Dated: By: By: Item 1E-125 EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows: [SEE ATTACHED PROPOSAL FEE SCHEDULE] Item 1E-126 EXHIBIT “D” SPECIAL PROVISIONS 1. PRE-COMMENCEMENT CONFERENCE A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or superintendent assigned by the Contractor for this project shall be present at the Pre- commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for submission and review at the pre-commencement meeting. The discussion shall include but not be limited to: project supervision; progress schedules and reports; payments to Contractor; safety; and other anticipated issues pertinent to the contract. At this conference, the Contractor shall designate, in writing, a representative who shall have authority to act for the Contractor. An alternate representative may be designated. The representative or alternate shall be available whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. Those attending the meeting shall include, but not be limited to the following: 1. Contractor 2. City of Palm Desert Deputy Director of Public Works 3. City of Palm Desert Project Manager 4. City of Palm Desert Public Works Staff 5. Pertinent Subcontractor(s) 2. PUBLIC CONVENIENCE The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under active maintenance no greater length or amount of work then can be prosecuted properly with due regard to the rights of the public. Contractor must obey Housing directives. Paths of travel must be maintained free of obstructions and hazardous conditions when contractor is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel, the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. 3. HOURS OF WORK Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the established hours of operation under this contract: May 1 through September 30 Item 1E-127 • Weekdays (MTWTF): 5:30 AM to 7:00 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work October 1 through April 30 • Weekdays (MTWTF): 7:00 AM to 5:30 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work *Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent. Work is not permitted on Sundays and during City of Palm Desert holidays. Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by City of Palm Desert is not held to these restrictions.) 4. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS The Contractor shall be responsible for all damages to persons or property that occurs as a result of the work. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City of Palm Desert. All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where work is being performed. Contractor shall erect and properly always maintain, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including material that is replaced, packaging material, and other debris generated. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by City of Palm Desert or City of Palm Desert’s agent. Item 1E-128 6. CHANGES IN THE WORK Contractor shall make no changes in the work without written direction from City of Palm Desert. Contractor shall not be compensated for any change made without City of Palm Desert’s written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. All such changes in the work authorized by change order shall be performed under the applicable conditions of the Contract Documents. Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) days of discovery of the facts giving rise to the proposed change order. 7. CLAIMS The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the City of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City of Palm Desert to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Palm Desert shall be considered as a payment made under the Contract Documents by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the Contractor for any such payment made in good faith. 8. DISPUTE RESOLUTION Notwithstanding any other provision herein, provisions and procedures in this Section, claims of $375,000 or less shall be resolved pursuant to the procedures set forth in California Public Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against the City of Palm Desert. 9. PROJECT SAFETY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the project and all other persons who may be affected thereby; 2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub-Subcontractors; Item 1E-129 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacturer. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the City of Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting signs and other warnings against hazards, promulgating safety regulations and notifying park users that repairs are being made. The Contractor shall use proper safety signing and barricading as defined by ASTM 1487 and best practices The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. The Contractor shall take all necessary precautions to protect the public from the hazards of open excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress. High visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced. Contractor shall ensure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name adequately displayed on the vehicles. All safety devices and all guards for equipment shall be in place and in proper working order during equipment use. No safety device or guards shall be removed, modified or altered in any way, except in strict accordance with the manufacturer’s recommendation. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Project Manager immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to City of Palm Desert. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human Item 1E-130 life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. 10. WORK AREA APPEARANCE The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris developed during maintenance operations shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left unattended in parking areas without express permission from the City of Palm Desert. No tarps shall be permitted in any area overnight. 11. CLEANUP AND RESTORATION OF SURFACES The Contractor shall, as directed by the Project Manager, remove from all public and private property, at its own expense, all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor. All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after operations, be restored to a condition at least equal to that which existed prior to landscape maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor’s operations in the course of work. 12. RECYCLING SPECIFICATIONS Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted and County-licensed, diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock. Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill. Contractor shall include the costs for the diversion of the above-listed materials in its bid for the job. All other debris generated that is beyond the scope of normal and routine maintenance shall be paid as an extra. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state, Item 1E-131 federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site. Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e. corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City or City of Palm Desert green waste. Said products shall be approved by the Project Manager or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 13. PERMITS AND LICENSES a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the City, City of Palm Desert, and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all subcontractors shall be required to have a City of Palm Desert Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the price and no additional compensation will be allowed therefor. c. Fees: Contractor shall be responsible for all inspection and permit fees required by agencies (other than the City of Palm Desert, Public Works Department) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the lump sum contract bid price and no additional compensation will be allowed therefor. 14. POTHOLING Prior to commencement of any structure replacement, Contractor shall physically locate, verifying horizontal and vertical locations, and map existing underground facilities within the work area that are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall protect all such facilities from damage due to construction activities for the duration of the project. Contractor shall deliver a plan with the location of each potholed utility to the Project Manager. Repair of damage to such facilities shall be at the Contractor's expense and shall be considered as integral to this item of work. Contractor shall be responsible for following all applicable rules and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost for potholing shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor. 15. RELOCATION In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it shall be the responsibility of the Contractor, The Contractor shall restore the service connections Item 1E-132 as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the lump sum contract bid price, and no additional compensation will be allowed therefor. 16. SURPLUS MATERIALS All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or other deleterious material shall become the property of the Contractor. Surplus material encountered in a manner not associated with regular on-going maintenance activities shall be subject to removal at time and material basis upon approval by the City of Palm Desert. Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and shall be considered as included in the lump sum contract bid price for and no additional compensation will be made therefor. 17. INSPECTION OF THE WORK There will be inspection of this work to ensure strict adherence to the specifications and work schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the City of Palm Desert should any deviation of said work schedule become necessary. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the City of Palm Desert. 18. PROTECTION OF PUBLIC The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of their maintenance operations. Unusual conditions may arise during the scope of work, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent. Item 1E-133 The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation 19. TRAFFIC CONTROL Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Contractor shall provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers, cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III. When required by the City of Palm Desert’s Representative or when maintenance activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the City. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Inspector. A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during maintenance operations. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the City Project Manager is obtained. If the closing or opening of a street (either partially or fully) within the City is approved by Project Manager, Contractor shall notify the City Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled closing or opening. A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be maintained free of hazardous conditions. The immediate area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the work area at all times. At no time is any business or residence to be without access unless otherwise approved by Project Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48) hours in advance of construction activities. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the course of their work. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the City Project Manager, shall be considered as included in the in the contract bid price, and no additional compensation will be made therefor. 20. DUST CONTROL/AIR CONTAMINANTS Item 1E-134 The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of “dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the life of the contract, and special attention shall be given to areas during over-seeding operation. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm Desert. Payment for maintaining dust control and air contaminates within the project area shall be included in the lump sum contract proposal price, and no additional compensation will be allowed therefor. 21. WATER Water shall not be taken from any commercial or residential systems without the express written consent of the owner. 22. MEASUREMENT AND PAYMENT City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to subtract an associated amount form the billing. Since it is difficult to quantify and assess a value to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies: 1. Failure to comply with Contract Documents. 2. Failure to comply in a timely manner with contractually legitimate requests made by City of Palm Desert. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm Desert, City of Palm Desert many choose to obtain the services of a separate maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor. Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall submit invoices within 30 days after completion of work. Invoices shall include the contract number, location, name of work requester, and payment terms of NET 45. Contractor shall submit monthly Statements for invoices generated during the previous month and note outstanding invoices. Failure to submit invoices within sixty (60) days after completion of work, without a City Item 1E-135 approved work order, and/or within thirty (30) days after the last date of provided Services or termination of this Agreement shall constitute a waiver of its right to payment. 23. VEHICLES ON SIDEWALK AND TURF Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval. 24. REFUSE DISPOSAL All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense. Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. 25. GREEN WASTE Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation Yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the City of Palm Desert or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 26. SCHEDULES At the pre-commencement conference, Contractor and City of Palm Desert staff will review the Work requirements and Contractor will formulate a priority list and submit to City for review. Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. 27. LICENSE AND CERTIFICATION REQUIREMENTS Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the Proposal is submitted, Contractor shall possess current licensure and certification as follows, and the same shall be maintained current and valid for the term of the contract: Class B Contractor License; and specialized Class C licenses as needed. Item 1E-136 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to ELITE CUSTOMS CONSTRUCTION, (hereinafter referred to as the “Contractor”) an agreement for FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ELITE CUSTOMS CONSTRUCTION, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS, ($750,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1E-137 (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 1E-138 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 1E-139 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 1E-140 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 1E-141 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed JANUARY 12, 2023 has awarded to ELITE CUSTOMS CONSTRUCTION hereinafter designated as the “Principal,” a contract for the work described as follows: FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and Item 1E-142 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 1E-143 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 1E-144 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 1E-145 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 1E-146 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project RESPONSE DEADLINE: September 23, 2022 at 2:00 pm Report Generated: Tuesday, September 27, 2022 Belfor USA Group Proposal CONTACT INFORMATION Company: Belfor USA Group Email: kathy.larosa@us.belfor.com Contact: Kathy LaRosa Address: 3443 Durahart Avenue Riverside, CA 92507 Phone: (248) 502-2408 Website: www.belfor.com Submission Date: Sep 23, 2022 11:43 AM Item 1E-147 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. Item 1E-148 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 3 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. FINAL_City_of_Palm_Desert_2022-RFP-134.pdf12_-_January_2022_-_California_Prevailing_Wage_Rate_Schedule.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirec tly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any ove rhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged informa tion or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. Item 1E-149 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database 810553 Click to Verify Value will be copied to clipboard 4. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000013546 Click to Verify Value will be copied to clipboard 5. Type of Business* C Corporation (if corporation, two signatures are required) 6. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). As a very large company that performs over 65,000 projects a year, BELFOR is not aware of any prior material contractual issues that would prevent us from completing our obligations to your company. 7. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1E-150 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. Please refer to the document: FINAL_City of Palm Desert 2022-RFP-134.pdf beginning on page 16 for our proposed Contract changes. 8. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). Please refer to the document: FINAL_City of Palm Desert 2022-RFP-134.pdf beginning on page 11 for our Exceptions to Bid Conditions. 9. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. BELFOR_Resumes.pdf 10. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number A. Paul Suchowski Item 1E-151 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 6 B. Controller C. 185 Oakland Avenue, Suite 150 Birmingham, MI 48009 D. paul.suchowski@us.belfor.com E. 248.494.1144 A. Chris Jones B. CFO C. 185 Oakland Avenue, Suite 150 Birmingham, MI 48009 D. chris.jones@us.belfor.com E. 248.494.1144 11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed PRICE TABLES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly Rate $1.00 $1.00 2 Construction Supervisor 1 Hourly Rate $1.00 $1.00 3 Framer 1 Hourly Rate $1.00 $1.00 4 Drywall Installer 1 Hourly Rate $1.00 $1.00 Item 1E-152 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-134 Facilities Repairs and Improvements Project PROPOSAL DOCUMENT REPORT Request For Proposal - Facilities Repairs and Improvements Project Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total 5 Plumber 1 Hourly Rate $1.00 $1.00 6 Concrete Worker 1 Hourly Rate $1.00 $1.00 7 Carpenter 1 Hourly Rate $1.00 $1.00 8 Painter 1 Hourly Rate $1.00 $1.00 9 Welder 1 Hourly Rate $1.00 $1.00 10 Flooring Installer 1 Hourly Rate $1.00 $1.00 11 Laborer 1 Hourly Rate $1.00 $1.00 TOTAL $11.00 Item 1E-153 Item 1E-154 Contents Section A – Cover Letter ............................................................................................... 1 Section B – Experience and Technical Competence .................................................. 3 1. Background ........................................................................................................................................... 3 2. References ............................................................................................................................................ 4 Section C – Firm Staffing Key Personnel .................................................................... 5 1. Staffing .................................................................................................................................................. 5 2. Key Personnel ....................................................................................................................................... 5 3. Team Organization ................................................................................................................................ 6 4. Subcontractors ...................................................................................................................................... 9 Section D – Proposed Method to Accomplish the Work ............................................ 9 Exceptions.................................................................................................................... 11 Item 1E-155 Section B – Experience and Technical Competence 1. Background Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. BELFOR USA Group, Inc. is a General Contractor, as well as the world’s largest restoration company, bringing extensive experience in large-scale rehab and renovation projects to the City of Palm Desert. Founded in 1946, our 76-year history and vast experience over the years has afforded us the opportunity to restore and rebuild almost every type of structure imaginable. BELFOR performs over 74,000 projects a year in North America and over 159,000 worldwide. We are nationally recognized as a leader in general contracting, from new builds to historic restoration projects. Award-Winning General Contractor With more than 76 years of reconstruction experience, BELFOR USA Group, Inc., has an unmatched depth of resources and knowledge. BELFOR has been the #1 Remodeling Company on the Top 500 U.S. Remodelers List since 2001 (National Association of the Remodeling Industry) and has received numerous awards that recognize excellence in the restoration industry, including Apex, Chrysalis and Phoenix Awards. A complete list is available upon request. Privately Held All locations are wholly owned by BELFOR USA Ltd.; there are no franchise locations. With 125 offices in the U.S., 42 in Canada and over 450 around the world, BELFOR is both globally strong and locally focused. Personnel With over 3,700 full-time employees in North America and more than 9,200 worldwide, BELFOR brings an abundance of talent and ability unequalled in our industry. The experience we bring to each project represents true value to our clients. Financial Strength BELFOR is a $3B global entity. We have a strong balance sheet which allows us to maintain a consistent pace of operations around the world, regardless of major disaster events. Item 1E-156 2.References List recently completed projects similar in scope and function. Reference #1: County of San Bernardino Contact name and title: Bill Ogg, Deputy Director Telephone number: 909-387-2227 Description of project: Environmental Remediation and Restoration (9/2020) Reference #2: City of Palm Desert Contact name and title: Cora Gaugush, Risk Manager Telephone number: 760-574-3541 Description of project: Emergency Remediation, Abatement and Restoration (3/2022) Reference #3: Coachella Unified School District Contact name and title: David Baucom, Facilities Director Telephone number: 760-574-2674 Description of project: Emergency Remediation, Abatement and Restoration (open account, 3+ years) Item 1E-157 Section C – Firm Staffing Key Personnel 1.Staffing Provide number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. BELFOR would utilize BELFOR Property Restoration employees and subcontractors that are trained, licensed, and certified to perform the job-site tasks that the project requires. All site workers would perform daily safety trainings and briefings as well as maintain a project schedule that accomplishes the task within the allotted project schedule. The key team members assigned to The City of Palm Desert are listed below. 2.Key Personnel Identify key person that will be principally responsible for working with the city. Indicate role and responsibility of each individual. Our goal is to become an integral member of the City of Palm Desert Emergency Response Team. As the responding office, BELFOR Riverside is well-positioned to fully support the City of Palm Desert. BELFOR Riverside, located at 3443 Durahart Street, Riverside CA is a strong, resourceful and- established office that has been providing restoration and construction services in the area for 23 years. We are supported by the twelve (12) other BELFOR California offices (Bakersfield, Central Los Angeles, Fresno, Los Angeles, Modesto, Palm Springs, Sacramento, San Diego, San Fernando Valley, San Francisco, San Jose and Santa Rosa) as well as the entire BELFOR USA Group network. Account Manager – Cindy Helmstead Responsibilities: Cindy will be the primary individual accountable for any projects performed, from initial emergency response through final billing. Reporting to her on any given project would be the assigned Project Manager, responsible for on-site project operations oversight and a liaison at the disaster site. As an Account Manager for BELFOR, she is responsible for consulting with her clients on their emergency response plans to ensure that no legal, insurance, or logistical issues will delay immediate response and mitigation efforts. Item 1E-158 3.Team Organization Describe proposed team organization, including identification and responsibilities of key personnel. BELFOR Riverside has been in operation for 23 years and has an experienced and highly skilled staff to complete any projects for the City of Palm Desert’s Facilities Repairs and Improvements Project. In addition to Cindy Helmstead, the key personnel are: •General Manager – Jeff Gildner Experience: Jeff Gildner began his career at BELFOR in 2013, serving as both a Project Manager and a Senior Estimator. These roles made him uniquely qualified and in 2019 he was promoted to General Manager of the BELFOR Riverside office. He brings over 30 years of experience in the restoration and construction industry. Responsibilities: Jeff has oversight of all facets of operations in the Riverside Office. He monitors projects performed and leads operations staff, sales, and production teams. As the head of the Riverside Office, Jeff also sets and monitors P&L milestones for the office as well as initiating recruiting efforts. •Project Manager - Eduardo “Lalo” Almeida Experience: Lalo began his career at BELFOR in 2008 and has served as a Project Manager. Prior to joining BELFOR, Lalo was an Operations Manager for eight years. With over 20 years of experience in the restoration and construction industry, he has successfully managed a variety of large loss projects from initial assessment to the final restoration. Responsibilities: As Project Manager, Lalo is accountable for the daily operations of the project and management of all personnel and subcontractors (if used) onsite. Responsible for updating work plans and schedules as the project progresses. Lalo also helps enforce site safety and security. He ensures the scope of work is followed and standardized procedures and practices are utilized. Finally, Lalo witnesses all project inspections and/or testing with required agencies. •Project Supervisor/Manager – Mike Magnone Experience: Mike Magnone began his career at BELFOR in 2011, serving as a Project Manager as well as an Estimator before moving to his current position as Project Manager / Supervisor. Prior to joining BELFOR, Mike worked as a Project Supervisor for a concrete company and executed several contracts for 3M. He also worked as a Project Supervisor for a structural steel fabricator and erector for large hospitals and medical complexes. Mike’s impressive 40 years of experience in construction and restoration is evident in his superior project planning, permit processing, and customer communication skills. Responsibilities: Mike’s chief responsibility is to ensure work crews are achieving the expected level of performance on a daily basis. He will inform the Project Manager when labor, equipment and material adjustments are needed. Item 1E-159 •Senior Estimator - Suraj Lutchmansingh Experience: Suraj Lutchmansingh is a Senior Estimator and has worked with BELFOR for five years. With 24 years of experience in the restoration industry he is highly skilled in a number of different remediation and restoration techniques. Suraj also understands the importance of delivering consistent positive client communications, having owned his restoration company for 16 years. His extensive experience includes a recent challenging remediation project that he estimated and performed for Riverside University Health System. Suraj’s experience encompasses all aspects of what we do at BELFOR, including restoration at hotels, multifamily residences, and mold remediation projects. Responsibilities: Suraj coordinates needed resources and manpower to effectively perform a construction or restoration project. As Senior Estimator, he has on-site decision-making authority and is responsible for ensuring Key Performance Indicators (KPIs) are met. •Estimator – Michael Todd Experience: Michael has been with BELFOR for one year but brings over 25 years of experience in the restoration and construction industry. Being self-employed for 25 years, Michael brings leadership and extensive knowledge to his role as Estimator. As owner of his own company, Michael was responsible for acquiring work, scheduling, hiring and training employees. He focused on meeting and exceeding customer satisfaction as a key measurement in growing his company. Michael has over 40 years of hands-on experience in many aspects of construction, driving his attention to detail and also the big-picture view required of successful Estimators. Responsibilities: Typically, the first person on site to evaluate the extent of the damage. Works directly with the Senior Estimator to determine the manpower and equipment needed to stabilize the property and would work with City of Palm Desert key personnel and insurance representatives to develop a full scope of required construction and a timeline for recovery. •Estimator – Justin Howard Experience: Justin has been with BELFOR for two years but brings over 14 years of experience in the restoration and construction industry. He has worked for other such companies in a variety of capacities, including: Technician, Crew Chief, Mitigation Project Manager, Mitigation Estimator, and Reconstruction Estimator/Project Manager. Justin’s well-rounded experience enables him to understand the details of each project and communicate those to the customer clearly. In addition, Justin is also cross trained in all aspects of Mitigation and Remediation, further enriching his role as Estimator. Responsibilities: As with Michael Todd, Justin will often be one of the first people on site to evaluate the extent of the damage. In addition to determining needed personnel, equipment, and other resources, Estimators are often responsible for ensuring Key Performance Indicators (KPIs) are met on each project. Please refer to the Organizational Chart on the following page and the attached Staff Resumes for more information. Item 1E-160 CINDY HELMSTEAD Account Manager Mike Magnone Project Supervisor/Manager JEFF GILDNER General Manager BELFOR Riverside Field Personnel Regional Health & Safety Officer Construction Superintendents Restoration Supervisors Restoration Technicians JUSTIN HOWARD Estimator MIKE TODD Estimator LALO ALMEIDA Project Manager SURAJ LUTCHMANSINGH Senior Estimator City of Palm Desert, RFP: 2022-RFP-13Z 8 Item 1E-161 4.Subcontractors The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. BELFOR typically self-performs the vast majority of restoration/remediation services. If needed, subcontractors are prequalified for performance history, stability, insurance requirements, references, compliance with federal immigration policies, a sense of urgency and a business continuity mindset. If the contractor supports our emergency response services, they are required to respond 24/7 to requests for service. Subcontractors are fully licensed and insured. Section D – Proposed Method to Accomplish the Work Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to: • Framing • Drywall • Painting • Concrete • Carpentry • Audio/Visual & Security • Welding • Flooring • Fixtures • Plumbing BELFOR is unique in that, while we are licensed general contractors, we are also remediation specialists. All of our technicians, estimators and managers have this dual perspective on projects, allowing them to understand building systems, determine if restoration or reconstruction is the best course of action, and implement the appropriate solutions immediately. This also allows BELFOR to fast-track many projects by eliminating duplication of effort and reducing job site conflicts. Item 1E-162 Reconstruction With more than 76 years of reconstruction experience, BELFOR has an unmatched depth of resources and knowledge. Our offices and personnel are a part of the communities that they serve. They understand their community’s needs. BELFOR works with insurance adjusters, oftentimes several on a single project to mitigate property damage, address hidden moisture and/or mold, safely nullify disaster scene hazards, repair damage from construction defects, and identify building components that can be restored vs. replaced. We work on accelerated timelines to drastically reduce business interruption for our commercial clients. BELFOR USA has been the #1 Insurance Reconstruction Company on the List of Top 500 Remodeling Companies since 2001. We have also garnered numerous awards that recognize excellence in the restoration industry, including Apex, Chrysalis and Phoenix Awards. A complete list is available upon request. Capabilities As a full service General Contractor, we can coordinate all needed services - hiring architects, engineers, testing firms, and any necessary trades in order to stabilize and reconstruct a property. We perform interior renovation / build-back as well as complete core and shell construction. Reconstruction Capabilities after a loss include: •24-hour emergency response •Site containment/temporary shoring •Intrusive investigation/selective demolition •Emergency power •Full scale carpentry •Complete electrical, mechanical and plumbing •Complete exterior envelope reconstruction •Construction defect reconstruction •All roofing configurations •Interior build-out and finishes •Complex installation and interior finishes •High-rise reconstruction and restoration •Historic reconstruction and restoration •Machinery/factory line implementation Item 1E-163 BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS #2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT Doc./Page Section Description Standard Maintenance Services Agreement 3.2.8 Period of Performance Please modify this section as follows: Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Standard Maintenance Services Agreement 3.2.11.2(A) Proof of Insurance Please modify this section as follows: Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Standard Maintenance Services Agreement 3.2.11.2(I) Notice of Cancellation Please modify this section as follows: Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Item 1E-164 BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS #2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT Standard Maintenance Services Agreement 3.2.14 Please modify the last sentence of this section as follows: Contractor shall allow inspection of all work, data, documents, proceedings, and activities directly related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Standard Maintenance Services Agreement 3.2.16 Please modify this section as follows: Contractor shall be responsible for all loss and damage to the extent caused by Contractor which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. Standard Maintenance Services Agreement 3.3.2 Please modify this section as follows: Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services. or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever Standard Maintenance Services Agreement 3.5.2.1 Scope of Indemnity Please modify this section as follows: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and Item 1E-165 BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS #2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, attributable to bodily injury, death, or property damage (collectively, “Claims”) loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, or subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, reasonable attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. Standard Maintenance Services Agreement 3.5.2.2 Additional Indemnity Obligations Please delete paragraph 3.5.2.2 in its entirety. Scope of Services 5.3 Payment Please modify the language as follows: All materials and will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet or Contractor’s then current rate and material schedule. Exhibit C Compensation Exhibit C Please modify this Exhibit as follows: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, to be consistent with Contractor’s then current rate and material schedule. but any increase shall not exceed the Formatted Table Formatted: Font: Bold Formatted: Font: Bold Item 1E-166 BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS #2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. Special Provisions 7 Claims Please delete this section in its entirety. Special Provisions 22 Measurement and Payment Please modify this section as follows: 11.1 City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to subtract an associated amount form the billing. Since it is difficult to quantify and assess a value to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies: 11.2 1. Failure to comply with Contract Documents. 11.3 2. Failure to comply in a timely manner with contractually legitimate requests made by City of Palm Desert. 11.4 3. Failure to provide specified reports or falsification of reports. 11.5 4. Failure to supply adequate equipment, labor or supervision. 11.6 5. Failure to repair deficiencies in the allotted time frame. 11.7 6. Failure to comply with schedules. 11.1 11.8 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction Item 1E-167 BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS #2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT of City of Palm Desert, City of Palm Desert many choose to obtain the services of a separate maintenance provider to fulfill Contractor’s obligations., and any and all associated charges shall be the responsibility of the Contractor. Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall submit invoices within 30 days after completion of work. Invoices shall include the contract number, location, name of work requester, and payment terms of NET 45. Contractor shall submit monthly Statements for invoices generated during the previous month and note outstanding invoices. Failure to submit invoices within sixty (60) days after completion of work, without a City approved work order, and/or within thirty (30) days after the last date of provided Services or termination of this Agreement shall constitute a waiver of its right to payment. Item 1E-168 CONTRACT NO. CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and [***INSERT NAME OF CONTRACTOR***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Facilities Repairs and Improvements Project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from September 29, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Revised 11-2-20 BBK 72500.00001\32374943.1 - 1 - Item 1E-169 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Shawn Muir, Management Analyst, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, Item 1E-170 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 3 - including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Item 1E-171 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 4 - 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each Item 1E-172 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 5 - accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and primary policies. (d) Policies shall “follow form” to the underlying (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or Item 1E-173 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 6 - damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation Item 1E-174 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 7 - (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall Item 1E-175 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 8 - exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. Item 1E-176 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 9 - 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities directly related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage to the extent caused by Contractor which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its Item 1E-177 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 10 - sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Thousand Dollars ($300,000.00) annually without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services. or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which Item 1E-178 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 11 - is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven Item 1E-179 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 12 - (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: [***INSERT NAME***] [***INSERT ADDRESS***] [***INSERT CONTACT PERSON***] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, attributable to bodily injury, death, or property damage (collectively, “Claims”) loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, or subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert Item 1E-180 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 13 - witness fees, reasonable attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor and City shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be Item 1E-181 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 14 - construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, Item 1E-182 Contract No. Revised 11-2-20 BBK 72500.00001\32374943.1 - 15 - understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1E-183 Contract No. SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney [***INSERT NAME OF CONTRACTOR***] [***INSERT NAME OF LEGAL ENTITY***] [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: Its: Printed Name: Contractor’s License Number and Classification DIR Registration Number (if applicable) QC Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit A - 1 Insurance: Initial Review Final Approval Item 1E-184 Contract No. Exhibit A-2 EXHIBIT “A” PALM DESERT FACILITIES IMPROVEMENT PROJECT SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications. This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below. 2. LOCATION OF WORK City Hall Building, 73-510 Fred Waring Drive Community Center (Henderson), 72559 Highway 111 Corporation Yard, 74705 42nd Avenue Portola Community Center, 45480 Portola Avenue Palm Desert Sheriff Substation, 73520 Fred Waring Drive Parkview Office Complex, 73710 Fred Waring Drive State Building, 73-720 Fred Waring Drive iHUB, 37023 Cook Street, Suite 102 Fire stations o Fire Station No. 33, 44400 Towne Center Way o Fire Station No. 67, 73200 Mesa View Drive o Fire Station No. 71, 73995 Country Club Drive Aquatic Center, 73751 Magnesia Falls Drive Parks buildings o Cahuilla Hills Park, 45825 Edgehill Drive o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd o Civic Center Park, 43900 San Pablo Ave o Freedom Park, 77400 Country Club Dr o Hovley Soccer Park, 74735 Hovley Lane o Ironwood Park, 47800 Chia Drive o Joe Mann Park, 77810 California Drive o Magnesia Falls City Park, 74200 Rutledge Way o Palma Village Park, 44550 San Carlos Ave o University Park East, 74902 University Park Drive o University Dog Park, 74802 University Park Drive o Washington Charter School Park, 45768 Portola Avenue The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and Item 1E-185 Contract No. Exhibit A-3 safe use of the facility and continues the City’s prominence as a world -class municipality for the enjoyment of the community. 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff. 3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis, or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include: Site locations visited and address Contractor representative and contact information Date and time of visit Prioritized list of areas recommended for maintenance projects Descriptions of maintenance projects Estimated cost to complete each maintenance project Photos 3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to: Framing Drywall Painting Concrete Carpentry Audio/Visual & Security Welding Flooring Fixtures Plumbing 3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades. 3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment. Item 1E-186 Contract No. Exhibit A-4 3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance. Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk- through inspection of the contract area. 3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better. 3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance. 3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better. 3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc. 3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal. The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract. 4. MAINTENANCE PROJECTS Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated. 4.1 No work will be initiated without an approved City of Palm Desert Work Order. 4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope Item 1E-187 Contract No. Exhibit A-5 and cost of the project. 4.3 The Contractor will provide an estimated timeline for project milestones and completion. 5. PAYMENT Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed: 5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities. 5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. 5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials and will be paid at cost plus an allowable 15% markup. L labor will be paid based on the approved Price Sheet or Contractor’s then current rate and material schedule. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. 5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement. Formatted: Font: Bold Item 1E-188 Contract No. EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from September 29, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Revised 11-2-20 BBK 72500.00001\32374943.1 Exhibit B - 1 Item 1E-189 Contract No. EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, to be consistent with Contractor’s then current rate and material schedule. but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index. The total compensation shall not exceed Three Hundred Thousand Dollars ($300,000.00) annually without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows: [INSERT PRICING SCHEDULE] Exhibit C - 1 Item 1E-190 Contract No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to , (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of THREE HUNDRED THOUSAND DOLLARS, ($300,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1E-191 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 1E-192 Contract No. IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 20 . day of (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is per thousand. The total amount of premium charges, $ . (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) Item 1E-193 Contract No. Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ Individual □ Corporate Officer Title(s) Title or Type of Document □ Partner(s) Limited □ General Number of Pages □ Attorney-In-Fact □ Trustee(s) □ Guardian/Conservator Date of Document □ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Item 1E-194 Contract No. Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited Attorney-In-Fact General Number of Pages Trustee(s) □ Guardian/Conservator Date of Document □ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Item 1E-195 Contract No. PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the “Principal,” a contract for the work described as follows: Facilities Repairs and Improvements Project (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal annual sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Item 1E-196 Contract No. or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 1E-197 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 1E-198 Contract No. Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited Attorney-In-Fact General Number of Pages Trustee(s) □ Guardian/Conservator Date of Document □ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Item 1E-199 Contract No. Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited Attorney-In-Fact General Number of Pages Trustee(s) □ Guardian/Conservator Date of Document □ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Item 1E-200 CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022 § I. CODE REGULAR RATE / HR APM Assistant Project Manager $ 80.00 PM Project Manager $ 119.00 PE Project Estimator $ 129.00 SPM Senior Project Manager $ 146.00 PC Project Coordinator $ 178.00 GL General Labor $ 122.00 AA Administrative Assistant $ 94.00 LF Labor Foreman $ 132.00 MS Mobilization Support $ 109.00 TD Truck Driver $ 109.00 DMT Demolition Technician $ 131.00 RCO Resource Coordinator (Supply Technician) $ 127.00 PA Project Auditor (Documentation Clerk) $ 99.00 EO Equipment Operator $ 139.00 HSO Health & Safety Officer $ 127.00 RT Restoration Technician $ 134.00 RS Restoration Supervisor $ 134.00 DT Dehumidification Technician $ 134.00 MT Mold Technician (Remediation Technician or Supervisor) $ 134.00 PT Painter $ 127.00 DP Drywall Installer/Finisher $ 139.00 CR Carpenter (Framer/Finish) $ 139.00 TF Trade Foreman (Commercial Supervision) $ 139.00 (Dehumidification, Documents/Media, Electronics, HVAC, Machinery, Mold) TN Technician $ 134.00 TS Technical Specialist $ 134.00 TL Team Leader $ 149.00 TMR Technician, Machinery Rebuild $ 149.00 HT Hazmat/Asbestos Technician $ 126.00 HLT Hazmat/Asbestos Lead Technician $ 134.00 HEO Hazmat/Asbestos Equipment Operator $ 139.00 HS Hazmat/Asbestos Supervisor $ 134.00 HPM Hazmat/Asbestos Project Manager $ 149.00 CVP President & Vice President $ 275.00 CSC Senior Consultant $ 225.00 CCE Consultant / Consulting Estimator $ 195.00 CWP Clerk of the Works-Production Person $ 120.00 CAD Administrative $ 75.00 COC Outside Consultants Actual Billing + 10% CLG Deposition, Legal Work, & Court Testimony see section I.IV Consulting Expenses 400.00$ CFE Appraisal & Umpire fees 350.00$ § I.II ENVIRONMENTAL SERVICES: CONSULTING SERVICES: LABOR CALCULATION POLICYThe guidelines for labor invoicing are as follows: The first eight hours worked on any scheduled shift Monday through Friday will be charged at the regular hourly rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate. All hours worked on Saturday and Sunday will be at 1.5 times the regular hourly rate. All hours worked on Holidays (see §I.III Item 4 for recognized holidays) will be charged at 2 times the regular hourly rate. OT applies to all labor classifications regardless if salary or hourly. After Hours Emergency Services: In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours (Weekdays 5:00 p.m.-7:00 a.m.), 1.5 times the regular hourly rate will be charged. GENERAL CLASSIFICATIONS: RESTORATION SERVICES (General): RECONSTRUCTION SERVICES: TECHNICAL SERVICES: RATES AND INVOICE CONDITIONS ITEMIZED SCHEDULED LABOR CLASSIFICATIONS PROJECT MANAGEMENT: v1-1 Rate and Materials (California)Page 1 of 4 BELFOR Initial:_________ Customer Initial:_________ Item 1E-201 CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022 § I. § I.III 1). Reproduction of actual drawings at actual cost 2). Automobile mileage at IRS approved rate, tolls at cost with receipts over $25.00 3). Overnight mail is priced at $14.70/small package, $29.40/large package 4). Photographs at $1.00 per picture for standard size § I.IV 5). Color copying at $1.00 per page or actual cost if Kinko's or other service 6). Airfare, hotels, rental car rates and other travel expenses are billed at cost + 15% 7). Daily per diem rate at $55.00 a day/based on (8) hour day Note: *Fees for deposition and trial appearances are for a minimum eight-hour day @ $300/hr for all consultants § II. § III. § IV. § V. § VI. § VII. § VIII. BILLING AND PAYMENT The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. The above rates represent the charges for freeze drying only. Labor, equipment, materials and other document treatments performed will be billed in accordance with the rates herein and any project specific quotations. Other recovery service charges will be determined per job, based on the following relevant factors: * Nature of Damage * Degree of soot/char * Intended Use of Document * Moisture Saturation * Mold Contamination * Odor Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required, these additional services will be quoted after examining a sample of the affected documents. CAT CONSIDERATIONS (Based on Property Claim Services assigning a CAT Serial Number) 1). A 6% fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job in the CAT. Examples of these charges would be CAT management, CAT office, admin support, warehousing, etc... 1). Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed. As such, all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice. If there are any disputed charges on any invoice these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges. Interest charges will begin to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of: 1) 1% per month or 2) as specified in the terms and conditions of the applicable contract. 1). Any scheduled consumables purchased locally where the unit price exceeds 80% of the rate, the item will be invoiced at documented cost plus Contractor's 10% Overhead / 10% Profit (21%). 2). During the course of performance of the work BELFOR may add additional consumables to the Rate Schedule. Freeze drying charges will range from $45 to $85 per cubic foot based on the volume of documents to be dried, the type of document (bound or loose paper), and the moisture saturation. 4). Scheduled consumables are charged on a "per unit" basis whether consumed by the unit or not. VENDORS, UNSCHEDULED MATERIALS & UNSCHEDULED EQUIPMENT 1). Contractor's 10% overhead plus 10% profit (21%) will be added to the total of all documented costs for Unscheduled Materials, Unscheduled Equipment, and Subcontractors / Vendors (including DUCTZ HVAC and BELFOR Environmental Services) who are not fulfilling a scheduled Labor Classification. REIMBURSABLES 1). Contractor's 15% mark-up will be added to the total of all reimbursables. 2). Standard per diem rates are $68.75 per person per day (2019 GSA base rate). The 1.35 multiplier will be applied for NYC, Cape Cod, Martha's Vineyard, Nantucket, AK, HI, Latin America, and the Caribbean ($74.25). Per Diem will be charged for all traveling personnel in § I. Itemized Scheduled Labor Classification. BELFOR charges this daily rate whether the per diem is paid directly to the person, is charged to BELFOR as a separate charge, or is included with other compensation considerations. For multiple jobs on a single day, per diem will be prorated accordingly. 3). Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service, Code of 1986, Section 274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as it is our policy that any deductibility limitation for income tax purposes is the responsibility of the customer. 3). BELFOR reserves the right to change the unit rate of scheduled consumables affected by market conditions. 4). BELFOR shall be reimbursed for travel expenses (airfare, lodging, rental cars, per diem) for personnel at documented costs plus markup (see item 1). 5). Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan- book/per-diem-rates/) plus applicable fees and taxes. As is the case with the Federal Travel Regulations, actual expense reimbursement is allowed when the lodging allowance is insufficient to meet the necessary expenses. 6). An optional methodology for lodging charges is to apply a lodging allowance as follows: Lodging may be charged at the average nightly rate of up to three hotels that house project personnel (BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50% of the average nightly rate per person will be charged for double occupancy. DOCUMENT DRYING AND RECOVERY SERVICES 2). Small Tools Charge: Items such as shovels, ladders, demolition carts, extension cords, small hand tools, etc..., which are provided by BELFOR but are not included in the Scheduled Equipment list will be charged at 3% of total labor charges for all hands-on personnel (EO, GL, LF, RT, RS, DTA, DC, DTL, DMT, DT, MT, PT, DP, CR, TN, TS, HT, HLT, HEO). Any specialty items purchased for a project may be charged as per Section IV. 3). The Safety Equipment Packages (Personal Protection Equipment - PPE, Personal Fall Protection - PFP, and Personal Respiratory Protection - PRP) are inclusive of the reusable components of each package as well as any training, medical, or certification expenses related to their use. They do not include the disposable items within the Scheduled Consumables list. 4). During the course of performance of the work BELFOR may add additional equipment to the schedule. SCHEDULED CONSUMABLES (see § III.I Itemized Scheduled Consumables) 3). National holidays recognized by BELFOR for rate (not payroll) purposes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. 1). Work performed under a particular contract that is subject to Federal and State wage and hour laws, prevailing wages, and/or collective bargaining agreements may require negotiated changes to the above stated rates. If necessary, adjustments will be made to the hourly rates and other labor provisions. 2). When circumstances beyond our control require BELFOR personnel to stand-by at the job site, a minimum stand-by charge of 6 hours at the regular hourly rate (no overtime) will be charged. 4). The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel, labor subcontractors, and subcontractors fulfilling any Labor Classifications. 5). If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%. CONSULTING EXPENSES SCHEDULED EQUIPMENT CHARGES (see § II.I Itemized Scheduled Equipment) 1). The Daily Rental Rate is charged for each calendar day equipment is utilized on a project, whether a partial day or complete day. LABOR CONSIDERATIONS v1-1 Rate and Materials (California)Page 2 of 4 BELFOR Initial:_________ Customer Initial:_________ Item 1E-202 CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022 § II.I EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS, VEHICLES, TRAILERS (rate does not include fuel) Air compressor, gas/electric Ea / Day 45.00$ BELFOR Command Center Ea / Day 605.00$ Air compressor, tow behind Ea / Day 143.00$ Mobile Office Ea / Day 79.00$ Air movers/carpet blowers Ea / Day 36.00$ Mobile Warehouse (Trailer Only)Ea / Day 188.00$ Octidry Bag or Direct it In (attachment)Ea / Day 36.00$ Trailer, Freezer Ea / Day 182.00$ Injectidry Unit Ea / Day 158.00$ Truck, Dump Service (Pickup Truck)Ea / Day 116.00$ Manometer Ea / Day 100.00$ Truck, Dump-Trip Charge Ea / Day 182.00$ Truck, Moving/Box/Board up Ea / Day 188.00$ BLAST/POWER WASH UNITS Truck (Cab) or Trailer (Flatbed, Transfer, etc)Ea / Day 151.00$ Blasting Unit, Agri/Soda Ea / Day 784.00$ Vehicle, Pickup, SUV or Car Ea / Day 84.00$ Dry Ice Blaster w/Accessories Ea / Day 1,178.00$ Vehicle, Truck 1 Ton 4x4 Lift gate Ea / Day 200.00$ Soda Blaster Ea / Day 1,169.00$ Vehicle, Van (1 per 10 Passenger or Cargo)Ea / Day 136.00$ Washer, High Pressure (cold)Ea / Day 121.00$ Washer, High Pressure (hot)Ea / Day 151.00$ DUMPSTERS & STORAGE Dumpster, 20 yd (max weight 4 Tons)Per Load 666.00$ CLEANING/VACUUMS/EXTRACTION Dumpster, 30 yd (max weight 6 Tons)Per Load 847.00$ Buffer, Floor Ea / Day 45.00$ Dumpster, 40 yd (max weight 8 Tons)Per Load 1,029.00$ Carpet Cleaning Machine Ea / Day 91.00$ BELFOR Pods 8'x7' 12' x 7'Per Month 285.00$ Dry Cleaning Unit (portable)Ea / Day 173.00$ BELFOR Pods (set up & breakdown)Per Pod 363.00$ Extraction Unit (portable)Ea / Day 188.00$ Storage Vaults Per Month 152.00$ Extraction Unit (Truck or Trailer mount)Ea / Day 680.00$ Floor cleaning system (walk behind)Ea / Day 287.00$ ELECTRONICS / MECHANICAL HEPA Filtration Unit / Air Scrubber Ea / Day 172.00$ Cart, Electronic Decontamination Ea / Day 76.00$ Ion Air Cleaning System Ea / Day 57.00$ Cleaning Room, HEPA filtered Ea / Day 1,184.00$ Steam Cleaner (Trailer)Ea / Day 294.00$ Crane, A-Frame (1 ton)Ea / Day 168.00$ Upholstery Machine/Lady Vac (steam cleaner)Ea / Day 76.00$ Crane, Overhead (2 Ton, monorail 38 feet)Ea / Day 935.00$ Vacuum, HEPA Ea / Day 110.00$ Decon Room Per Project 624.00$ Vacuum, Insulation Machine Ea / Day 109.00$ DI Water System Ea / Day 48.00$ Vacuum, Upright, Wet/Dry or Canister Ea / Day 42.00$ Documentation Kit (digital camera/photo printer)Ea / Day 84.00$ Zip Poles, Set of 6 Ea / Day 33.00$ Electrical Distribution (120 Amp Panel)Ea / Day 227.00$ Electrical Test Equipment (Megger, Hi-Pot, Grounding Cables)Ea / Day 498.00$ LIGHTS Electronic Dehumidification Unit/Heating (KHT)Ea / Day 272.00$ Light, Balloon Ea / Day 133.00$ Gas Detector, ATI PortaSens II Ea / Day 371.00$ Light, Tower Mobile (400 WT diesel)Ea / Day 188.00$ HEPA Filtered Hood Ea / Day 187.00$ Light, Wobble (37 inches)Ea / Day 53.00$ HEPA Water Displacement Unit Ea / Day 113.00$ Oven, Convection Drying (ULT)Ea / Day 529.00$ MISC.Oven, Vacuum Drying Ea / Day 754.00$ Heat Gun, Shrink Wrap Ea / Day 91.00$ Quality Control Kit, (scientific instruments)Ea / Day 227.00$ Ride on Flooring Stripper (includes blades)Ea / Day 1,452.00$ Reflectoquant Test Device Ea / Day 124.00$ Saw, Demo Ea / Day 129.00$ Sealer, Vacuum Ea / Day 330.00$ Saw, Kett Ea / Day 43.00$ Spray Booth with 2 sinks (portable)Ea / Day 227.00$ X-Ray Dryer Ea / Day 188.00$ Sprayer, Airless H.P. (Wagner)Ea / Day 99.00$ X-Ray Separation Tank Ea / Day 565.00$ Tool Handling Charge Per Project 561.00$ Ultrasonic Bath, Portable Ea / Day 393.00$ ODOR CONTROL/DISINFECTION Ultrasonic Bath, Bench Top Ea / Day 227.00$ Fogger, Commercial Ea / Day 136.00$ Ultrasonic Dip Line, Industrial Multi-step Ea / Day 4,072.00$ Fogger, ULV / Thermal (electric)Ea / Day 48.00$ Vacuum, Clean Room Ea / Day 187.00$ Ozone Generator Ea / Day 151.00$ Wet Bench (portable)Ea / Day 228.00$ Smoke Machines (small)Ea / Day 121.00$ Workstation (table, chair, lights, ESD)Ea / Day 30.00$ Vapor Shark Ea / Day 48.00$ ENVIRONMENTAL POWER Cascade Breathing Air System Ea / Day 206.00$ Electrical Distribution (Spider Box)Ea / Day 91.00$ Chemical Hose, Hazmat Ea / Day 274.00$ Generator (portable)Ea / Day 151.00$ Confined Space Entry System Ea / Day 250.00$ Decontamination Shower/Filter Ea / Day 175.00$ PUMPS Jerome Mercury Vapor Analyzer Ea / Day 306.00$ Pump, Sump / Flood Ea / Day 42.00$ Mini-Rae (PID)Ea / Day 218.00$ Pump, Trash with Hose, 2"Ea / Day 168.00$ MSA Passport (O2, LEL, CO, H2S)Ea / Day 250.00$ Personal Sample Pump Ea / Day 35.00$ DRYING/TEMP/HUMIDITY CONTROL Pump, Diaphragm 1", Hazmat Ea / Day 250.00$ Moisture Meter Ea / Day 25.00$ Pump, Diaphragm 2", Hazmat Ea / Day 374.00$ Camera, IR Ea / Day 28.00$ Self-Contained Breathing Apparatuses (SCBA-30Min)Ea / Day 175.00$ Dehumidification, Dehumidifier -100 to 140 AHAM Pints Ea / Day 165.00$ Self-Contained Breathing Apparatuses (SCBA-5Min)Ea / Day 138.00$ Dehumidification, Desiccant -500/600 cfm Ea / Day 491.00$ Trailer, Emergency Response, Hazmat Ea / Day 374.00$ Dehumidification, Desiccant -2000/2250 cfm Ea / Day 690.00$ Dehumidification, Desiccant -3500 cfm Ea / Day 1,216.00$ HVAC Dehumidification, Desiccant -5000-6000 cfm Ea / Day 1,647.00$ HVAC, High Volume Tornado System Ea / Day 116.00$ Dehumidification, Desiccant -10000 / 12000 cfm Ea / Day 2,587.00$ HVAC, Mobile Resource Unit Ea / Day 188.00$ Dehumidification, Desiccant -15000 cfm Ea / Day 4,440.00$ HVAC, Power and Manual Hand Tools PP/Day 31.00$ Dehumidification, Desiccant -25000 cfm Ea / Day 7,027.00$ HVAC, Rotary Brush Duct Cleaning System Ea / Day 55.00$ Dehumidification/Cooling -1 Ton Spot Cooler Ea / Day 196.00$ HVAC, Service Vehicle / Trailer Combo Ea / Day 151.00$ Dehumidification/Cooling -DX Unit -20 / 30 ton Ea / Day 1,568.00$ HVAC, High CFM HEPA Vacuum Collection System Ea / Day 237.00$ Dehumidification/Cooling -DX Unit -60 / 70 Ton Ea / Day 2,471.00$ HVAC Video / Tool Robotic Inspection System Ea / Day 611.00$ Dehumidification/Cooling - Chiller 100 to 400 Ton Ton / Day 32.00$ HVAC, Viper Duct Cleaning System Ea / Day 55.00$ Dehumidification, Heater -20 KW Ea / Day 194.00$ Dehumidification, Heater -50 KW Ea / Day 432.00$ SAFETY Dehumidification, Heater -100 KW Ea / Day 589.00$ Personal Fall Protection (PFP) PP / Day 10.00$ Dehumidification, Heater -150 KW Ea / Day 705.00$ Personal Protection Equipment (PPE)PP / Day 6.00$ Dehumidification, Heater, Indirect Fired up to 500,000btu + fuel Ea / Day 1,137.00$ Personal Respiratory Protection (PRP)PP / Day 10.00$ Heater, Electric -1500 watt Ea / Day 19.00$ Respirator, PAPR Ea / Day 100.00$ Heater, Propane/Torpedo-direct fired + fuel Ea / Day 67.00$ Electrostatic Sprayer Ea / Day 165.00$ ITEMIZED SCHEDULED EQUIPMENT 3 The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. v1-1 California Rate and Materials (Standard)Page 3 of 4 BELFOR Initial:_________ Customer Initial:_________Item 1E-203 CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022 § III.I CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE BAGS ELECTRONICS / MECHANICAL Bags, Environmental Trash Bags Ea.3.60$ BELFOR-AC 14 Alkaline Cleaner 14 Gal 41.00$ Bags, Insulation Machine (Vacuum)Ea.37.00$ BELFOR-AC 12 Alkaline Cleaner 12 Gal 56.00$ Bags, Trash (each)3 mil 1.00$ 6 mil 2.00$ BELFOR-CD 04-C Complex Deruster 04 C Gal 88.00$ CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal 139.00$ Disinfectant-Bioesque Gal 50.00$ BELFOR-EC 12 Electronics Cleaner Gal 36.00$ BELFOR-All Natural Citrus Solvent Cleaner Gal 41.00$ BELFOR-ESL Label Protection Lacquer Ounce 21.00$ BELFOR-All Purpose Cleaner Gal 13.00$ BELFOR-FC 10 Energized Cleaner Gal 999.00$ BELFOR-All Purpose Spotter Gal 28.00$ BELFOR-GC General Cleaner Gal 34.00$ BELFOR-Carpet Rinse & Neutralizer Gal 22.00$ BELFOR-HD 01 Hand Deruster 01 Gal 47.00$ BELFOR-CIF Citrofix Lemon Scent Ounce 1.20$ BELFOR-LP 40 Light Preserver 40 Gal 88.00$ BELFOR-Concentrated Odor Counteractant & Smoke Elim.Gal 37.00$ BELFOR-MPP Metal Polishing Paste Ounce 19.00$ BELFOR-Extra Duty Cleaner Degreaser Gal 21.00$ BELFOR-NC CR Neutral Cleaner CR Gal 149.00$ BELFOR-Glass Cleaner Gal 10.00$ BELFOR-NK One Step Cleaner and Preserver (electrical) Pint 15.00$ BELFOR-Hand Cleaning Wipes Tub 50.00$ BELFOR-OC24 Organic Cleaner 24 Gal 56.00$ BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal 37.00$ BELFOR-OC62 Organic Cleaner 62 Gal 39.00$ BELFOR-Multi-Purpose Restroom Cleaner Gal 17.00$ BELFOR-O-SW Oil Black (Elect. Contacts Only)Ounce 41.00$ BELFOR-Oil Preserver Gal 56.00$ BELFOR-PM Polish Milk Ounce 6.60$ BELFOR-Quarry & Hard Tile Cleaner Gal 21.00$ BELFOR-SD 02 Sulfide Defroster Gal 64.00$ BELFOR-Rug & Upholstery / Traffic & Bonnet Cleaner Gal 31.00$ BELFOR-WP Wax Preserver Gal 95.00$ Adhesive, Remover Can 18.00$ Nitric Acid, Ultra Pure Quart 187.00$ Alcohol, Isopropyl Gal 96.00$ Apron, Chemical Ea.6.60$ Blocks, Odor Counteractant Ea.9.00$ Arm Sleeves, Chemical Ea.4.80$ Boot Covers, Latex Per Pair 13.00$ Arsenic Test Kit Per Test 6.60$ Brush, Scrub Ea.14.00$ Bags, Anti Static Ea.4.80$ Brushes, Pipe Ea.37.00$ Brady Cards Ea.8.80$ Brushes, Wire Small 5.50$ Large 9.00$ Brush, Dispersion (Each)Small 5.50$ Large 17.00$ Cleaner, Stainless Steel Can 19.00$ Brush, Non Conduct Ea.13.00$ Disinfectant, Antimicrobial Gal 62.00$ Chloride Quick Test Strips Ea.1.50$ Fogger, Thermo Deodorizer Gal 43.00$ Cleaning / Decon Sticks Ea.1.70$ Mop Heads Ea.17.00$ Non-Conduct Scrubbers, Green (#7447)Box 34.00$ Pad, Floor Buffer Ea.15.00$ Non-Conduct Scrubbers, Maroon (#96)Box 95.00$ Pad, Foam Scrubbing Pak 63.00$ Non-Conduct Scrubbers, White (#98)Box 57.00$ Sponge, Particulate Removal (1.5"x3"x6")Ea.4.80$ Tape, Clean Room Roll 30.00$ Sponge, Particulate Removal (3/4"x3"x6") Ea.2.40$ Wipes, Lint Free Pak 43.00$ Steel wool Ea.1.30$ Wipes, Presaturated IPA/DI Pak 25.00$ Thinner, Paint/Mineral Spirits Gal 28.00$ Wipes, Standard Clean Room Pak 35.00$ Vapor Shark Membrane Ea.64.00$ Wipes, Ultra Clean Room Pak 75.00$ Wipes, Cotton Cloth/Workshop Rags Lb.6.60$ Wipes, Wipe All Pak 15.00$ ENVIRONMENTAL Asbestos Glove Bag Ea.41.00$ CONTENTS/PACK-OUT/STORAGE Breathing Air, Type K Bottle Ea.67.00$ BELFOR-Fabric Protector Gal 48.00$ Cartridge, MSA Combination Ea.20.00$ BELFOR-Lemon Oil Furniture Polish Gal 6.60$ Protective Suits (Acid)Ea.102.00$ BELFOR-Liquid Laundry Detergent Gal 21.00$ Protective Suits (Level A, fully encapsulating)Ea.1,901.00$ BELFOR-Premium Dish Detergent Quart 7.70$ Protective Suits (PolyPro Asbestos)Ea.10.00$ Boxes, Book Ea.6.60$ Protective Suits (Saranex Chemical)Ea.37.00$ Boxes, Dish Pack Ea.7.70$ Sorbent Boom Ea.81.00$ Boxes, Slip Covers Ea.3.60$ Sorbent Pad Ea. 11.50$ Bale 122.00$ Boxes, Wardrobe/Specialty Ea.43.00$ Sorbent Pillows Ea.31.00$ Cloths, Masslinn Ea.1.70$ DRUMS 15g 30g 55g Foam Blocks Ea.1.70$ Drum, Poly Closed Top Ea.51.00$ 60.00$ 85.00$ Inventory Tags Ea.1.70$ Drum, Poly Open Top Ea.55.00$ 65.00$ 92.00$ Tape, Poly Box Roll 3.60$ Drum, Steel Closed Top Ea.40.00$ 48.00$ 67.00$ Wrap, Bubble/Anti Static Roll 102.00$ Drum, Steel Open Top Ea.44.00$ 57.00$ 81.00$ Wrap, Stretch Roll 72.00$ Drum, Steel Salvage, 85 Gallon Ea.185.00$ Drum, Poly Overpack, 95 Gallon Ea.283.00$ FILTERS Drum, Steel Overpack, 110 Gallon Ea.555.00$ Filter, Charcoal (Carbon Activated)Ea.79.00$ Filter, HEPA Ea.279.00$ HVAC Filter, Pleated Ea.25.00$ HVAC Air Blast Nozzle, Replacement Ea.61.00$ Filter, Poly (Secondary) Ea.8.80$ HVAC Air Whip, Multi Head, Replacement Ea.79.00$ HVAC BBJ Freshduct / Microbiocide 15oz 61.00$ SHEETING/PLASTIC/FLOOR PROTECTION HVAC Cleaner Degreaser Gal 21.00$ Duct, Lay Flat (500') with hog rings Roll 565.00$ HVAC Closed Cell Foam Insulation Tape 1/8"x2"x30'Roll 30.00$ Plastic Sheeting, 1.5 mil (24 x 200)Roll 53.00$ HVAC Coil Cleaner Gal 58.00$ Plastic Sheeting, 3 mil (20 x 100) Roll 66.00$ HVAC Collection Machine Filters (Pleated & Bag)Ea.70.00$ Plastic Sheeting, 6 mil (20 x 100)Roll 99.00$ HVAC Collection Machine HEPA Filter Ea.411.00$ Plastic Sheeting, 6 mil-Fire Retardant / Anti Static (20 x 100)Roll 386.00$ HVAC Duct Liner 1" - 3'x100'Roll 484.00$ Plastic Sheeting, 6 mil-Fire Retardant-Black (20 x 100)Roll 479.00$ HVAC Duct Mastic Gal 35.00$ Plastic Sheeting, Carpet Protector Roll 99.00$ HVAC Encapsulant, Antimicrobial (Foster)Gal 99.00$ Ram Board, (38" X 100')Roll 185.00$ HVAC Fiberlock Gal 87.00$ Red Rosin Paper (200 ft. roll)Roll 30.00$ HVAC HEPA Vac Collection Bag & Filter Protector Ea.12.00$ Scrim-Fire Rated (60'x100')Roll 2,988.00$ HVAC HEPA Vac Filters (Dacron Filter Bag & Impaction)Ea.73.00$ Sticky Mat (26"x32")Ea.108.00$ HVAC HEPA Vac HEPA Filter Ea.345.00$ HVAC Propane Fill Charge Cylinder 55.00$ SHRINK WRAP HVAC Rotary Brush Head, Replacement Ea.139.00$ Strapping, Woven HD LF 0.15$ HVAC Rotary Brush System, Replacement Core Ea.48.00$ Tape, Heat Shrink 2"Roll 20.00$ HVAC Sheetmetal Blank Ea.21.00$ Tape, Heat Shrink 4"Roll 40.00$ HVAC Sheetmetal Screw Box 100 26.00$ Tape, Heat Shrink 6"Roll 59.00$ HVAC Spray Adhesive Can 29.00$ Wrap, Shrink, 7 mil (45' x 145")Roll 987.00$ HVAC Unibit Ea.99.00$ Wrap, Shrink, 12 mil (32' x 180")Roll 1,834.00$ HVAC Vacuum Brush Head - Replacement Ea.29.00$ TAPE/ADHESIVE SAFETY Adhesive, Spray Can 9.00$ Boots, Chemical PVC Per Pair 55.00$ Tape, 2-way (2" x 60')Roll 36.00$ Dust Mask Ea.2.40$ Tape, Barricade-Banner Guard (Caution, Danger, etc…)Roll 34.00$ Gloves, Cotton (includes liners)Per Pair 2.80$ Tape, Duct (2"x 60')Roll 9.00$ Gloves, Latex (Surgical)Box 100 50.00$ Tape, Global Roll 30.00$ Gloves, Leather Per Pair 9.90$ Tape, Painters-blue/red Roll 10.00$ Gloves, Nitrile Per Pair 9.40$ Gloves, Nylon Inspection Per Pair 0.60$ MISC Protective Suits (Tyvek)Ea.33.00$ Disposable Decontamination Unit Ea.504.00$ Respirator, N95 Ea.13.00$ Encapsulant, Antifungicidal Gal 99.00$ Respirator, P100 Ea.13.00$ Encapsulant, Antimicrobial (Zinsser)Gal 91.00$ Respirator, HEPA + Particulate Replacement Filter Ea.44.00$ Encapsulant, Soot Gal 53.00$ Respirator, HEPA Replacement Pancake Filter Ea.10.00$ Fasteners, Misc / Lock & Hasp Ea.36.00$ Floor Dry (40#)Bag 19.00$ Lock Box Ea.55.00$ Soda, Soda Blaster Material Bag 43.00$ Zipper (containment)Ea.14.00$ ITEMIZED SCHEDULED CONSUMABLES 3 The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. v1-1 California Rate and Materials (Standard)Page 4 of 4 BELFOR Initial:_________ Customer Initial:_________ Item 1E-204 Jeff Gildner GENERAL MANAGER Jeff Gildner began his career at BELFOR in 2013, serving as both a Project Manager and a Senior Estimator. He was promoted in 2019 to General Manager of the BELFOR Riverside office. He brings over 30 years of experience within the restoration and construction industry. During this time, he has provided operations and sales support and middle and upper management for a variety of restoration projects. This wealth of experience allows Jeff to approach high pressure scenarios with a cool head and strive for a quick resolution through communication and leadership skills. LICENSES AND CERTIFICATIONS »IICRC WRT »IICRC AMRT »Asbestos Building Inspector »ASHE (American Society of Healthcare Engineers) »HIC (Hospital Construction) »Insurance Subrogation 1 and 2 »OSHA - 10 Hour NOTABLE PROJECT EXPERIENCE »Desert Regional Medical Center – Water damage from a 4-inch water supply caused extensive damage on five floors, 78 patient rooms, 16 corridors, 16 ICU rooms, and the basement. Jeff performed the estimating, project management, and daily operations of the project. He also supervised the removal and replacement of the affected wet building materials in 31 days. He and his team dedicated 24 hours a day, seven days a week, until the project was completed. AREA-WIDE CATASTROPHE EXPERIENCE »Hurricane Iniki - Kauai, HI »Hurricane Mitch - Puerto Rico »Northridge Earthquake - Los Angeles, CA Item 1E-205 Cindy Helmstead ACCOUNT MANAGER Cindy Helmstead has been the Account Manager for the Southern California area since 2018, and she has over 30 years of experience in the restoration and construction industry. As an Account Manager for BELFOR, she is responsible for consulting with her clients on their emergency response plans to ensure that no legal, insurance, or logistical issues will delay immediate response and mitigation efforts. Cindy has been an integral part of searching for and winning multiple city, county, and municipal RFP contracts for the Riverside and San Bernardino region. She maintains excellent support and communication between our customers and our BELFOR Teams. She also began utilizing her years of experience in the Sales and Marketing arena to train new BELFOR Employees and has been tapped to be the Western Region Corporate Sales Trainer. Prior to working with BELFOR, Cindy worked in account management and sales for other restoration companies in the area, including American Technologies, Inc., Total Contentz, and Willamette Valley Restoration. Throughout her career, she has gained training and expertise in all areas of the industry. EDUCATION »Cindy has attended numerous education seminars and training in marketing as well as content restoration. Additionally, she received her principal real estate broker’s license as well as a notary public license. Item 1E-206 Eduardo “Lalo” Almeida PROJECT MANAGER Lalo began his career at BELFOR in 2008 and has served as a Project Manager. Prior to joining BELFOR, Lalo was an Operations Manager for eight years. With over 20 years of experience in the restoration and construction industry, he has successfully managed a variety of large loss projects from initial assessment to the final restoration. LICENSES AND CERTIFICATIONS » Fire and Smoke Restoration » Water Damage Restoration » HCC (Health Care Construction Certificate) NOTABLE PROJECT EXPERIENCE » Monte Carlo Casino, Las Vegas, NV - Water Loss Restoration » Paramount Theater, City of Cedar Rapids, IA » Getty Museum, Los Angeles, CA - Cleaning of an ancient collection AREA-WIDE CATASTROPHE EXPERIENCE » Chilean Earthquake in 2010 » Super Storm Sandy in 2012 » Iowa Flood in 2008 Item 1E-207 Mike Magnone PROJECT SUPERVISOR / MANAGER Mike Magnone began his career at BELFOR in 2011, serving as a Project Manager as well as an Estimator before moving to his current position as Project Manager / Supervisor. Prior to joining BELFOR, Mike worked as a Project Supervisor for a concrete company and executed several contracts for 3M. He also worked as a Project Supervisor for a structural steel fabricator and erector for large hospitals and medical complexes. Mike’s impressive 40 years of experience in construction and restoration is evident in his superior project planning, permit processing, and customer communication skills. NOTABLE PROJECT EXPERIENCE » Meadow Bay, Lake Arrowhead Multi-family ground up project – Responsible for the planning process and all permit application processes. » Fire Restoration of Single Family Dwellings » Multi-story Steel Fabrication and Erection Item 1E-208 Suraj Lutchmansingh SENIOR ESTIMATOR Suraj Lutchmansingh is a Senior Estimator and has worked with BELFOR for five years. With 24 years of experience in the restoration industry he is highly skilled in a number of different remediation and restoration techniques. Suraj also understands the importance of delivering consistent positive client communications, having owned his restoration company for 16 years. His extensive experience includes a recent challenging remediation project that he estimated and performed for Riverside University Health System. Suraj’s experience encompasses all aspects of what we do at BELFOR, including restoration at hotels, multifamily residences, and mold remediation projects. LICENSES AND CERTIFICATIONS »Fire and Smoke Restoration »Water Damage Restoration »Odor Remediation »Licensed General Contractor NOTABLE PROJECT EXPERIENCE »Riverside University Health System AREA-WIDE CATASTROPHE EXPERIENCE »Hurricane Katrina Item 1E-209 Michael Todd ESTIMATOR Michael has been with BELFOR for one year but brings over 25 years of experience in the restoration and construction industry. Being self-employed for 25 years, Michael brings leadership and extensive knowledge to his role as Estimator. As owner of his own company, Michael was responsible for acquiring work, scheduling, hiring and training employees. He focused on meeting and exceeding customer satisfaction as a key measurement in growing his company. Michael has over 40 years of hands-on experience in many aspects of construction, driving his attention to detail and also the big-picture view required of successful Estimators. » Accountable for estimating, managing contracts, budget management and project management of single family home construction. Highly skilled in initiating daily communication with the Construction Superintendent to drive scheduling of crews and change orders to complete jobs on time and on budget. NOTABLE PROJECT EXPERIENCE Item 1E-210 Justin Howard ESTIMATOR Justin has been with BELFOR for two years but brings over 14 years of experience in the restoration and construction industry. He has worked for other such companies in a variety of capacities, including: Technician, Crew Chief, Mitigation Project Manager, Mitigation Estimator, and Reconstruction Estimator/Project Manager. Justin’s well-rounded experience enables him to understand the details of each project and communicate those to the customer clearly. In addition, Justin is also cross trained in all aspects of Mitigation and Remediation, further enriching his role as Estimator. LICENSES AND CERTIFICATIONS »IICRC WRT » Lead safe certified » INTERNACHI certified AREA-WIDE CATASTROPHE EXPERIENCE » Hurricane Ike 2008 Item 1E-211 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this 12TH day of JANUARY, 2023 by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) BELFOR USA GROUP, a CORPORATION, with its principal place of business at 3443 DURAHART AVENUE, RIVERSIDE, CALIFORNIA 92507 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2.RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor (“Task Order”).. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as- needed basis. There is no guarantee of any of work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference and in the individual Task Orders issued by the City. No Services shall be performed unless authorized by this Agreement and by a fully executed Task Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed in accordance with, this Agreement, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from JANUARY 12, 2023 to JUNE 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than TWO additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each Item 1E-212 individual Task Order issued by the City. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in each Task Order Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates RANDY CHAVEZ, COMMUNITY SERVICES MANAGER, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates CINDY HELMSTEAD, ACCOUNT MANAGER, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Item 1E-213 Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above, and shall meet any other established schedules and deadlines set forth in the Task Order(s) (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement or any Task Order(s), or which may be provided separately in writing to the Contractor. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Item 1E-214 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each Item 1E-215 accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. (G) Reserved. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Item 1E-216 (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Item 1E-217 (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Item 1E-218 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Item 1E-219 Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities directly related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance Item 1E-220 of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) per fiscal year without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. Item 1E-221 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. Item 1E-222 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: BELFOR USA GROUP 3443 DURAHART AVENUE RIVERSIDE, CA 92507 Attn: Cindy Helmstead, Account Manager City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Community Services Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or Item 1E-223 equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project this Agreement or any Task Order, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, Item 1E-224 hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Item 1E-225 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Reserved. [SIGNATURES ON NEXT PAGE] Item 1E-226 SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND BELFOR USA GROUP IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney BELFOR USA GROUP By: Its: CONTROLLER_________________________ Printed Name: Paul Suchowski _____________________ By: Its: GENERAL COUNSEL ___________________ Printed Name: Rachel Manos _____________________ _______________ James Claborn Attorney ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Item 1E-227 EXHIBIT “A” SCOPE OF SERVICES PALM DESERT FACILITIES IMPROVEMENT PROJECT SCOPE OF SERVICES 1. SCOPE OF WORK The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications. This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below. 2. LOCATION OF WORK • City Hall Building, 73-510 Fred Waring Drive • Community Center (Henderson), 72559 Highway 111 • Corporation Yard, 74705 42nd Avenue • Portola Community Center, 45480 Portola Avenue • Palm Desert Sheriff Substation, 73520 Fred Waring Drive • Parkview Office Complex, 73710 Fred Waring Drive • State Building, 73-720 Fred Waring Drive • iHUB, 37023 Cook Street, Suite 102 • Fire stations o Fire Station No. 33, 44400 Towne Center Way o Fire Station No. 67, 73200 Mesa View Drive o Fire Station No. 71, 73995 Country Club Drive • Aquatic Center, 73751 Magnesia Falls Drive • Parks buildings o Cahuilla Hills Park, 45825 Edgehill Drive o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd o Civic Center Park, 43900 San Pablo Ave o Freedom Park, 77400 Country Club Dr o Hovley Soccer Park, 74735 Hovley Lane o Ironwood Park, 47800 Chia Drive o Joe Mann Park, 77810 California Drive o Magnesia Falls City Park, 74200 Rutledge Way o Palma Village Park, 44550 San Carlos Ave o University Park East, 74902 University Park Drive o University Dog Park, 74802 University Park Drive o Washington Charter School Park, 45768 Portola Avenue The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique Item 1E-228 maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and safe use of the facility and continues the City’s prominence as a world-class municipality for the enjoyment of the community. 3. GENERAL SERVICES TO BE PERFORMED Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff. 3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include: • Site locations visited and address • Contractor representative and contact information • Date and time of visit • Prioritized list of areas recommended for maintenance projects • Descriptions of maintenance projects • Estimated cost to complete each maintenance project • Photos 3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to: • Framing • Drywall • Painting • Concrete • Carpentry • Audio/Visual & Security • Welding • Flooring • Fixtures • Plumbing 3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades. 3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a Item 1E-229 different piece of equipment. 3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance. Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work. 3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walk- through inspection of the contract area. 3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better. 3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance. 3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better. 3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc. 3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal. The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract. Item 1E-230 4. MAINTENANCE PROJECTS Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated. 4.1 No work will be initiated without an approved City of Palm Desert Work Order. 4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope and cost of the project. 4.3 The Contractor will provide an estimated timeline for project milestones and completion. 5. PAYMENT Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed: 5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities. 5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole. 5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted. 5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement. Item 1E-231 EXHIBIT “B” SAMPLE TASK ORDER FORM Task Order No. ______ Agreement: MAINTENANCE SERVICES AGREEMENT Contractor: BELFOR USA GROUP The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above: List any attachments: Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___ The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF PALM DESERT BELFOR USA GROUP Dated: Dated: By: By: Item 1E-232 EXHIBIT “C” COMPENSATION In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, to be consistent with Contractor’s then current rate and material schedule. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows: [SEE ATTACHED PROPOSAL FEE SCHEDULE] Item 1E-233 EXHIBIT “D” SPECIAL PROVISIONS 1. PRE-COMMENCEMENT CONFERENCE A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or superintendent assigned by the Contractor for this project shall be present at the Pre- commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for submission and review at the pre-commencement meeting. The discussion shall include but not be limited to: project supervision; progress schedules and reports; payments to Contractor; safety; and other anticipated issues pertinent to the contract. At this conference, the Contractor shall designate, in writing, a representative who shall have authority to act for the Contractor. An alternate representative may be designated. The representative or alternate shall be available whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. Those attending the meeting shall include, but not be limited to the following: 1. Contractor 2. City of Palm Desert Deputy Director of Public Works 3. City of Palm Desert Project Manager 4. City of Palm Desert Public Works Staff 5. Pertinent Subcontractor(s) 2. PUBLIC CONVENIENCE The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under active maintenance no greater length or amount of work then can be prosecuted properly with due regard to the rights of the public. Contractor must obey Housing directives. Paths of travel must be maintained free of obstructions and hazardous conditions when contractor is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel, the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. 3. HOURS OF WORK Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the established hours of operation under this contract: May 1 through September 30 Item 1E-234 • Weekdays (MTWTF): 5:30 AM to 7:00 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work October 1 through April 30 • Weekdays (MTWTF): 7:00 AM to 5:30 PM • Weekends (Saturday): *8:00 AM to 5:00 PM • Weekends (Sunday): No Work • Government Code Holidays: No Work *Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent. Work is not permitted on Sundays and during City of Palm Desert holidays. Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by City of Palm Desert is not held to these restrictions.) 4. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. 5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS The Contractor shall be responsible for all damages to persons or property that occurs as a result of the work. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City of Palm Desert. All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where work is being performed. Contractor shall erect and properly always maintain, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. Contractor shall remove at its own expense all rubbish and waste materials resulting from its operations, including material that is replaced, packaging material, and other debris generated. If on private property, Contractor must obtain permission from the property owner prior to removing debris. All debris must be removed before the end of the day unless otherwise directed by City of Palm Desert or City of Palm Desert’s agent. Item 1E-235 6. CHANGES IN THE WORK Contractor shall make no changes in the work without written direction from City of Palm Desert. Contractor shall not be compensated for any change made without City of Palm Desert’s written direction. No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. All such changes in the work authorized by change order shall be performed under the applicable conditions of the Contract Documents. Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) days of discovery of the facts giving rise to the proposed change order. 7. CLAIMS The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the City of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City of Palm Desert to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City of Palm Desert shall be considered as a payment made under the Contract Documents by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the Contractor for any such payment made in good faith. 8. DISPUTE RESOLUTION Notwithstanding any other provision herein, provisions and procedures in this Section, claims of $375,000 or less shall be resolved pursuant to the procedures set forth in California Public Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a lawsuit against the City of Palm Desert. 9. PROJECT SAFETY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the project and all other persons who may be affected thereby; 2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub-Subcontractors; Item 1E-236 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacturer. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the City of Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting signs and other warnings against hazards, promulgating safety regulations and notifying park users that repairs are being made. The Contractor shall use proper safety signing and barricading as defined by ASTM 1487 and best practices The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. The Contractor shall take all necessary precautions to protect the public from the hazards of open excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress. High visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced. Contractor shall ensure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used on the project shall also be identified, at a minimum, with the company name adequately displayed on the vehicles. All safety devices and all guards for equipment shall be in place and in proper working order during equipment use. No safety device or guards shall be removed, modified or altered in any way, except in strict accordance with the manufacturer’s recommendation. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Project Manager immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to City of Palm Desert. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human Item 1E-237 life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. 10. WORK AREA APPEARANCE The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris developed during maintenance operations shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left unattended in parking areas without express permission from the City of Palm Desert. No tarps shall be permitted in any area overnight. 11. CLEANUP AND RESTORATION OF SURFACES The Contractor shall, as directed by the Project Manager, remove from all public and private property, at its own expense, all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor. All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after operations, be restored to a condition at least equal to that which existed prior to landscape maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor’s operations in the course of work. 12. RECYCLING SPECIFICATIONS Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted and County-licensed, diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock. Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill. Contractor shall include the costs for the diversion of the above-listed materials in its bid for the job. All other debris generated that is beyond the scope of normal and routine maintenance shall be paid as an extra. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state, Item 1E-238 federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site. Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e. corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City or City of Palm Desert green waste. Said products shall be approved by the Project Manager or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 13. PERMITS AND LICENSES a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the City, City of Palm Desert, and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all subcontractors shall be required to have a City of Palm Desert Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the price and no additional compensation will be allowed therefor. c. Fees: Contractor shall be responsible for all inspection and permit fees required by agencies (other than the City of Palm Desert, Public Works Department) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the lump sum contract bid price and no additional compensation will be allowed therefor. 14. POTHOLING Prior to commencement of any structure replacement, Contractor shall physically locate, verifying horizontal and vertical locations, and map existing underground facilities within the work area that are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall protect all such facilities from damage due to construction activities for the duration of the project. Contractor shall deliver a plan with the location of each potholed utility to the Project Manager. Repair of damage to such facilities shall be at the Contractor's expense and shall be considered as integral to this item of work. Contractor shall be responsible for following all applicable rules and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost for potholing shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor. 15. RELOCATION In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it shall be the responsibility of the Contractor, The Contractor shall restore the service connections Item 1E-239 as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the lump sum contract bid price, and no additional compensation will be allowed therefor. 16. SURPLUS MATERIALS All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or other deleterious material shall become the property of the Contractor. Surplus material encountered in a manner not associated with regular on-going maintenance activities shall be subject to removal at time and material basis upon approval by the City of Palm Desert. Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and shall be considered as included in the lump sum contract bid price for and no additional compensation will be made therefor. 17. INSPECTION OF THE WORK There will be inspection of this work to ensure strict adherence to the specifications and work schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the City of Palm Desert should any deviation of said work schedule become necessary. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the City of Palm Desert. 18. PROTECTION OF PUBLIC The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of their maintenance operations. Unusual conditions may arise during the scope of work, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City of Palm Desert may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable and necessary. Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent. Item 1E-240 The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation 19. TRAFFIC CONTROL Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply all delineation, signing and clothing as required by the State of California Department of Transportation. Contractor shall provide and maintain work zone traffic control devices at all times in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers, cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III. When required by the City of Palm Desert’s Representative or when maintenance activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the City. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Inspector. A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during maintenance operations. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the City Project Manager is obtained. If the closing or opening of a street (either partially or fully) within the City is approved by Project Manager, Contractor shall notify the City Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the scheduled closing or opening. A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be maintained free of hazardous conditions. The immediate area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the work area at all times. At no time is any business or residence to be without access unless otherwise approved by Project Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48) hours in advance of construction activities. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the course of their work. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the City Project Manager, shall be considered as included in the in the contract bid price, and no additional compensation will be made therefor. 20. DUST CONTROL/AIR CONTAMINANTS Item 1E-241 The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of “dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the life of the contract, and special attention shall be given to areas during over-seeding operation. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm Desert. Payment for maintaining dust control and air contaminates within the project area shall be included in the lump sum contract proposal price, and no additional compensation will be allowed therefor. 21. WATER Water shall not be taken from any commercial or residential systems without the express written consent of the owner. 22. MEASUREMENT AND PAYMENT City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to subtract an associated amount form the billing. Since it is difficult to quantify and assess a value to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies: 1. Failure to comply with Contract Documents. 2. Failure to comply in a timely manner with contractually legitimate requests made by City of Palm Desert. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm Desert, City of Palm Desert many choose to obtain the services of a separate maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor. Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall submit invoices within 30 days after completion of work. Invoices shall include the contract number, location, name of work requester, and payment terms of NET 45. Contractor shall submit monthly Statements for invoices generated during the previous month and note outstanding invoices. Item 1E-242 23. VEHICLES ON SIDEWALK AND TURF Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval. 24. REFUSE DISPOSAL All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense. Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. 25. GREEN WASTE Contractor shall remove all green waste generated from maintenance operations on a daily basis. No green waste will be allowed to remain on site after work hours. Disposal of green waste shall not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation Yard or satellite yards), or in any park refuse container unless other arrangements have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in the execution of the landscape maintenance contract, it must be from a facility that receives and composts City of Palm Desert green waste. Said products shall be approved by the City of Palm Desert or his designee before use. Contractor shall submit verification of green waste disposal in the Green Waste Monthly Report. 26. SCHEDULES At the pre-commencement conference, Contractor and City of Palm Desert staff will review the Work requirements and Contractor will formulate a priority list and submit to City for review. Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30) days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule for approval. 27. LICENSE AND CERTIFICATION REQUIREMENTS Contractor shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of chemicals. Contractor assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with governmental regulations and industry standards for their safe and appropriate use. At the time that the Proposal is submitted, Contractor shall possess current licensure and certification as follows, and the same shall be maintained current and valid for the term of the contract: Class B Contractor License; and specialized Class C licenses as needed. Item 1E-243 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to BELFOR USA GROUP, (hereinafter referred to as the “Contractor”) an agreement for FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, BELFOR USA GROUP, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS, ($750,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Item 1E-244 (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 1E-245 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 1E-246 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 1E-247 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 1E-248 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed JANUARY 12, 2023 has awarded to BELFOR USA GROUP hereinafter designated as the “Principal,” a contract for the work described as follows: FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated JANUARY 12, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and Item 1E-249 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 1E-250 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 1E-251 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 1E-252 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 1E-253 [This page has intentionally been left blank.] Item 1E-254 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 1E-255 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 1E-256 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 1E-257 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 1E-258 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 1E-259 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 1E-260 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C41370 WITH PALMER ELECTRIC, INC., FOR ADDITIONAL ON-CALL ELECTRICAL SERVICES IN THE AMOUNT OF $50,000 (PROJECT NO. 928-21) RECOMMENDATION: 1. Approve Change Order No. 2 to Contract No. C41370 with Palmer Electric, Inc. for additional on-call electrical services during FY 2022/23 in the amount of $50,000 for a total annual amount of $225,000. 2. Approve Amendment No. 1 to Contract No. C41370 with Palmer Electric, Inc. for a one-year extension in an annual amount not to exceed $225,000. 3. Authorize the City Manager or designee to review and execute additional change orders for unanticipated conditions per Section 3.30.170 Section A of Ordinance No. 1335. BACKGROUND/ANALYSIS: The City experiences a variety of electrical issues over the course of a year which necessitates the need for on-call electrical services. These services include, but are not limited to, repairs/replacement of energy-consuming bulbs to light emitting diode (LED) fixtures in medians/parks/parking lots, vandalism to existing lights such as ground lights, installation of new electrical panels and conduit, and troubleshooting other electrical problems. Project Description: City staff has increased the use of this contract to address deferred maintenance needs and to take on new projects. Specifically, a new storage container with lighting and HVAC was added to the Palm Desert Aquatic Center, new light bollards were installed at the Civic Center Park baseball fields, and restroom lighting was upgraded at several parks this year. In addition, Public Works will be assisting the Palm Desert Housing Authority in providing an expedited response to electrical needs in property management. Costs to complete these projects have also increased due to inflation on goods, product availability, and labor costs. Palmer Electric has provided an updated fee schedule for Fiscal Year 2023/24 (Attachment 4). The proposed increase to the annual contract amount will provide for an increased scope of services for various energy-efficient upgrades at locations throughout the City. 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 $50,000 in funding, increasing the contract amount from $175,000 to $225,000 annually. Item 1F-1 City of Palm Desert Change Order No. 2 To C41370 with Palmer Electric Page 2 of 2 In addition, Staff recommend executing the first of three, one-year contract extensions available under Contract No. C41370. Palmer Electric, Inc. has been an exceptional contractor by responding quickly and efficiently to requests for service. FINANCIAL IMPACT: The approved Public Works Operations Budget for Fiscal Year 2022-23 includes $175,000 exclusively for on-call electrical services. Following this approval, the contract amount for FY 22/23 will total $225,000. The increase per account is not significant; therefore, staff expect to offset the additional cost with savings from other operational accounts and request no appropriation at this time. The proposed Public Works budget for Fiscal Year 2023-24 includes a total of $263,000 for on- call electrical services. Following this approval, Amendment No. 1 to the contract will total $225,000; therefore, there will be no additional financial impact on the general fund if the budget is approved. The following is the breakdown of the requested budget for each account; however, this does not necessarily mean the full amount will be allocated to each account nor that the full amount will be spent: Account No. Description FY 23/24 Budget 1104610-4332100 Civic Center Park $45,000 1104610-4337100 Tri-Cities Sports Fields $10,000 1104611-4332501 Parks $53,000 1104614-4337001 Medians $30,000 1104614-4392101 Entrada Del Paseo $25,000 2424549-4331101 Aquatic Center $35,000 4414195-4332000 Desert Willow $10,000 5104195- Government Buildings $55,000 TOTAL $263,000 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Change Order No. 2 2.C41370 Amendment No. 1 3. C41370 - Executed Agreement 4.Palmer Electric FY 23-24 Rates Item 1F-2 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 1F-3 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 1F-4 Contract No. C41370 Page 1 of 3 AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND L. PALMER ELECTRIC, INC. 1. Parties and Date. This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as of this 27th day of April 2023, by and between the City of Palm Desert (“City”) and L. Palmer Electric, Inc., a Corporation, with its principal place of business at 42215 Washington Street, Suite A304, Palm Desert, California, 92211] (“Contractor”). City and L. Palmer Electric, Inc. 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 “Maintenance Services Agreement” dated APRIL 22, 2021 (“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide On-Call Electrical Services for Park and Landscape Facilities Project. 2.2 Amendment. The City and Contractor desire to amend the Agreement to extend the Agreement term by one year. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 of the Agreement. 3. Terms. 3.1 Term. Section 3.1.2 and 3.3.1 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, 2023, to June 30, 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 three (3) additional one- year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3. 3. 1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Twenty-Five Thousand Dollars and 00/ 100 ($225,000.00) annually without written approval of the City Council or City Manager, as applicable. 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 1F-5 Contract No. C41370 Page 2 of 3 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Item 1F-6 Contract No. C41370 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND L. PALMER ELECTRIC, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the MAINTENANCE 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 L. PALMER ELECTRIC, INC. By: Its: President Printed Name: Larry Palmer By: Its: Secretary Printed Name: Larry Palmer QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1F-7 CITY OF PDLMO[S[RT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 3 46-061 1 info(' citvofpalmdesert.org August 20, 2021 L. Palmer Electric, Inc. 42215 Washington Street, Suite A305 Palm Desert, California 92211 Dear Sir or Madam: Subject: Contract No. C41370 - On -call Electrical Services at Park and Landscape Facilities (Proiect No. 928-211 At its regular meeting of April 22, 2021, the Palm Desert City Council, by Minute Motion: 1) Awarded contract for On -call Electrical Services for Park and Landscape Facilities to L. Palmer Electric, Inc., Palm Desert, California, in an amount not to exceed $125,000 annually for a period of twenty-four (24) months; 2) authorized the Mayor to execute the agreement; 3) authorized the City Manager to approve change orders associated with this contract and up to three (3) one-year contract extension based on staff's recommendations. Enclosed is a fully executed copy of the Maintenance Services Agreement for your records. If you have questions or require additional information, please do not hesitate to contact us. Sincerely, 7 NORMA I. ALLEY, MMC CITY CLERK NIA/mgs Enclosure (as noted) cc/enc: Andy Firestine, Assistant City Manager G\CityClrk\Glona Sanchez\LETTERS138 - Contracts1C41370 Executed doc PRINTED OR REARttMO PAPER Item 1F-8 CONTRACT NO. C41370 CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT CONTRACT NO, C41370 1. PARTIES AND DATE. This Agreement is made and entered into this 22"d day of April, 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 L. Palmer Electric, Inc., a Corporation with its principal place of business at 42215 Washington Street Suite A305, Palm Desert, California, 92211 ("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 On -Call Electrical Services for Park and Landscape Facilities 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, 2021 to 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 three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3 Revised 11-2-20 B B K 72500 00001132374943.1 1- Item 1F-9 CONTRACT NO. C41370 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 Reauirements. 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, Landscape Supervisor, 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 Larry Palmer, 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 Revised 11-2-20 BBK 72500.00001\32374943 1 2- Item 1F-10 CONTRACT NO. C41370 throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3. 2. 8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3. 2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations: Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility: Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Revised 11-2-20 BBK 72500.00001\32374943 1 3- Item 1F-11 CONTRACT NO. C41370 3. 2.10.3 Eaual Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3. 2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Reauirements. 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO insured contract" language will not be accepted. B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each Revised 11-2-20 BBK 72500 00001 \32374943 1 4- Item 1F-12 CONTRACT NO. C41370 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; reimbursement; policies; and primary policies. b) Pay on behalf of wording as opposed to c) Concurrency of effective dates with primary d) Policies shall "follow form" to the underlying e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. D) Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.2.11.2 Other Provisions and Requirements. A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B) Duration of Coveraae. 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. Revised 11- 2-20 BBK 72500 00001\32374943 1 5- Item 1F-13 CONTRACT NO. C41370 C) Primarv/Non-Contributinq. 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) Citv's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Revised 11-2-20 BBK 72500 00001132374943 1 6 - Item 1F-14 CONTRACT NO. C41370 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 Coveraae 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) Citv'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. 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. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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 Revised 11-2-20 BBK 72500 00001132374943.1 7- Item 1F-15 CONTRACT NO. C41370 equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3. 2.13 Bonds. 3. 2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 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 Revised 11-2-20 BBK 72500 00001132374943.1 8- Item 1F-16 CONTRACT NO. C41370 created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3. 2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money —will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3. 2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3. 2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non -conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) 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 Revised 11-2-20 BBK 72500. 00001132374943 1 9- Item 1F-17 CONTRACT NO. C41370 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 Five Thousand Dollars and 00/100 ($125,000.00) annually without written approval of the City Council or City Manager, as applicable. 3. 3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non -disputed and approved charges. Contractor shall submit its final invoice to City within thirty 30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3. 3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 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. 3.3.5 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 Revised 11-2-20 BBK 72500 00001132374943 1 10 - Item 1F-18 CONTRACT NO. C41370 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. 3.3.6 Reaistration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven 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. Revised 11-2-20 BBK 72500.00001\32374943 1 11 - Item 1F-19 CONTRACT NO. C41370 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: City: L. Palmer Electric Inc. 42215 Washington Street Suite A 305 Palm Desert, California 92211 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Randy Chavez, Landscape Supervisor Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3. 5. 2 Indemnification. 3. 5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or 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 Obliaations. 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 Revised 11-2-20 BBK 72500 00001132374943.1 12- Item 1F-20 CONTRACT NO. C41370 appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assians. This Agreement shall be binding on the successors and assigns of the parties. 3.5. 7 Assianment 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. Revised 11-2-20 BBK 72500 00001132374943 1 13- Item 1F-21 CONTRACT NO. C41370 3. 5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Aareement. 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. Revised 11-2-20 BBK 72500.00001132374943 1 SIGNATURES ON NEXT PAGE] 14 - Item 1F-22 CONTRACT NO. C41370 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND L. PALMER ELECTRIC, 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: auttuvl Kathleen a ly Mayor ATTEST: By: City Clerk Larry Palmer L. Palmer Electric, Inc. IF CORPO ATION, O SIGNATURES, PRESIDE R VI PRESIDENT AND SECRETA Y' jt T 'EASURER RE rj1' {RED] By: Its: Printed Name: APPROVED AS TO FORM: Contractor's License Number and Classification By: 1— e tBest & Krie• =r LLP City Attorney Andy Firestine Assistant City Ma Revised 11-2-20 BBK 72500.00001\32374943 1 15- ti _ LL, - \ OoO o i-2 DIR Registration Number (if applicable) i Item 1F-23 CONTRACT NO. C41370 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 C ORNIA COUNTY OF \\3e'b-`— roiloAaA-t'rddtar Public,personallyOn "C 20 before me, p Y appeared---tcucc _ Am, J who proved to me on the basis of satisfactory evidence to be the person(s) whose ne(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. rwww"" IIICHAEL HCAVAA"‘", comm. B2332285 NOTARY PUBLIC • CALIFORNIA 3 RIVERSIDE COUNTY Conmiaegn Wes AUGUST 24, 2024 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 offic .' se Signature of Notary Pu. is 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 Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Revised 11-2-20 BBK 72500.00001 132374943 1 16 - Number of Pages Date of Document Signer(s) Other Than Named Above Item 1F-24 CONTRACT NO. C41370 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 C ++ ORNIA COUNTY OF l VeS.:5' la On4tJ Q it - , 20 j personalty-4peared ( Lei Ci me, (Y'C\!i_ 4. Notary Public, Vvver who proved to me on the basis of satisfactory evidence to be the person(s) who$e 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. firISM waft COMM. #23322e5 NOTARY PUBLIC • CALIFORNIA RNERSIDE COUNTY Coirrmoen E.pir . m...s T 24, A 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 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) Revised 11-2-20 BBK 72500.00001132374943 1 17 - DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Item 1F-25 CONTRACT NO. C41370 EXHIBIT "A" SCOPE OF SERVICES The scope of services include repairs, replacement and installation of electrical components, including but not limited to, the following: troubleshooting wiring problems, light conversion from high pressure sodium and/or metal halide to LED, replacing lamps/bulbs, installing new Tight fixtures such as pedestal lights, troubleshooting/ repair or replace breakers, upgrading electrical panels, installing splice boxes, adjusting timers to reflect standard time or daylight savings time. The scope of services may also include, but is not be limited to, the following: changing Tight timers, Tight checks, small scale lighting designs, repair or rerouting conduit. Revised 11-2-20 BBK 72500 00001132374943 1 Exhibit A - 1 Item 1F-26 CONTRACT NO. C41370 EXHIBIT "B" SCHEDULE OF SERVICES THE TERM OF THIS AGREEMENT SHALL BE FROM JULY 1, 2021 TO 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 THREE (3) ADDITIONAL ONE-YEAR TERMS. CONTRACTOR SHALL COMPLETE THE SERVICES WITHIN THE TERM OF THIS AGREEMENT, AND SHALL MEET ANY OTHER ESTABLISHED SCHEDULES AND DEADLINES. THE PARTIES MAY, BY MUTUAL, WRITTEN CONSENT, EXTEND THE TERM OF THIS AGREEMENT IF NECESSARY TO COMPLETE THE SERVICES. Revised 11-2-20 BBK 72500.00001132374943 1 Exhibit B - 1 Item 1F-27 Exhibit "C" CONTRACT NO. C41370 PA MER ELECTRIC FEE PROPOSAL STANDARD RATE: $105/HR OVERTIME RATE: $128/HR SUNDAY AND HOLIDAY RATE: $150/HR EQUIPMENT RENTAL: 26' Scissor Lift: $275/Day $660/Week 50' Boom Lift: $450/Day $1500/Week MATERIAL MARKUP: All material provided by Palmer Electric to have 15% markup. 5 Item 1F-28 Subject to Premium Adjustment Based on Final Contract Price PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: CONTRACT NO. C41370 Bond No. 100593937 Premium: $3,750.00 per Annum THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded to L. Palmer Electric. Inc. (hereinafter referred to as the "Contractor") an agreement for On CaII Electrical Services for Park and Landscape Facilities (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 April-22. 2021, (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, L. Palmer Electric, Inc. the undersigned Contractor and U.S. Specialty Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ONE HUNDRED TWENTY-FIVE AND 00/100, ($125, 000) annually, said sum being not Tess 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: 1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Rev,se0 , I. 2.20 88K. 7250000001432374 431 Exhibit C - 2 Item 1F-29 CONTRACT NO. C41370 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] Revised 11-2-20 BBK 72500 00001132374943 1 Exhibit C - 3 Item 1F-30 CONTRACT NO. C41370 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30th day of July , 20 21 Corporate Seal) Corporate Seal) Attach Attorney -in -Fact Certificate) L. Palm :•' El ctric c. Contrac Prin' i gal By Title U.S. Specialty Insurance Company Surety By z Attorney -in -Fact Title Freddy Anvari, Attorney -in -Fact 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 charges, $ 3,750.00 per Annum 30. 00 The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: per thousand. The total amount of premium Name and Address of Surety) U.S. Specialty Insurance Company 625 The City Drive So., Suite 205 Orange, CA 92868 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) Jeremy A. Wilkins Insurance Agency, Inc. 77682 Country Club Dr., Ste. 1 Palm Desert, CA 92211 Surety: (714)740-7004 Agent: (760) 610-6145 NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Remsed 11.2.20 8BM.72500 00001%32374943 1 Exhibit C - 4 Item 1F-31 CONTRACT NO. C41370 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 ORNIA COUNTY OF On Arlq L efore m _ appearec ci_\/ _ , who proved to me on the basis of satisfactory evidence to be ary Public, personally the person(s) whose am s i'/are subscribed to the within instrument and acknowledged to me that he/she/they executed t e 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CONM.82332285 NOTARY PUBLIC • CALIFORNIA 3 RIVERSIDE COUNTY Cammiaaien jay* AUGUST 24, 2024 WITNES my hand and o' ici_,,,:eal. Signature of Notary 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 CV Corporate Officer Title(s) Partner(s) Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Limited General Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Revised 11-2.20 80K 72500 00001:32374g43 1 Exhibit C - 5 Item 1F-32 CONTRACT NO. C41370 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 l \\'J ecC)i0(e Notary Public, person ppeared who proved to me on the basis of satisfactory evidence to be the person(s) whos namt `ss Is are su scribed 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. COMM. #2332285 x NOTARY PUBLIC • CALIFORNIA 3 RNERSIOE COUNTY 20Q4CommFGUST4, 2C2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEShand and seal. 11- , Signature of Notary 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 44 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 DOTE: 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. Revised 1 t-2. 20 BBK 7250000001432374943 1 Exhibit C - 6 Item 1F-33 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 On personally appeared Orange before me, Angela Kim, Notary Public Here Insert Name and Title of the Officer Freddy Anvari 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 foregoing paragraph is true and correct. Notary Public - California Orange County Commission # 2357781 My Comm. Expires May 15. 2025 WITNESS my hand and official seal. Signature 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: Bond# i 00501AQ1.—i Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Freddy Anvari l:_1 Corporate Officer — Title(s): 1 Partner — f l Limited 11 General C::1 Individual f?`1 Attorney in Fact Ci Trustee I 1 Guardian or Conservator l Other: Signer Is Representing: Signer's Name: i..i Corporate Officer — Title(s): f: Partner — Li Limited I0 General LI Individual [::I Attorney in Fact 1-1 Trustee 1 1 Guardian or Conservator f =.1 Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1F-34 0,14 TOKIO MARI N E HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, FREDDY ANVARI its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number 100593937 issued in the course of its business and to bind the Company thereby, in an amount not to exceed Two hundred thousand and 00/100 t $200.000.00 ). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of December 2017. a\ly insur'cOr U.S. SPECIALT j NSURANCE,COMPANY BY: y1 L '7_ LcRAJs:v1 State of California County of Los Angeles = •. w `'` Adam S. Pessrin, senior Vice President n',uln iii00 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. On this 1st day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature seal) 504140, CARREYJ Notary Cnulxn'e 1y Loy Angeles CO "y - Ccmmh.ton t 2211479 My Comm. Expire.Apr 13, 2022 I, Kro Lo, Assistant Secretary of U.S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of Bond No. 100593937 Agency No. 18183 July 2021 HCCSZZ POAUSSIC06I2018 Item 1F-35 Subject to Premium Adjustment Based on Final Contract Price PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That CONTRACT NO. C41370 Bond No. 100593937 Premium: Included in Performance Bond WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken or a resolution passed April 22, 2021 has awarded to L. Palmer Electric, Inc., hereinafter designated as the "Principal," a contract for the work described as follows: LANDSCAPE MAINTENANCE AREA 7 (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 April 22, 2021 ("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 U.S. Specialty Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Twenty -Five and 00/100 Dollars ($125,000) 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 Tabor the Surety or Sureties will pay for the same. in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs. expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Revised 11-2.20 BBK 72500 00001532374943 1 Exhibit C - 7 Item 1F-36 CONTRACT NO. C41370 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. Revise, 11-2-20 BBK 72500 0000102374943 1 SIGNATURES ON NEXT PAGE] Exhibit C - 8 Item 1F-37 CONTRACT NO. C41370 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30th July , 2021. Corporate Seal) Corporate Seal) Attach Attorney -in -Fact Certificate) L. Palmej.l: tric, Inc. Contragto'r/ By Title WttilsOk4l S*0'ET U.S. Specialty Insurance Company day of Attorney -in -Fact Title Freddy Anvari, Attorney -in -Fact 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. Ramsee 11-2-21) 138K 72500 00301)32374943 1 Exhibit C - 9 Item 1F-38 CONTRACT NO. C41370 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 ORNIA COUNTY OF ', W On 'it v\ 20 before me, personaleared NA evidence to be the pers o e m( i are su ry Public, who proved to me on the basis of satisfactory scribed 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. COMM. # 2332285 yc NOTARY PUBLIC • CALIFORNIA a ty RNERSIDE COUNT( tiwwwwww Cor.wvzoiwYrissienExpiresAUGUST24; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE S y hand and of gnature of Notar OPTIONAL seal. J 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 XS- orporate Officer Partner( s) Title( s) Limited General n Attorney -In -Fact Trustee( s) C Guardian/Conservator r 1 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 NOTE: This acknowledgment is to be completed for Contractor/Principal. Revised 11-2.20 BBK 72500 0000113237 49.43 1 Exhibit C - 10 Item 1F-39 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 .- \ before me, Angela Kim, Notary Public Date personally appeared Here Insert Name and Title of the Officer Freddy Anvari 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(les), 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGE.A 4;M iia Notary Public - California aorangeCounty Commission N 2357781 My Comm. Expires May 15, 2025 WITNESS my hand and official seal. Signature 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: Bond# 1,0(...)5COPt 3-1. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signals) Signer's Name: Freddy Anvari Corporate Officer — Title(s): _.___...._...._.............._. 1i1 Partner — IR I Limited I !General 1 Individual XI Attorney in Fact 1 1 Trustee 1. 1 Guardian or Conservator l Other: Signer Is Representing: Signer's Name: 1 Corporate Officer — Title(s): i Partner — 1.l Limited 171 General Li Individual [::I Attorney in Fact 1:_1 Trustee 1:1 Guardian or Conservator 11 Other: Signer Is Representing: 2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item 1F-40 TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, FREDDY ANVARI its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number 100593937 , issued in the course of its business and to bind the Company thereby, in an amount not to exceed Two hundred thousand and 00/100 f $200.000.00 ). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice President on this 18th dayof December 2017. rr`7! nn -F •i3StateofCalifornia County of Los Angeles yrnn*nn"oo'• 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. By: U.S. SPECIALT NSURANCE COMPANY s:vi Adam S. Pess in, u 1T_ cenior Vice President On this 151 day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature seal) 1 t?".. SONIA 0. CAARCI0 r'r 1 Notary A.bils • Canfornid Los AnialesCw.,ly Commission / 2219479 My Comm. &pirnApr 23, 2022 ` I, Kio Lo, Assistant Secretary of U.S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of July Bond No. 100593937 Agency No. 18183 2021 Kio Lo, Assis' ' Secretary HCCSZZ POAU5SIC0612018 visit tmhcc.com/surety for more information Item 1F-41 Company Profile Page 1 of 2 CALIFORNIA DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results U.S. SPECIALTY INSURANCE COMPANY CompanyInformation Old Company Names Agent for Service Reference EASTERN AVIATION & MARINE INSURANCE COMPANY 12/21/1993 Information U.S. SPECIALTY INSURANCE COMPANY DBA USSPECIALTY 05/16/1996 NAIC Group List INSURANCE COMPANY Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF' s Annual Statements 13403 NORTHWEST FREEWAY HOUSTON, TX 77040-6094 Old Company Names Effective Date Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information Quarterly NAIL #: (129599 Statements California Company ID #: 3220-1 Company Complaint Company Date Authorized in California: 10/ 30/1989 Performance & — Comparison Data License Status: UNLIMITED -NORMAL Company Enforcement Action Company Type: (Property & Casualty Composite State of Domicile: (TEXAS Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer back to top NAIC Group List NAIC Group #: Lines Of Business 3098 Tokio Marine Holdings Inc GRP i The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive.web. insurance.ca. gov/companyprofile/companyprofile?event=companyPr... 8/6/2021Item 1F-42 Company Profile Page 2 of 2 SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top 7 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 8/6/2021Item 1F-43 Item 1F-44 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: REJECT ALL BIDS AND EXTEND CONTRACT WITH YMCA FOR MANAGEMENT OF THE PALM DESERT AQUATIC CENTER FOR AN ADDITIONAL SIX-MONTH TERM RECOMMENDATION: 1. Reject all bids submitted under Request for Proposals “Management and Operations of the Palm Desert Aquatic Center”. 2. Approve Amendment No. 5 to extend Contract No. C36620 with the Family Young Men’s Christian Association of the Desert (“YMCA”) of Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center for a 6-month term in the amount of $82,500 plus reimbursement of additional costs included in the agreement in the amount of $880,069 for a total amount not to exceed $962,569. 3. Authorize the Mayor to execute said amendment. Funds have been included in the proposed 2023/24 Budget Request in the Aquatic Center Special Revenue Fund Account numbers as referenced in the fiscal analysis. BACKGROUND/ANALYSIS: In January 2018, the City issued a Request for Proposals for management of the Palm Desert Aquatic Center. A competitive bidding process was conducted resulting with the award of Contract No. C36620 to the Family YMCA of the Desert for a one-year term with an option to renew every year until June 30, 2023. Amendment No. 4, which was awarded on April 14, 2022, is set to expire on June 30, 2023. To establish a new contract, the City issued a Request for Proposals for Management and Operations of the Palm Desert Aquatic Center in November 2022. The City proposed a 5-year contract term with three optional 1-year extensions. Two proposals were received by the RFP deadline on January 20, 2023. Contractor Location Year 1 Amount Family YMCA of the Desert Palm Desert, California $178,000 (static annual amount for 5 years) Sports Facilities Management, LLC Clearwater, Florida $264,000 (5% per year escalation) City Staff entered negotiations with the YMCA, and several changes to the scope of work were proposed. In addition, the YMCA provided the scope of work and contract to their legal counsel for review. Item 1G-1 City of Palm Desert Reject all Bids and Extend PDAC Management Contract Page 2 of 3 On January 30, 2023, two YMCA lifeguards submitted their resignations, leading to a change in operating hours due to lack of staff. City and YMCA staff met to discuss solutions. Hiring new lifeguards was a priority, but despite marketing efforts by YMCA, it had not been successful. A decision was made to increase lifeguard pay from $17.50 to $19.50 for new lifeguards. Several lifeguards have been hired since the change and facility operating hours have nearly been restored. These changes prompted discussion and further negotiations between YMCA and the City about the new contract needs. Through this process, YMCA submitted two revised fee proposals showing increased administrative costs and annual escalation built in. In addition, the YMCA legal team completed their review and requested significant changes to the contract. After review, Staff concluded that the need for changes to the scope of work and contract language were significant enough to require the request for proposals for this project to be re-advertised. Staff have discussed this with YMCA, and both parties have agreed it is a mutual best interest to advertise the Request for Proposals again, after updates have been made. Given the strong partnership with YMCA, Staff recommends that the City continue its relationship with the YMCA as operator of the Aquatic Center in the interim and approve Amendment No. 5 to extend the current contract for a term of 6 months. A competitive bidding process is planned for the summer of 2023. Strategic Plan: High quality facility management and staffing at the Palm Desert Aquatic Center (PDAC) sustains one of the City’s premier recreational facilities. The proposed action will further the goals of the Strategic Plan by providing pervasive recreation opportunities for residents and visitors. FINANCIAL IMPACT: The costs associated with the contract extension and reimbursement costs are included in the Public Works proposed budget for Fiscal Year 2023-24. The YMCA is not requesting any increase in its management fee as approved in the original 2018/19 contract. Therefore, the total management fee will remain at $165,000 annually and paid over a 6-month period at $13,750 per month for a total of $82,500. However, YMCA staff labor costs did increase in response to the above-described lifeguard shortage. Staff estimates the associated annual reimbursement cost will amount to a total of $1,760,138 ($880,069 for six months), which is an increase of approximately 22% from the current fiscal year ($1,444,400). The reimbursement increases and estimated 6-month costs for this extension has been accounted for in FY 2023-24, as follows: FY 2023-24 Account # Proposed Budget Estimated 6-Month Expenses Jan-Jun 2024 Balance Management Fee 2424549-4309300 $165,000 $82,500 $82,500 Contracted Labor 2424549-4802101 $1,637,500 $762,569 $874,931 Food / Merchandise 2424549-4801100 $40,000 $20,000 $20,000 Supplies 2424549-4219000 $20,000 $10,000 $10,000 Other Expenses 2424549-4309000 $175,000 $87,500 $87,500 TOTAL $2,037,500 $962,569 $1,074,931 REVIEWED BY: Item 1G-2 City of Palm Desert Reject all Bids and Extend PDAC Management Contract Page 3 of 3 Department Director: Martin Alvarez City Attorney: Craig Hayes, Best Best & Krieger Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Amendment No. 5 2. C36620 - Executed Agreement 3. Proposal - Family YMCA of the Desert 4. Proposal - Sports Facilities Management, LLC Item 1G-3 Contract No. C36625 AMENDMENT NO. 5 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT 1.Parties and Date. This Amendment No. 5 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 27th day of April 2023, by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 (“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 Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend term. The Parties have heretofore entered into that Amendment No. 4 dated April 13, 2022. 2.3 Amendment Authority. This Amendment No. 5 is authorized by City Council approval. 3. Terms. 3.1 SECTION 1. Section 1.1 of the Agreement is hereby amended in its entirety to read as follows: “The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continued with extensions through June 30, 2023. The term of this Agreement is extended, and shall include the time period from July 1, 2023, through December 31, 2023." 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5. 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. 5. 3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Item 1G-4 Contract No. C36624 Page 2 of 3 3.5 Counterparts. This Amendment No. 5 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 1G-5 Contract No. C36624 Page 3 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 5 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written. CITY OF PALM DESERT Approved By: _______________________ Kathleen Kelly, Mayor Attested By: _______________________ Anthony J. Mejia City Clerk Approved As To Form: By: _______________________ Best Best & Krieger LLP City Attorney FAMILY YMCA OF THE DESERT _______________________ Signature _______________________ Name _______________________ Title _______________________ Signature _______________________ Name _______________________ Title QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1G-6 Item 1G-7 Item 1G-8 Item 1G-9 Item 1G-10 Item 1G-11 Item 1G-12 Item 1G-13 Item 1G-14 Item 1G-15 Item 1G-16 Item 1G-17 Item 1G-18 Item 1G-19 Item 1G-20 Item 1G-21 Item 1G-22 Item 1G-23 Item 1G-24 Item 1G-25 Item 1G-26 Item 1G-27 Item 1G-28 Item 1G-29 Item 1G-30 Item 1G-31 Item 1G-32 Item 1G-33 Item 1G-34 Item 1G-35 Item 1G-36 Item 1G-37 Item 1G-38 Item 1G-39 Item 1G-40 Item 1G-41 Item 1G-42 Item 1G-43 Item 1G-44 Item 1G-45 Item 1G-46 Item 1G-47 Item 1G-48 Item 1G-49 Item 1G-50 Item 1G-51 Item 1G-52 Item 1G-53 Item 1G-54 Item 1G-55 Item 1G-56 Item 1G-57 Item 1G-58 Item 1G-59 Item 1G-60 Item 1G-61 Item 1G-62 Item 1G-63 Item 1G-64 Item 1G-65 Item 1G-66 Item 1G-67 Item 1G-68 Item 1G-69 Item 1G-70 Item 1G-71 Item 1G-72 Item 1G-73 Item 1G-74 Item 1G-75 Item 1G-76 Item 1G-77 Item 1G-78 Item 1G-79 Item 1G-80 Item 1G-81 Item 1G-82 Item 1G-83 Item 1G-84 Item 1G-85 Item 1G-86 Item 1G-87 Item 1G-88 Item 1G-89 Item 1G-90 Item 1G-91 Item 1G-92 Item 1G-93 Item 1G-94 Item 1G-95 Item 1G-96 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-154 Management and Operations of the Palm Desert Aquatic Center RESPONSE DEADLINE: January 20, 2023 at 2:00 pm Report Generated: Monday, January 23, 2023 Family YMCA of the Desert Proposal CONTACT INFORMATION Company: Family YMCA of the Desert Email: paulasimonds@desertymca.org Contact: Paula Simonds Address: 43930 San Pablo Avenue Palm Desert, CA 92260 Phone: (760) 341-9622 Website: www.ymcaofthedesert.org Submission Date: Jan 20, 2023 10:13 AM Item 1G-97 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jan 20, 2023 9:01 AM by Paula Simonds 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-98 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center 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. Family_YMCA_of_the_Desert_City_of_PD_PDAC_RFP_Proposal_2023_Final.pdfFamily_YMCA_of_the_Desert_2023_RFP_Reference_L etters.pdfFamily_YMCA_of_the_Desert_2023_RFP_Appendix.pdf 2. Fee Proposal* Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). Family_YMCA_of_the_Desert_2023_RFP_(One_Year_&_Future_Forecast_-_wage_scale).pdf 3. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny 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 Item 1G-99 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 4 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, organi zation, 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, p artnership, 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 4. Type of Business* C Corporation (if corporation, two signatures are required) 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"). The Family YMCA of the Desert was a named defendant in a wrongful death lawsuit brought by the Jaskulski family. The case rec ently went to trial where the Jaskulski family demanded $25,000,000. On December 13, 2022, the jury returned a unanimous verdict in favor of the defense, finding that there was no negligence on the part of the Family YMCA of the Desert or its Lifeguards. Th e Family YMCA of the Desert remains committed to providing a safe environment for the community. 6. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are Item 1G-100 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 5 identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 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, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 8. 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. Family_YMCA_of_the_Desert_Key_Staff_Resumes_2023_RFP.pdf 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 1). Paula Simonds, CEO; 43930 San Pablo Avenue, Palm Desert, CA 92260; paulasimonds@desertymca.org; (760) 341-9622 Item 1G-101 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 6 2). David Keyes, Palm Desert Aquatic Center Manager, 43930 San Pablo Avenue, Palm Desert, CA 92260; davidkeyes@desertymca.org ; (760) 341-9622 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.* Confirmed Item 1G-102 Item 1G-103 Page | 2 Qualifications, Related Experience and References of Consultant Profile of Firm: The Family YMCA of the Desert, started in 1982, is a 501 (c) 3 charitable, community service organization that includes men, women and children of all ages, abilities, incomes, races and religions. All persons are welcome at the Family YMCA of the Desert and we are committed to following our YMCA of the USA and California State Alliance of YMCA’s standards and guidelines of providing programs that nurture development, healthy living and social responsibility. Y-USA (2,700 YMCA’s nationally) and California State Alliance of YMCA’s (33 independent associations and 3 Armed Services YMCA’s) provides support, training and new program information to the local associations. Currently, our organization has nine (9) program locations throughout the valley and offer a variety of licensed childcare and various enrichment, sports, camps, health and wellness opportunities with 180+ employees who are dedicated to providing quality programs in a safe environment. The Family YMCA of the Desert is governed by seventeen (17) Board of Directors who reside in the Coachella Valley. They provide direction, establish and govern policy and oversee a current budget of $7.3 million dollars. Firm’s Financial Condition: The Family YMCA of the Desert prides ourselves on being fiscally responsible and sound in management of our financial profile, which is also overseen by Skeehan & Young, Inc, CPA, Inc. and RBC Wealth Management. Our Finance and Audit committee meet on a monthly and quarterly basis to ensure we are on target with current fiscal operational needs, reserves and investments. We maintain contracts with California Department of Education (CDE), Riverside County Office of Education (RCOE) and Desert Sands Unified School District childcare program services. Our organization is supported by State an d Riverside County contracts, program fees, grants, foundation and donor support. An annual Yellow Book Item 1G-104 Page | 3 Audit of the financial statements are completed in accordance with Generally Accepted Accounting Principles (GAAP) auditing standards generally accepted in the United States of America and the standards applicable to the financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. This organization has not had any significant deficiencies in internal controls over the last 20 years and no material weakness or non-compliance materials have been noted. In addition, The Family YMCA of the Desert’s current budget is $7,375,100.00. As of January 2023, our long term and fixed assets total $373,531.00 and we currently have $1,511,723.00 in reserve and savings accounts. Our total liabilities as of January 2023 are $831,903.00. This organization does not have any conditions such as bankruptcy, office closures, mergers, or litigations that would adversely affect it. Firm’s Experience: YMCA’s have always lead the charge in sports and exercise. Aquatics has been one of the strong points of the YMCA dating back to 1907 when the Detroit YMCA started the first organized swim lessons in the country. From 1907 to now the YMCA has taught more people to swim than any other organization in the country. Starting in 2007, The Family YMCA of the Desert has served as contracted aquatics management in the cities of La Qu inta and Palm Desert. It has, is and will be our continued priority to prioritize facility, pool safety. We have provided qualified lifeguards to swim instructors and management level staff from Finance to Human Resources, to oversee and manage daily programming and swim operations. In 2011, the Family YMCA of the Desert provided assistance in partnership with the City of Palm Desert in the development and the opening of the Palm Desert Aquatic Center (PDAC). The Family YMCA of the Desert has been overseeing the operations and management of the PDAC since opening and has been the sole contracted management organization for the past 12 years. To Item 1G-105 Page | 4 date, all State and County inspections have been passed and there has never been a state/county forced closure to any of the pools, rides, or concessions due to inspection related items. Proposed subcontractors: There are no proposed subcontractors at this time. References: Joe Fleuette Knorr Systems Inc. Director of Technical Service: 2221 Standard Ave. Santa Ana, CA 92707 - Phone: 714-754-4044 - Email: joef@knorrsystems.com. Pavol Valovic Xavier College Preparatory High School Water Polo & Swim Coach: 34200 Cook St. Palm Desert, CA 92211 - Phone: 760-601-3900 - Email: pvalovic@xavierprep.org Sabby Jonathan Former City of Palm Desert Mayor & Council Member: Palm Desert Resident – Home: 760-340-6701 - Email: sabby@jonathanandassociates.com Audrie Echnoz Corona-Norco Family YMCA CEO 815 W.6th Street, Corona, CA 92882 Office: 951-479-4779 – Email: Echnoz@ymcacornor.org Roger Wangler Lap Swim Patron: Palm Desert Resident - Cell: 760-808-0982 Email:rowangler@gmail.com See attached Reference Letters MANAGEMENT APPROACH Key Personnel Proposed to Perform Work David Keyes, Aquatic Manager Item 1G-106 Page | 5 • David has worked for the Family YMCA of the Desert for 14 years. He began working for the Palm Desert Aquatic Center in April 2011, prior to public opening. He was originally hired as the Front Desk and Concessions Manager and has been promoted to Aquatic Manager. David has a complete understanding and detailed working knowledge of all daily operations that are now common and best practices. David has been instrumental in the development and expansion of all programming at the Aquatic Center. Mike Marshall, Facility Operations Manager • Mike has worked for the Aquatic Center through the Family YMCA of the Desert for 10 years. He oversees the maintenance and facility of the Palm Desert Aquatic Cente r. He has extensive knowledge in the Aquatics industry and a daily working understanding of all pool and facility related equipment and maintenance operations. Ivette Acosta, Accounting Manager • Ivette Acosta, Accounting Manager, is responsible for management of day- to- day AP/AR, billing, inventory, liaison with staff and cloud-based and internal systems oversite. Ivette has been an employee with the Family YMCA of the Desert for 2 years and provides a strong background of financial knowledge, oversight and implementation. In conjunction with Skeehan & Young, Inc. CPA, Inc. who manage our budget development, monthly, audit, tax and related financial needs/requirements, Ivette, Mark Skeehan, Benjamin Henry (Skeehan & Young, CPA, Inc.) and Paula Simonds, CEO are in constant communication with organization staff to ensure fiscal policies, procedures, internal controls are being adhered to for maintenance of monthly, annual reporting and outcomes. Item 1G-107 Page | 6 Amanda Henn, Chief Operating Officer • Amanda Henn serves as our Chief Operating Officer. As COO, she is responsible for oversight of Human Resources, Insurance, Facility, Transportation , and financial items as related to these areas for the Family YMCA of the Desert she has employee oversite of all employees through the YMCA including upwards of 60+ staff at the Aquatic Center. Kenneth Cross, Lifeguard Supervisor • Kenneth has worked for the Aquatic Center through the Family YMCA of the Desert for 3 years. He oversees the Lifeguard staff operations, training, and Red Cross certification classes. Andrea Lopez Aquatics Coordinator • Andrea has worked for the Aquatic Center through the Family YMCA of the Desert for 4 years. She oversees the programs, facility rentals, facility schedule, social media, and swim instructor staff operations. Taylor Pellum, Front Desk & Concessions Manger • Taylor has worked for the Aquatic Center through the Family YMCA of the Desert for over 7 years. She oversees the Front Desk and Concessions’ operations. Proposed Management Personnel: See attached appendix A Project Proposed Subcontractors – There are no proposed subcontractors at this time. Project Staff Organization Chart: See attached appendix B Item 1G-108 Page | 7 Statement of Personnel Intent The Family YMCA of the Desert understands that all key personnel mentioned in this request for proposal for the Palm Desert Aquatic Center facility will be available as stated in this proposal. All key personnel will perform the duties mentioned and no one designated as ‘key’ to the project shall be removed or replaced without the prior written concurrence of the City. Proposed onsite non-management staffing levels Lifeguards – The minimum staff requirement when the facility is open is two lifeguards and one shift supervisor who also holds a current lifeguard certification. This minimum increases by one lifeguard for each pool that is open during lap swim hours. S lides require two additional lifeguards to operate, diving boards require one additional lifeguard, the rock wall and AquaZip’N combined require one additional lifeguard. Additional lifeguards may be needed at any/all pool(s) based on the lifeguard to bather ratio. The YMCA will follow current Red Cross standards for lifeguard to bather ratios. A full facility operation with all amenities open, and a very heavy bather load across all pools could require 24 lifeguards and one shift supervisor, as the current number of pools and amenities stands. The number of lifeguards on staff will vary seasonally. Lifeguard staff increase as the bather load increases or conditions warrant. Lifeguards follow the current Red Cross guideline of a 1:25 lifeguard to bather ratio during public lap swimming and recreational swimming. Swim Instructors – Preschool age classes operate at a 1:4 ratio. Elementary age classes operate at a 1:5 or 1:6 ratio depending on the level. Rec Swim Team 1:25 ratio. Maintaining the correct instructor to student ratio is imperative for safety, learning, fiscal responsibility, and best Item 1G-109 Page | 8 practices. These include Parent-child classes, Preschool levels 1-3, Grade School levels 1-6 and Rec Swim Team. All swim classes follow the YMCA curriculum covering ages 6 mo.-17 years of age. – See attached appendix C Fitness Instructors – One instructor per adult fitness class. Examples of classes are water exercise, yoga, indoor/outdoor exercise, masters swim, personal training, adult learn-to-swim. When a class has consistently less than 5 attendees per the class, the class is revaluated and/or cancelled. Front Desk – During operational hours there is a minimum of one front desk staff member scheduled. Additional staff are scheduled seasonally, for special events, and high use times. They handle cash transactions, check-ins, registration for programs, provide customer service and answer phone calls. Concessions – The concessions stand will be open seasonally, April-September. During operational hours there is a minimum of two concessions stand staff members scheduled. Additional staff are scheduled for high use times and special events. One staff takes orders and handles transactions, and the other staff member handles and distributes food. As business increases staffing levels increase as well. All concession staff have Riverside County Food Handler cards. Maintenance – Along with the full time Facility Operations Manager, two part time Maintenance Assistants will share a minimum 50-hour work week. Duties will include but not be limited to vacuuming pools, cleaning of pool tiles, deck, drains, and play structures, minor repairs, painting, retouches, preventative maintenance, and assigned projects. See attached appendix D Item 1G-110 Page | 9 Proposed Services Management and Operations of the Aquatic Center Operational Procedure: • A designated shift supervisor (Lead Lifeguard or Management Staff Member) acts as a Manager on Duty and oversees the facility and scheduled staff. • The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age. • The facility may not open to the public without a minimum of 3 lifeguard certified staff members present. • All certified staff members must be ready to lifeguard or perform other assigned duties when their shift begins. • All schedules are posted to our human resources management system. Staff are notified via email when a new schedule is posted. • Deck Lifeguards - On Deck: o Lifeguards rotate between surveillance positions every 15 minutes – The shift supervisor will set the rotation schedule. o Male lifeguards will check the men’s locker room (check patron behavior, pick up and clean as necessary) when not performing patron surveillance. o Female lifeguards will check the women’s locker room (check patron behavior, pick up and clean as necessary) when not performing patron surveillance. o During high use times a lifeguard shall occupy an elevated lifeguard chair where available. o Whistles: Must always be with you during your scheduled lifeguard shift not just while engaged in surveillance. An emergency whistle code will be employed and Item 1G-111 Page | 10 understood by all lifeguards. o Rescue hip packs must be worn at all times. Packs will be adequately supplied with resuscitation masks, One-Way Valve with filter and non-latex gloves. • Backup Duty Lifeguard o When lifeguards are not performing patron surveillance, they check the facility, including restrooms and locker rooms for any safety concerns, perform cleaning, and respond to all emergencies, providing first aid to injured persons as dictated by the facility EAP. o If numbers do not justify a full complement of staff, the shift supervisor may release excess staff from work. See attached appendix E • No lifeguard should be scheduled to work more than 8 hours in one day. • For all injuries, injury report form(s) are required to be completed and submitted to the applicable supervisor who then reviews and submits it(them) to the Aquatic Manager. See attached appendix F Water Chemistry: • The scheduled shift supervisor is required to check and record pool chemistry every 2 hours (at a minimum). If the scheduled shift supervisor is occupied during the 2-hour window, then another trained supervisor or manager may check and record pool chemistry. • Water chemistry is adjusted under the direction of the Facility Operations Manager and/or the Aquatic Manager as needed before opening, during operational hours and after closing. See attached appendix G Communication : Item 1G-112 Page | 11 Clear and concise communication is vital at the Palm Desert Aquatic Center. Communication includes verbal and non-verbal communication, hand signals, whistle blasts, radio contact, and written communication. Signs at the front desk entrance communicate safety rules. Management/Supervisors pass along information through meetings and monthly in-service training. A policy and procedure manual is located in the Lifeguard/First Aid room specifying lifeguard communication. Important paperwork is available on numerous bulletin boards in the front office and the Lifeguard/First Aid room. Whistles are one of the primary tools used by lifeguards and staff. • Whistle commands are as follows: ONE Short Whistle Blast: Gain a patron’s attention. TWO Short Whistle Blasts: Gain another lifeguard/supervisor’s attention. THREE Short Whistle Blasts: Emergency/Activate EAP. ONE Long Whistle Blast: Clear the pool • Hand signals are also utilized here at the aquatics center. Hand signals are as follows: Pat top of head with hand: Cover my area/zone. Hold up closed fist in the air: Lifeguard needs assistance. Point a finger: Look in that direction. Thumbs up: Everything is ok. • Top of Slide Hand Signals: Closed Fist raised above head: Is catch pool cleared for use of the closed slide? Open hand raised above the head: is catch pool cleared for use of the Open slide? • Bottom of Slide Hand Signals: Closed Fist raised above head: Catch pool is cleared for use of the closed slide. Open hand raised above the head: Catch pool is cleared for us of the Open slide. The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011 and periodically reviews. These procedures are currently in use and stated in the Palm Desert Aquatic Center Policy and Item 1G-113 Page | 12 Procedure Manual (PPM). Revisions are made to the PPM as necessary to make sure the document is current with industry standards, Red Cross certification updates and best practices. See attached appendix H • Pool Use and Safety Rules • Water Slide Procedure See attached appendix I. • Cleaning See attached appendix J Concessions: The concessions stand adheres to all Riverside County health codes and regulations. All staff who handle unpackaged food have current Riverside County Food Handler cards and they are overseen by a Food Safety Manager. The concessions stand has consistently received an A rating from the Riverside County Health Department. Locker Rooms: • Children 5 years and over must use the locker room of their own sex. If this presents a difficulty, family changing rooms are available. • Towel snapping, running, or rough play is not allowed in the locker rooms. • No food or drink allowed in the locker rooms. Multi-use Room: See attached appendix K Financial Operations The Family YMCA of the Desert accounting department, in conjunction with Skeehan & Young, CPA, Inc. oversee financial operations including but not limited to; budgeting, payroll, reporting, Item 1G-114 Page | 13 and accounting for all revenues and expenditures, and detailed budget preparation of all income and expense financial statements. Organization financial accountability includes Finance Committee member review and approve bank reconciliations of all asset and liability accounts as presented by CPA firm. Payroll is bi-weekly and accounts payable processes invoices as received and purchase orders are used for purchasing . All checks over $2,500.00 require two signatures. Monthly financial statements are reviewed with department heads for accuracy, planning and forecasting. The Financial Committee meets monthly and reviews monthly financial statement, along with a balance sheet and cash flow for the organization. The financial statement is included in monthly Executive and Board Committee packets for review and approval. Risk Management The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011 and periodically reviews. These procedures are currently in use and stated in the Palm Desert Aquatic Center Emergency Action Plan (EAP) and the Palm Desert Aquatic Center Policy and Procedure Manual (PPM). Revisions are made to the PPM and EAP as necessary to make sure the document is current with industry standards, Red Cross certification updates and best practices. PPM: See attached appendix H • Pool Chemical Parameters • Chlorine Room Emergency Procedures • Hazard Identification and Communication • Safety and First Aid Equipment Item 1G-115 Page | 14 • Facility and Pool Cleanliness • Health Regulations • Discipline Policy and Procedure • Child Abuse Policy and Procedure • Lost and Found • Media Communication Policy • Pool Water Contamination and Response Procedure • Biohazard Disposal Procedure • Report Writing • Incident & Witness Statement - See attached appendix W EAP: See attached appendix L • Emergency Personnel Names and Phone Numbers • Evacuation Routes • Emergency Phone Numbers • Utility Company Emergency Contacts • Emergency Reporting and Procedures • Medical Emergencies • Incident/Injury Reporting • Injury Response and Emergency Procedures • Injury Response and Emergency Procedures for Slides • Minor Injury Procedures Item 1G-116 Page | 15 • EAP Flowchart • Fire Emergency • Criminal Activity • Severe Weather and Natural Disasters • Power Failure • Chlorine Spill or Leak Procedure Fecal Incident Response Log – See attached appendix M Water Chemistry Test Log Sheet – See attached appendix G Annual Pool Tarp Training – See attached appendix N Policy Development The following bullet points have detailed procedures that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011 and periodically reviews. These procedures are currently in use and stated in the Palm Desert Aquatic Center Policy and Procedure Manual (PPM). Revisions are made to the PPM as necessary to make sure the document is current with industry standards, Red Cross certification updates and best practices. See attached appendix H • Pool Use and Safety Rules • Lifeguard Procedures • Equipment Rental Procedure Swim Testing - See attached appendix O Item 1G-117 Page | 16 Facility Rental Agreement - See attached appendix P Sign Philosophy – The YMCA uses different types of signs to communicate a variety of information to the public. Signs are a necessity on the pool desk and at the entrance. They allow the front desk to effectively communicate pool availability and important information to the public. Permanent signs are created with the facility brand and color scheme when possible. Cones are utilized as a part of our sign philosophy. Blue cones are placed on all lanes of the Lap Pool signifying the lane is available to the public for use. Yellow cones are placed on lanes of the Lap Pool signifying the lane is unavailable (or soon will be) to the public. A-frame signs are utilized to close off areas currently being cleaned or under maintenance. Large orange cones and yellow Barriers are used to alert and keep patrons away from any hazards on deck. The signs include but are not limited to; pool closed, closed, future lane closures, swim lesson levels, circle swim diagram, acceptable swim wear, etc. State and County mandated signs are posted throughout the facility in accordance with regulations. Recruitment and Hiring Process – At the Family YMCA of the Desert, helping kids, families, and communities learn, grow, and thrive requires strong, cause-driven leadership. When attracting and hiring new employees, we select based on the highest standards, in keeping with the YMCA’s reputation as a leading organization in the community. All position s are initially posted internally so that current staff have an opportunity for advancement and then externally within the community, depending on the positions being filled. We utilize high school and college job boards, social media, school district digital flyers, referral programs, and actively network with leaders in the community or in their field to stay abreast of qualified candidates. High school water polo and swim teams are targeted directly to give youth of the community job experience opportunities utilizing the skills they have mastered through their teams. We ensure Item 1G-118 Page | 17 that the job description for each position being filled is accurate, current and identifies the core competencies needed for the job. We’ve established a written hiring process that ensures all new hires meet the YMCA’s highest standards and possess the core competencies for success in their positions at the YMCA. Systematically we use interview screening techniques, the employment application, background checks, reference checks, etc. We’ve developed and maintained an updated recruiting plan to anticipate and meet the YMCA’s current and future staffing needs. We employ a variety of legal, effective tools and techniques, beyond the basic interview, to assess a candidate’s qualifications for the position; this may include online tools, interview guides, phone screening, swim testing etc. The minimum age for employment is sixteen (16) with a valid work permit. All employees are fingerprinted. After fingerprints have been processed through the State of California Department of Justice, and FBI, results will be received by the Human Resource Department and held confidential; employment is subject to fingerprinting clearance. Any employee is subject to termination of employment if the Criminal History warrants such action. Additionally, employees must notify the Association of any arrest and/or convictions other than minor traffic violations, within five (5) days. Failure to do so may result in disciplinary action up to and including termination. The YMCA recognizes its responsibility to help provide a safe and productive work environment for all employees and patrons. In support of this responsibility, the YMCA has a substance abuse policy, since it may affect and employee’s productivity and efficiency, jeopardize the safety of the employees, patrons, volunteers, vendors, and business partners; or violate State or Federal Statutes. Therefore, we are committed to remain a drug free workplace. In addition, new employees are required to attend a YMCA Employee Orientation, take the Child Abuse Prevention training within 30 days of being hired and Cal ifornia mandated reporter Item 1G-119 Page | 18 training within 14 days of being hired. Furthermore, new employees will be mandated to attend shadowing / training shifts at their specific work site totaling 8 to 24 hours. See attached appendix Q Day-to-Day Operations and Training The following bullet points have detailed procedures and periodic reviews that the Family YMCA of the Desert developed for the Palm Desert Aquatic Center in 2011 and periodically reviews. These procedures are currently in use and stated in the Palm Desert Aquatic Center Policy and Procedure Manual (PPM). Revisions are made to the PPM as necessary to make sure the document is current with industry standards, Red Cross certification updates and best practices. See attached appendix H • Personal Requirements • General Staff Responsibilities • Lifeguard Responsibilities • Shift Supervisor/Lead Lifeguard Responsibilities • Swim Instructor Responsibilities • Fitness • Customer Service Day-to-day Operation/Staffing Plan/Orientation Refer to Key Personnel, Proposed Work and Proposed Non-Management Positions (pages 4-12) for day-to-day operations and the staffing plan. Item 1G-120 Page | 19 Refer to the Recruitment and Hiring Process (pages 16-18) for the orientation process. Pre-Service and In-Service Training Plan: Pre-Service, refer to the Recruitment and Hiring Process (pages 16-18). Lifeguard In-service 2023 Dates and Policy - See attached appendix R 2023 In-service Training Schedule - See attached appendix R Lifeguard Training Program and Lifeguard Rotation Process – Employed lifeguards shall hold in good standing the American Red Cross Certification for lifeguarding also known as lifeguarding for the Professional Rescuer which includes Lifeguarding, CPR, AED, and First- Aid. In addition to this certification, lifeguards are certified in Bloodborne Pathogens Training, Epinephrine Auto-Injector Training, Asthma Inhaler Training, and Administering Emergency Oxygen. Lifeguards who are hired holding other nationally recognized lifeguarding certifications will be bridged into Red Cross certifications within 30 days of employment. Swimming ability is one of the most important prerequisites to become a Red Cross lifeguard and guard at a pool with a depth of 15 ½ feet. The guard must be able to swim breaststroke and front crawl and have the endurance to swim for long distances during the testing process. The swimming test includes 300 yards of non-stop swimming, 100 yards of front crawl, 100 yards of breaststroke and another 100 yards of either breaststroke or front crawl. Because of the depth of the pool, guards are also required to perform a time trial test consists of swimming 20 yards, surface diving to 15 ½ feet, retrieving a ten pound weight, and treading with the weight held out of the water with both hands on the weight 20 yards back to the starting point, placing the weight on the deck and exiting the water from the deck going into a standing position in 1 minute and 46 seconds or less. In addition to swimming proficiency, the guard needs to demonstrate solid emergency medical Item 1G-121 Page | 20 skills; they are trained and tested in standard first aid, cardio-pulmonary resuscitation (CPR), and automated external defibrillator (AED). These skills are tested through drills conducted both in and out of the water. A written test concludes the proficiency testing. A score of 80 percent or higher on the written exam is required. Guard Coverage Policy See Proposed Onsite Non-Management Staffing Levels for Lifeguards (page 7) & Operational Procedure (appendix H) Zone Coverage Charts - See attached appendix E Program Development – The Family YMCA of the Desert uses the entire facility to create programs for the Aquatic Center. The multi-use room currently holds a yoga class and 2 senior/adult exercise classes weekly, and Red Cross certification courses as scheduled. The Recreational Pool holds 2 Arthritis classes and 2 Shallow Water classes. In addition, the recreational pool is also utilized for group swim lessons, private swim lessons and lane rentals. The lap pool holds Deep Water & Shallow Water exercise classes, Rec. Swim Team, Private Swim Lessons, Lap Swim, and lane rentals. Additionally, we plan on offering Red Cross Lifeguard Instructor certification/recertification courses this year. This certification class has the potential to bring aquatic professionals from across Riverside County to our facility. The hours of operation for the public are Monday - Friday 5:30am to 7pm, May - September Saturdays 7am - 7pm and Sunday’s 8am to 7pm. During October - April Saturdays are open from 7am - 5pm and Sunday’s 8am - 5pm. Throughout the year different user groups rent out space and we adjust operational hours as it is financially beneficial. User groups can rent space at the facility with 48 hours’ notice. All of this requires the pool schedule to be fluid. Programs and Item 1G-122 Page | 21 lane availability are scheduled using an online calendar that is shared with the public on the Aquatic Center website (See an example attached appendix S). Additionally, staff use a detailed pool map to set up the facility (See example in the attached appendix T). How to make programs/classes responsive and/or inclusive to persons with disabilities : 1. Safe entries into the water via a hoist, lift, or supported entry down a ramp. 2. Specific instructions for aids in the water, so they can help with activities for persons with physical disabilities in a planned and structured way. 3. Information for people with disabilities in the class, particularly if they are swimming for the first time at the facility. 4. Group activities for people with physical disabilities which take their needs into account (e.g. rolling front to back, learning to maintain body position, being comfortable using an aid to float). 5. Individual activities which are d esigned as an exercise for people with a disability, such as push off from the wall and float into a glide position, or doing a safe slide into the pool, or learning to propel in the water wearing a life jacket. 6. Swim lessons/programs planned in advance to best accommodate persons with disabilities without compromising the skills they will learn. 7. Safe exit from the pool. Monitoring and evaluating programs for improvements and fiscal responsibility: 1. At the conclusion of every swim lesson session, every participant is given a YMCA aquatics evaluation that they are asked to complete for the instructor. This evaluation Item 1G-123 Page | 22 sheet includes questions such as ‘was the program helpful’ and ‘what can we do to improve our programs’. 2. To monitor programs for fiscal responsibility, we review participation in the program and program costs, including staffing and supplies. The Aquatic Manager works with the YMCA Accounting Manager to review program revenue and make adjustments such as program fee increases, staffing adjustments, program cancellations, etc. Registration for Programs: See attached appendix U 1. The YMCA has a program registration in place for patrons to register for any Aquatics programs that they wish to enroll. To participate in selected programs, patrons must complete an information form for emergency purposes and a program registration form for each class they wish to enroll in. The information forms will be put into the registration system and updated as necessary. 2. The YMCA has a digital/physical waiver form that patrons must fill out prior to participating in any Aquatic program offer by the YMCA. 3. See attached appendix V Marketing – The YMCA will use various forms of social media to keep all audiences engaged throughout the year. Target audiences will vary based on the season. March-September we will target families for our group swim lessons, and recreational swim. Public and Private schools are targeted April-June for school field trips and full facility rentals. The YMCA works with the City of Palm Desert’s contracted PR/Marketing Firm to advertise through the Aquatic Center website, social media, radio, and billboards. The YMCA uses its various program locations, constant contact, website, social media, and school districts to market the Aquatic Center. Item 1G-124 Page | 23 Procurement Planning Proposed Services – Our standard purchase policy would stay in place, for items over $5,000.00 we would require 3 bids and PO’s need purchaser’s signature along with those of the department head and CEO. Items are inspected at time of delivery and once accepted that are logged in as assets. The YMCA will continue to write grants to enhance equipment for programs, life-saving equipment, first aid supplies, lifeguard supplies and facility management supplies. Employee/labor relations are managed by our Chief Operating Officer/Human Resources department. We post our available jobs to the public through a variety of online platforms as well as in person. Selection is based on qualifications; we do not discriminate due to race, age, religion, or sex. 2023-24 Budget & 5-Year Projected Budget Attached Conflict of Interest – No conflict of interest Exceptions/Deviations – None Appendix Item 1G-125 Item 1G-126 Item 1G-127 Item 1G-128 Family YMCA of the Desert Proposal to City of Palm Desert Aquatic Center Appendices Appendix A: Staff Resumes and Certifications………………………………...………………pg. 1 Appendix B: YMCA Organization Charts………….………………………….....……………..pg. 16 Appendix C: Swim Lesson Program Overview, Guide & Evaluation form……….....…...….pg . 19 Appendix D: Job Descriptions & Wage Scale ..……......…………………………….………..pg. 39 Appendix E: Zone Coverage Charts……………………………………………....…….……...pg. 89 Appendix F: Injury & Ouch Reports………………………………...…………….…………….pg. 94. Appendix G: Water Chemistry Test Log Sheet………………………………...…….….…….pg. 97 Appendix H: Policy & Procedure Manual (PPM)………..………………………...…………...pg. 99 Appendix I: Water Slide Daily Operation Checklist.……………………..……………..…....pg. 143 Appendix J: Daily Cleaning Duties Checklist…………...………….……………….…….…..pg. 145 Appendix K: Multi-Use Room Rental Agreement…………….………………………………pg. 154 Appendix L: Emergency Action Plan (EAP)…………..…………..…………………………..pg. 163 Appendix M: Fecal Incident Response Log…………………………………………………...pg. 185 Appendix N: Annual Pool Tarp Training……………………………………...……...………..pg. 187 Appendix O: Swim Testing……………………………………………………………………...pg. 189 Appendix P: Facitilty Rental Agreement………………..…….….……………………………pg. 192 Appendix Q: Training Checklists……………….…………..…...……………….....………....pg. 207 Appendix R: Lifeguard In-service Dates, Policy & Training Schedule……………..………pg. 212 Appendix S: Online Facility Calendar…………………………………………...…...……..…pg. 215 Appendix T: Pool Map..……………………………………………….………………………...pg. 217 Appendix U: YMCA Program/Registration Form and Fitness Class Waiver Form............pg. 219 Item 1G-129 Appendix A: Staff Resumes and Certifications Appendix | 1 Item 1G-130 David R. Keyes 43547 Campo Place • Indio, CA 92203 • davidkeyes@desertymca.org • 760.534.0206 PROFESSIONAL SUMMARY: Over a decade of working and management experience throughout all departments of the Palm Desert Aquatic Center. Safety is my number one priority, and the facility record reflects that. My detailed orientated, lead-by-example management style, hands-on approach, professionalism, patience, and friendly demeanor are key strengths that I attribute to the successful operations of the Palm Desert Aquatic Center. EXPERIENCE: Aquatic Manger April 2017 – Present Family YMCA of the Desert Palm Desert, CA • Oversees all operations including, but not limited to staff schedules, customer service relations, facility rentals, purchasing, pool operations, website, and monthly cash flow statements. • Prepares the annual fiscal budget. • Works consistently with city assigned marketing firm to promote the facility in all aspects. • Attends monthly meetings and collaborates with YMCA aquatic professionals throughout California. • Teach lifeguard classes and assist in monthly in-service training. • Works in various aquatic departments as necessary Aquatic Assistant Manager February 2016 – March 2017 Family YMCA of the Desert Palm Desert, CA • Assisted in marketing. • Attended facility meetings as necessary. • Budgeted payroll for front desk, lifeguard, and instructor staff • Collaborated with previous manager to work on annual fiscal budget • Continued all duties listed under Aquatic Program Manager Aquatic Program Manager and Lifeguard Supervisor May 2015 – January 2016 Family YMCA of the Desert Palm Desert, CA • Continued to create and implement new programs. • Assisted in creation of the current version of www.pdpool.com • Managed 30 - 70 lifeguards by organizing work schedules, provided adequate training through regular in- services, and evaluating their performance. • Held monthly in-service training for lifeguard staff. • Regulated staff skills through drills and evaluations. • Continued all duties listed under Aquatic Program Manager • Managed Front Desk Aquatic Program Manager May 2014 – April 2015 Family YMCA of the Desert Palm Desert, CA • Created and implemented new programs • Scheduled pool space for various user groups and PDAC programs by creating the pool map to avoid overbooking pool space • Oversaw swim instructors • Reconciliation of monthly rental income Appendix | 2 Item 1G-131 • Acted as Manager on Duty as necessary Aquatic Front Desk Manager January 2012 – April 2014 Family YMCA of the Desert Palm Desert, CA • Managed Front Desk staff and operations • Implemented ongoing policies and procedures • Hired, evaluated, disciplined and terminated Front Desk staff as necessary • Trained staff in customer service and the P.O.S. system Aquatic Front Desk and Concessions Manager April 2011 – December 2011 Family YMCA of the Desert Palm Desert, CA • Created rates for retail, food and beverage items • Oversaw merchandise, inventory, purchasing, and handling food • Oversaw both front desk and concessions staff • Trained concessions and front desk staff prior to the facility opening in customer service and P.O.S. system • CERTIFICATIONS: • Aquatic Facility Operator (AFO) • American Red Cross Lifeguard Instructor • American Red Cross Lifeguard/CPR/First Aid/AED EDUCATION: High School Diploma Graduation Date: June 2004 Palm Desert High School Palm Desert, CA Appendix | 3 Item 1G-132 Certificate ID: 00HOVRF Certificate of Completion david keyes has successfully completed requirements for Lifeguarding with CPR/AED For Professional Rescuers First Aid Epinephrine Auto-Injector Training Asthma Inhaler Training and Administering Emergency Oxygen conducted by American Red Cross Date Completed: 02/19/2021 Valid Period: 2 Years Instructors: Kenneth Cross To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00HOVRF Certificate ID: 00UGDJQ Certificate of Completion David Keyes has successfully completed requirements for Lifeguarding Instructor conducted by American Red Cross Date Completed: 07/15/2022 Valid Period: 2 Years Instructors: Rene Hickey To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00UGDJQ Appendix | 4 Item 1G-133 Mike Marshall 52290 Silver Star Trail • La Quinta, CA • mmarshall.ymca@gmail.com • 760.504.5108 PROFESSIONAL SUMMARY: Certified Commercial Swimming Pool Operator with over (25) years of related experience. Detail and result oriented, hands on professional. High energy, goal-based leader with (11) years of on- site management of facility and staff. Core strengths in safe compliant water quality, preventative maintenance, methods of approach, time allocation, budget considerations and effective communication. Ability to manage and complete multiple tasks /assignments simultaneously in a timely manner. EXPERIENCE: Facility Operations Manager 2012 – Present Family YMCA of the Desert Palm Desert, CA Owner/Operator 2009 – 2011 Precision Aquatics San Diego, CA Technician and Repair Manager 2005 – 2011 Golden State Pools San Diego, CA Technician 2002 – 2005 Guaranteed Pools San Diego, CA Technician 1998 – 2003 Bills Pool Service San Diego, CA Lifeguard 1994 – 1999 Scripps Ranch Swim and Racquet Club San Diego, CA CERTIFICATIONS: • Aquatic Facility Operator (AFO) • (AFO) Exam Committee- Appointed 11-1-22. • Certified Pool Operator (CPO) • American Red Cross Lifeguard Instructor • American Red Cross Lifeguard/CPR/First Aid/AED • American Red Cross First Aid for Public Safety Personnel (Title 22) • Lochinvar Heater Certified • Scissor, Fork and Boom Lift Certified- United Academy • Professional Pool Operators of America (PPOA) • National Recreational Parks Association (NRPA) • Heating Vacuum and Air Conditioned Trained • YMCA V6 Swim Instructor/Coach Appendix | 5 Item 1G-134 TRAINED AND QUALIFIED IN PALM DESERT AQUATIC CENTER SYSTEMS: Annual Service Maintenance 1. Pool Filters x3 2. Water Slides (QSI-Qualified Safety Inspection) 3. Splash Pool Features and Wheel Assembly 4. Diving Boards 5. Starting Platforms 6. Colorado Time Systems 7. Heaters x 5 8. Pool Deck Furniture 9. Lifeguarding Equipment Swimming Pools 1. Filtration- (DE- Diatomaceous Earth) 2. Backwashing- Media Recovery 3. Chlorination- Metering pumps and plumbing 4. Acid- PH Balancing 5. Alkalinity- Sodium Bicarbonate 6. Heaters- Boosters and Interface 7. Coolers- Motors and Fans 8. Ultraviolet System 9. Surge Pit and Automatic Water Fill Lines 10. Flag Set Compliance 11. Pool Tile Replace and Repair 12. Lane Line Repair 13. Pool Deck Repair 14. Swimming Pool Equipment Maintenance and Repair Building Systems 1. Lighting- Exterior and Interior 2. Solar Panel Operation and Maintenance 3. Air Conditioning Units 4. Locker Room Shower Boilers 5. Power and Relay System (Overhead Lighting) 6. Backup Batteries and Emergency Power Supply 7. Circuit Breakers and Power Distribution 8. Colorado Time Systems 9. Concessions Food Service Equipment Appendix | 6 Item 1G-135 On-Site Contact 1. City of Palm Desert/Public works 2. Pool Maintenance Contractor-Knorr Systems 3. Pool Chemical Provider-Waterline Technologies 4. Pump Contractor- Multi W Systems 5. Facility Plumbing/HVAC Contractor- Chris Wilson Plumbing 6. Facility Electrical Contractor-Palmer Electric 7. Musco Lighting- Bob Delmer 8. Art/Sculpture Maintenance- Signature 9. Pest Control- Extermapest 10. Landscape Contractor- Vintage 11. Assigned Contractors 12. Utilities- Gas, Power, Water EDUCATION: Bachelor of Arts in Early Childhood Education Graduated 2003 San Diego State University San Diego, CA San Diego Fire Academy 2008-2010 Miramar College San Diego, CA Appendix | 7 Item 1G-136 Certificate ID: 00HOVRI Certificate of Completion Mike Marshall has successfully completed requirements for Lifeguarding with CPR/AED For Professional Rescuers First Aid Epinephrine Auto-Injector Training Asthma Inhaler Training and Administering Emergency Oxygen conducted by American Red Cross Date Completed: 02/19/2021 Valid Period: 2 Years Instructors: Kenneth Cross To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00HOVRI Appendix | 8 Item 1G-137 Good Morning, CONGRATULATIONS, you have been selected to be a member of the AFO Exam Committee! This committee will meet with our professional testing company (PSI Services LLC) and NRPA staff 2-3 times. There will be one 1.5 to 2-hour meeting for item writing training virtually, item writing assignments will then be provided to work on during your own time, then another virtual meeting that can either be one 8-hour meeting or two 4-hour meetings. Please let me know if you are still interested and accept this invitation to join the committee? I will be sending out a doodle poll to get everyone’s availability for all meetings, once I have confirmed who has accepted being on the committee. ITEM WRITING TRAINING – 1.5 TO 2-HOUR MEETING Date: Early-Mid January 2023 ITEM WRITING ASSIGNMENTS – OWN TIME Date: Mid-January to Mid-February Task: Write exam questions and provide a reference from the AFO manual, 8th Edition. ITEM REVIEW MEETING – ONE 8-HOUR MEETING OR TWO 4-HOUR MEETINGS Date: Early March 2023 Task: Review, revise and approve each exam item. Double check each item can be referenced in the AFO manual. FINAL EXAM REVIEW – APRIL 2023 Task: Online review Thank you for your willingness to serve as a member of this committee and we look forward to working with you to ensure that the Aquatic Facility Operator (AFO) Certification program continues to meet the needs of all certificants. Please don’t hesitate to reach out with any questions. Take Care, Elizabeth Gonzales (she/her/hers) AQUATICS PROGRAM MANAGER NATIONAL RECREATION AND PARK ASSOCIATION 22377 Belmont Ridge Rd Ashburn, VA 20148 703.858.2186 | egonzales@nrpa.org www.nrpa.org Appendix | 9 Item 1G-138 Kenneth J. Cross 7208 Palo Alto Ave. Yucca Valley, CA 92284 cross.kenneth@gmail.com 760.409.1487 PROFESSIONAL SUMMARY: Experienced team builder with over a decade’s experience training young staff to safely and confidently perform their duties in positions of high responsibility. It is my goal to impart my curiosity for seeking out new skills and to create a supportive environment that encourages the mastery of emergency lifesaving skills. EXPERIENCE: Lifeguard Supervisor May 2019 - Present Family YMCA of The Desert Palm Desert, Ca •Managed 30-60 Lifeguards to safely facilitate patrons use of the facility •Created and maintained work and training schedules •Instructed Red Cross Lifeguard, First Aid and CPR/AED courses •Interviewed, trained and hired potential lifeguards to meet seasonal requirements •Continuously reviewed, updated, and reinforced facility Policies and Procedures and Emergency Action Plan Program Director Jun 2016 - May 2019 YMCA of Greater Long Beach Big Bear, Ca •Managed 15-30 staff in the operation of a year-round camp •Oversaw, ran and maintained 17 program areas including a zip line, climbing tower, rifle range, Lake and pool. •Instructed Red Cross Lifeguard, First Aid and CPR/AED courses • Interviewed, hired and trained potential program staff to meet seasonal requirements •Liaised with user groups to create a schedule of programs and activities Site Supervisor / Program Staff Jun 2015 - May 2016 YMCA of Greater Long Beach Big Bear, Ca •Managed 5 staff in the operation of an after school site serving 100 children. •Oversaw the aquatics department of a camp which included an outdoor pool, a private lake and a lifeguard staff of 12. •Instructed children and adults in programs including zip line, climbing tower, rifle range, canoes and swimming •Aided in minor construction projects and Provided photography and graphic design services. Site Supervisor / Program Instructor Aug 2009 - Apr 2013 Family YMCA of The Desert Palm Desert, Ca •Managed 6 staff in the operation of an after school site serving 100 children. •Created, scheduled, supplied and instructed curriculum for varying school subjects CERTIFICATIONS: Red Cross Lifeguard Instructor Red Cross CPR/AED Instructor Red Cross Lifeguard CPR/AED for the Professional Rescuer, First Aid, Administering Emergency Oxygen, Bloodborne Pathogens Training, Epinephrine Auto-Injector Training, Asthma Inhaler Training EDUCATION: Associates of Science in Graphic Design Graduation Date: February 2018 Full Sail University Appendix | 10 Item 1G-139 Appendix | 11 Item 1G-140 Andrea Lopez 44462 Elkhorn Trail • Indian Wells, CA • andrealopez75@yahoo.com • 760.625.7072 PROFESSIONAL SUMMARY: Have over 4 years of instructing and implementing water safety to the youth. Oversee all the users who inquire lane use at the facility and have frequent communication with them all. Maintain a friendly and open work environment within my employees of land and water programs. Schedule in accordance the overall day of the pool and provide lane availability both online for the patrons and to our staff. Review rental contracts and curate monthly invoices. Handle activity status and programs that are or will be starting. EXPERIENCE: Aquatic Programs Coordinator Sept 2022 – Present Family YMCA of the Desert Palm Desert, CA • Create and implement new programs. • Promote programs using different forms of media. • Oversee facility rentals, contracts, and monthly rental income. • Manage instructors of land and water programs. Swim Instructor June 2018 – Present Family YMCA of the Desert Palm Desert, CA • Actively scan areas of responsibility. • Prevent injuries on deck and in water. • Enforce rules of facility in a courteous manner. • Teach swim lessons in accordance to YMCA guidelines. • Give appropriate and positive feedback to children and parents who attend swim lessons. Caregiver February 2018 – Sept 2022 Elder Care La Quinta, CA • Attend to and provide care (general or specific) to elders who need assistances in their daily activities. • Responsibly handle prescribed medication. • Have empathetic skills and patience to work with those who have illnesses. • Provide companionship and positivity. CERTIFICATIONS: • American Red Cross Blood Pathogens Training • American Red Cross CPR/First Aid/AED For Professional Rescuers with AEO, Asthma, Epi • Therapeutic Nutrition • Preparing for a Disaster • LGBT Training • Guidelines for Interviewing Legally Appendix | 12 Item 1G-141 EDUCATION: Completed Coursework June 2020 University of Cal State San Bernardino Palm Desert, CA Associate’s Degree in Psychology Graduation Date: June 2016 College of the Desert Palm Desert, CA High School Diploma Graduation Date: May 2012 La Quinta High School Appendix | 13 Item 1G-142 Taylor Pellum 269 Tava Ln • Palm Desert, CA • taylorpellum12@gmail.com • 760-610-9564 PROFESSIONAL SUMMARY: Motivated with effective organizational, prioritization, and communication abilities. Establishes a strong relationship with employees and members of the community. Areas of expertise include customer service, inventory control, scheduling staff, and maintaining cash handling policies and procedures. EXPERIENCE: Front Desk & Concessions Manager June 2022 – Present Family YMCA of the Desert Palm Desert, CA • Hire, train, supervise, motivate, and schedule staff. • Uses excellent customer service skills, establishes, and maintains effective working relationships and feedback communications with other employees, officials, and all members of the public. • Assures concessions will follow state and local regulations. Ensures that Riverside County Environmental Health standards are met, and safety procedures are followed. • Purchase and inventory concessions items, sales merchandise, rental equipment, and office supplies as needed. • Leadership – Maintain a positive, upbeat role, promote, and exemplify company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner. Front Desk Lead August 2018 – June 2022 Family YMCA of the Desert Palm Desert, CA • Create topics for and dual lead Front Desk in-services with Aquatic Coordinator. • Work with the Aquatics Coordinator to keep all Front Desk information up to date and in stock. • Capable of assigning tasks to other Front Desk staff. • Leadership- Maintain a positive, upbeat role, promote, and exemplify company values and represents departmental objectives and interests to internal and external customers. Front Desk Associate May 2015 – August 2018 Family YMCA of the Desert Palm Desert, CA • Provide information to callers and patrons. • Greet visitors entering the facility. • General administrative and clerical support. • Receive program fees; enforce payment into facility. • Balance daily cash and credit card receipts at the end of each shift. • Daily use of POS system. CERTIFICATIONS: • American Red Cross CPR/First Aid/AED • American Red Cross Bloodborne Pathogens • International Food Safety Manager Appendix | 14 Item 1G-143 EDUCATION: High School Diploma Graduation Date: June 2014 Palm Desert High School Appendix | 15 Item 1G-144 Appendix B: YMCA Organization Charts Appendix | 16 Item 1G-145 Rev.01.12.2023 Chief Executive Officer Community Programs Director ECE Childcare Staff Board of Directors Family YMCA of the Desert Director of Development School Age Site Supervisors School Age Childcare Staff Facilities & Maint Director Chief Operations Officer Aquatics Director Lifeguard Supervisor Aquatics Coord. Lifeguards Swim/Fitness Instructors ECE Program Director ECE Program Site Supervisors Member Services Supervisor Member Services Maintenance Assistance Facilities Operations Supervisor Maintenance Associate Front Desk & Concession Manager Front Desk & Concessions Programs Staff (sport/wellness/fitness/camp) Program Director Finance Manager Development Associate Appendix | 17 Item 1G-146 Staff Organization Chart - Represents Direct Supervisor PDAC Manager Facility Operations Manager Aquatics Coordinator Office & Concessions Manager Lifeguard Supervisor Lead Lifeguards (MOD) Lifeguards Maintenance Assistant Swim & Fitness Instructors Front Desk & Concessions Staff Appendix | 18 Item 1G-147 Appendix C: Swim Lesson Program Overview, Guide & Evaluation form Appendix | 19 Item 1G-148 Program Overview Outcomes Having mastered the fundamentals, students learn additional water safety skills and build stroke technique, developing skills that prevent chronic disease, increase social-emotional and cognitive well-being, and foster a lifetime of physical activity. Outcomes Students build confidence, cultivate their passion, and stay active through specialized tracks. 1 Water Acclimation 2 Water Movement 3 Water Stamina 4 Stroke Introduction 5 Stroke Development 6 Stroke Mechanics A Water Discovery B Water Exploration Outcomes Accompanied by a parent, infants and toddlers learn to be comfortable in the water and develop swim readiness skills through fun and confidence- building experiences, while parents learn about water safety, drowning prevention, and the importance of supervision. Introduces infants and toddlers to the aquatic environment * We define parent broadly to include all adults with primary responsibility for raising children, including biological parents, adoptive parents, guardians, stepparents, grandparents, or any other type of parenting relationship. Focuses on exploring body positions, blowing bubbles, and fundamental safety and aquatic skills Increases comfort with underwater exploration and introduces basic self-rescue skills performed with assistance Encourages forward movement in water and basic self-rescue skills performed independently Develops intermediate self-rescue skills performed at longer distances than in previous stages Introduces basic stroke technique in front crawl and back crawl and reinforces water safety through treading water and elementary backstroke Introduces breaststroke and butterfly and reinforces water safety through treading water and sidestroke Refines stroke technique on all major competitive strokes and encourages swimming as part of a healthy lifestyle SWIM STROKES PATHWAYSSWIM BASICSSWIM STARTERS Competition Leadership Recreation Outcomes Students learn personal water safety and achieve basic swimming competency by learning two benchmark skills: - Swim, float, swim—sequencing front glide, roll, back float, roll, front glide, and exit - Jump, push, turn, grab Recommended skills for all to have around water Skills to support a healthy lifestyle Specialized tracksParent* & child lessons (Safety Around Water) Appendix | 20 Item 1G-149 Submerge retrieve object in chest-deep water Swim on front 15 yd. (10 yd. preschool) Water exit independently Jump, swim, turn, swim, grab 10 yd. Swim on back 15 yd. (10 yd. preschool) Roll Tread water 1 min. & exit (30 secs. preschool) Swim, float, swim 25 yd. (15 yd. preschool) Endurance any stroke or combination of strokes, 150 yd. Front crawl flip turn, 50 yd. Back crawl pull & flip turn, 50 yd. Dive standing Resting stroke elementary backstroke or sidestroke, 50 yd. Tread water retrieve object off bottom, tread 1 min. Breaststroke open turn, 50 yd. Butterfly 25 yd. Endurance any stroke or combination of strokes, 25 yd. Front crawl rotary breathing, 15 yd. Back crawl 15 yd. Dive sitting Resting stroke elementary backstroke, 15 yd. Tread water scissor & whip kick, 1 min. Breaststroke kick, 15 yd. Butterfly kick, 15 yd. Endurance any stroke or combination of strokes, 50 yd. Front crawl bent-arm recovery, 25 yd. Back crawl pull, 25 yd. Dive kneeling Resting stroke sidestroke, 25 yd. Tread water scissor & whip kick, 2 mins. Breaststroke 25 yd. Butterfly simultaneous arm action & kick, 15 yd. Submerge look at object on bottom Front glide 10 ft. (5 ft. preschool) Water exit independently Jump, push, turn, grab Back float 20 secs. (10 secs. preschool) Roll Front float 20 secs. (10 secs. preschool) Back glide 10 ft. (5 ft. preschool) Tread water 10 secs., near wall, & exit Swim, float, swim 5 yd. School Age 5–12 yrs. Stages 1–6 Teen & Adult 12+ yrs. Stages 1–6 Preschool 3–5 yrs. Stages 1–4 Infant & Toddler 6 mos. –3 yrs. Stages A–B SWIM STROKES PATHWAYSSWIM BASICS Recommended skills for all to have around water Skills to support a healthy lifestyle Specialized tracks SWIM STARTERS Parent & child lessons Submerge bob independently Front glide assisted, to wall, 5 ft. Water exit independently Jump, push, turn, grab assisted Back float assisted, 10 secs., recover independently Roll assisted Front float assisted, 10 secs., recover independently Back glide assisted, at wall, 5 ft. Swim, float, swim assisted, 10 ft. Blow bubbles on surface, assisted Front tow chin in water, assisted Water exit parent & child together Water entry parent & child together Back float assisted, head on shoulder Roll assisted Front float chin in water, assisted Back tow assisted, head on shoulder Wall grab assisted Blow bubbles mouth & nose submerged, assisted Front tow blow bubbles, assisted Water exit assisted Water entry assisted Back float assisted, head on chest Roll assisted Front float blow bubbles, assisted Back tow assisted, head on chest Monkey crawl assisted, on edge, 5 ft. 1 Water Acclimation 2 Water Movement 3 Water Stamina 4 Stroke Introduction 5 Stroke Development 6 Stroke Mechanics A Water Discovery B Water Exploration Competition Leadership Recreation Stages of Learning Copyright © 2016 by YMCA of the USA. All rights reserved.YMCA Swim Lessons | V6 Appendix | 21 Item 1G-150 SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish WELCOME 5 mins.8mins.0 mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. GREETING - Reinforce the need to ask permission. - Learn and use names. - Share pool and safety rules. - Set behavior expectations. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game There are no skills to review today. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.1 CAUTION: Limit participants to a single inhalation whenever you ask them to hold their breath and submerge. Set safety limits when setting up activities that involve submerging or swimming underwater. When conducting a swim lesson, only touch and hold children when it is appropriate to do so to accomplish a teaching objective. Do not ever touch children in private areas covered by a swimsuit. Appendix | 22 Item 1G-151 INTRODUCE & SEQUENCE SKILLS 7 mins.5mins.TOPIC 1.1 WRAP-UP5mins. FRONT GLIDE 1 Front walk to wall, face submerged 2 Front glide, assisted, holding wall 3 Front glide, assisted, to wall, one arm’s length, feet on bottom 4 Front glide, assisted, to wall, 5 ft. Skill & Topic Library: Activities Noodle Glide Target Glide Tube Pull or Rope Pull WATER EXIT 1 Elbow, elbow, tummy, knee, assisted 2 Water exit, independently Skill & Topic Library: Activities In & Out Treasure Chest Wake-Up Shark JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. YMCA Swim Lessons | V6Copyright © 2016 by YMCA of the USA. All rights reserved. BUILDING RELATIONSHIPS To get acquainted, have all students share their names and one thing about themselves: - Favorite food, animal, or activity - Favorite thing to do in the water - What they did that day Celebrate first-day achievements, such as the following, as a group: - Listening - Helping others - Effort Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.1 continued Appendix | 23 Item 1G-152 WELCOME FRONT GLIDE 1 Front walk to wall, face submerged 2 Front glide, assisted, holding wall 3 Front glide, assisted, to wall, one arm’s length, feet on bottom 4 Front glide, assisted, to wall, 5 ft. Skill & Topic Library: Activities Noodle Glide Target Glide Tube Pull or Rope Pull WATER EXIT 1 Elbow, elbow, tummy, knee, assisted 2 Water exit, independently Skill & Topic Library: Activities In & Out Treasure Chest Wake-Up Shark 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.2 1–2mins. Appendix | 24 Item 1G-153 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.2 WRAP-UP5mins. BACK FLOAT 1 Standing, head back, assisted 2 Standing, head back, on one foot, assisted 3 Back float, assisted, 10 secs. 4 Back float, assisted, 10 secs., recover independently Skill & Topic Library: Activities Animal Float Tummy Ride Watermelon Tummy ROLL 1 Roll, assisted, back to front & front to back Skill & Topic Library: Activities Alligator Roll Hula-Hoop Roll Roller Coaster Ride JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. THE Y's CORE VALUES Explain that core values are the shared beliefs that guide our behavior and interactions. List the Y’s four core values: - Caring: Show a sincere concern for others - Honesty: Be truthful in what you say and do - Respect: Follow the golden rule - Responsibility: Be accountable for your promises and actions Ask students to explain what each value means and share an example of how they’ve demonstrated one of the core values. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.2 continued YMCA Swim Lessons | V6 Appendix | 25 Item 1G-154 WELCOME BACK FLOAT 1 Standing, head back, assisted 2 Standing, head back, on one foot, assisted 3 Back float, assisted, 10 secs. 4 Back float, assisted, 10 secs., recover independently Skill & Topic Library: Activities Animal Float Tummy Ride Watermelon Tummy ROLL 1 Roll, assisted, back to front & front to back Skill & Topic Library: Activities Alligator Roll Hula-Hoop Roll Roller Coaster Ride 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.3 1–2mins. Appendix | 26 Item 1G-155 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.3 WRAP-UP5mins. FRONT GLIDE 1 Front walk to wall, face submerged 2 Front glide, assisted, holding wall 3 Front glide, assisted, to wall, one arm’s length, feet on bottom 4 Front glide, assisted, to wall, 5 ft. Skill & Topic Library: Activities Noodle Glide Target Glide Tube Pull or Rope Pull ROLL 1 Roll, assisted, back to front and front to back Skill & Topic Library: Activities Alligator Roll Hula-Hoop Roll Roller Coaster Ride LIFEGUARDS Ask students to explain the lifeguard’s job in the pool area: - Watches the pool to make sure everyone is safe while they are swimming - Makes sure everyone follows the rules and maintains a safe environment Discuss when students should go to a lifeguard: - If they are hurt - If they can’t find their parent or another family member - If they have a question - If they are being bullied JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.3 continued YMCA Swim Lessons | V6 Appendix | 27 Item 1G-156 WELCOME FRONT GLIDE 1 Front walk to wall, face submerged 2 Front glide, assisted, holding wall 3 Front glide, assisted, to wall, one arm’s length, feet on bottom 4 Front glide, assisted, to wall, 5 ft. Skill & Topic Library: Activities Noodle Glide Target Glide Tube Pull or Rope Pull ROLL 1 Roll, assisted, back to front & front to back Skill & Topic Library: Activities Alligator Roll Hula-Hoop Roll Roller Coaster Ride 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.4 1–2mins. Appendix | 28 Item 1G-157 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.4 WRAP-UP5mins. FRONT FLOAT 1 Standing, face submerged, assisted 2 Standing, face submerged, on one foot, assisted 3 Front float, assisted, 10 secs. 4 Front float, assisted, 10 secs., recover independently Skill & Topic Library: Activities Animal Float Be Like Starfish BACK GLIDE 1 Back walk, head back, away from wall, assisted 2 Back glide, assisted, at wall, on one foot 3 Back glide, assisted, at wall, 5 ft. Skill & Topic Library: Activities Hula-Hoop Glide Target Glide Tube Pull or Rope Pull JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. BENCHMARK SKILLS Describe the two skills students can use to get to the side of the pool if they are in trouble and why each of them is important: - Jump, push, turn, grab helps you safely exit the pool by pushing off the bottom, grabbing the wall, and climbing out. - Swim, float, swim helps you get to the side of the pool if you are not within reach by swimming on your front, rolling to your back to breathe when you get tired, grabbing the wall, and climbing out. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.4 continued YMCA Swim Lessons | V6 Appendix | 29 Item 1G-158 WELCOME FRONT FLOAT 1 Standing, face submerged, assisted 2 Standing, face submerged, on one foot, assisted 3 Front float, assisted, 10 secs. 4 Front float, assisted, 10 secs., recover independently Skill & Topic Library: Activities Animal Float Be Like Starfish BACK GLIDE 1 Back walk, head back, away from wall, assisted 2 Back glide, assisted, at wall, on one foot 3 Back glide, assisted, at wall, 5 ft. Skill & Topic Library: Activities Hula-Hoop Glide Target Glide Tube Pull or Rope Pull 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.5 1–2mins. Appendix | 30 Item 1G-159 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.5 WRAP-UP5mins. JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. SUPERVISION Discuss why it is important to have an adult present, supervising and watching, when swimmers are in the water: Adults make sure you are safe and help you if you are in trouble. Remember to always ask permission before going near any water. Ask students whether an adult who is on the phone or reading a magazine is properly supervising: No. The adult is distracted. An adult needs to be attentive in case someone needs help quickly. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.5 continued YMCA Swim Lessons | V6 Appendix | 31 Item 1G-160 WELCOME 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.6 1–2mins. Appendix | 32 Item 1G-161 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.6 WRAP-UP5mins. JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. REACH OR THROW, DON'T GO Explain why it’s important not to jump in to save a friend who is struggling in the water and what to do instead: A panicked person in the water can grab you and pull you under. Use an object to reach out to your friend and pull him or her back to the shore, the bank, or the side of the pool. Use anything long enough to extend your reach or help your friend float, such as a pool noodle. Have students practice a reaching assist and a throwing assist using various objects. Make sure they stay low to the ground and keep themselves safe. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.6 continued YMCA Swim Lessons | V6 Appendix | 33 Item 1G-162 WELCOME 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.7 1–2mins. Appendix | 34 Item 1G-163 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.7 WRAP-UP5mins. SWIM, FLOAT, SWIM - With life jackets on, perform swim, float, swim, assisted, 10 ft. - Take life jackets off and perform swim, float, swim, assisted, 10 ft. Skill & Topic Library: Activities Alligator Swim Partner Swim, Float, Swim Scenarios JUMP, PUSH, TURN, GRAB 1 Jump & grab wall, assisted 2 Jump, push off bottom, grab wall, assisted 3 Jump, push, turn, assisted by guiding wrist, grab wall 4 Jump, push, turn, grab, assisted Skill & Topic Library: Activities Chop, Chop, Timber Favorite Animal Walk, Turn, Walk, Grab Take a moment to reflect on and celebrate with students the progress they made during today's lesson. Copyright © 2016 by YMCA of the USA. All rights reserved. LIFE JACKETS Discuss when to use life jackets: Until you pass a swim test, you should wear a life jacket in the water. Everyone, even strong swimmers, should wear a life jacket when participating in water sports, boating, or watercraft activities. In case of an accident, a life jacket will help you float until help arrives. Discuss what to look for in a life jacket: A proper life jacket should have the United States Coast Guard’s seal of approval on the inside of the jacket. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.7 continued YMCA Swim Lessons | V6 Appendix | 35 Item 1G-164 WELCOME 3mins.5mins.WARM-UP REVIEW SKILLS Designed for an eight-day session of 30-minute lessons. Adjust as needed. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. SUBMERGE 1 Blow bubbles 2 Get head & face wet 3 Submerge head 4 Submerge, bob independently Skill & Topic Library: Activities Dig for a Bone Magic Soap Talk to the Fish GREETING - Reinforce the need to ask permission. - Use names. - Share pool and safety rules. - Review last lesson’s skills and topics. - Demonstrate today’s skills. Skill & Topic Library: Activities Animal Names Ask Permission Name Game Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.8 1–2mins. Appendix | 36 Item 1G-165 INTRODUCE & SEQUENCE SKILLS 10mins.5mins.TOPIC 1.8 WRAP-UP5mins. SAFE SWIM AREA Discuss what could be dangerous in the pool: - Broken glass - Cloudy water - Diving in shallow water - Swimming without an adult present - Pool drains Remind students never to approach water without an adult present and to look before they leap. GROUP GAME To celebrate achievement, play a group game that involves everyone, including the instructor. Skill & Topic Library: Activities Have students select an activity. Copyright © 2016 by YMCA of the USA. All rights reserved. REVIEW SKILL Work on skills that need improvement. Skill & Topic Library: Activities Select appropriate activities for the reviewed skill. Lesson Guide1 / WATER ACCLIMATION Lesson Guide 1.8 continued YMCA Swim Lessons | V6 Appendix | 37 Item 1G-166 Appendix | 38 Item 1G-167 Appendix D: Job Descriptions & Wage Scale Appendix | 39 Item 1G-168 JOB DESCRIPTION Job Title: Aquatics Director Incumbent: David Keyes Department: Aquatics Reports to: CEO FLSA Classification: Full-time, Exempt Supervises: Yes; 30+ Employees Created / Updated: 11/2020 POSITION OVERVIEW To represent the YMCA personally, professionally and in a manner in accordance with the mission and goals of the YMCA. Under the supervision of the CEO, the position will be responsible for overseeing all facets of the Aquatic Facility (Palm Desert Aquatic Center). ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Oversee Daily operations of the Aquatics Facility as a whole, including but not limited to staff, programs, concessions, and maintenance • Develop, implement, and oversee new and current aquatics programs that reflect the community needs and maintains the Y’s high quality and safety standards • Provide a wide variety of program offering, including but not limited to progressive swim lesion, recreation, lap swim, water exercise and lifeguard certification program • Understand and cultivate the relationships of the public to the association of staff to volunteer and of staff to staff • Ability to develop and implement annual budges for the Aquatics Department and manage agreed upon budgets within the operating guidelines • Ensure the pools meet all health and safety standards including a clean environment, water temperature, chemical balance, and timely pool water testing/backwashing • Assists in overseeing all paid and volunteer instructors and lifeguards as programs dictate and budget guidelines allow • Ensure that all staff are up to date at all time with required certifications and trainings • Oversees the daily deposits from the front desk staff • Review and evaluate program enrollment and retention, and communicate these findings to the CEO • Establish a well-rounded relationship with the City of Palm Desert and maintain communication as necessary • Work closely with Public Relations and Marketing to provide for timely and frequent news releases, flyers, advertising, and other forms of publications to effectively promote the Aquatics Facility and program offerings • Clearly describe and assign responsibilities and authority for the operation of the department • Develop, implement, and monitor work schedules for facility operations within budget • Monitor program registrations and participant records • Purchas and care for department related supplies, including concession supplies, retail, chemicals and safety and training equipment • Participate in staff meetings, Board of Director meetings and professional development trainings as necessary • Role model and incorporate character development values of caring, honesty, respect, and responsibility into the daily operations of the Aquatic Center • Implements and educates the staff and volunteers on the YMCA IIPP and HIPP programs Appendix | 40 Item 1G-169 • Makes the necessary decisions of hiring, termination, and disciplinary action of staff • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Bachelor’s degree preferred but will accept qualified experience in leu of degree. • Minimum of 4 years of experience in instruction and management of a variety of aquatics programs. • Minimum of 2 years of experience in pool maintenance and operating a 50-meter pool. Required Technical / Other Skills and Abilities • Ability to maintain Certifications and stay current • Knowledge of Microsoft Office products • Knowledge of budgets Required Licenses/Certifications • Aquatics Facility Operator Certification • Lifeguard Instructor Certification • C.P.R. Certification • First Aid Certification • Oxygen Administration Certification • AED Certification PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has access to confidential information – such as customer personal data, credit cards, and legal documents as necessary COMPANY FUNDS This position has access to company funds: cash register funds – cash / credit / debit card information. Appendix | 41 Item 1G-170 ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 42 Item 1G-171 PHYSICAL DEMANDS OF POSITION Job Title: Aquatics Director Date: 11/11/2020 How many hours are worked per day? 8 When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ x Walk ☐ ☐ ☐ x Sit ☐ ☐ x ☐ Use hands to finger, handle or feel ☐ ☐ ☐ x Reach with hands and arms over shoulder ☐ ☐ x ☐ Reach with hand and arms over head ☐ ☐ x ☐ Climb or balance ☐ ☐ x ☐ Stoop, kneel, crouch, or crawl ☐ ☐ x ☐ Talk or hear ☐ ☐ ☐ x Taste or smell ☐ ☐ ☐ x i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ x Up to 25 pounds ☐ ☐ x ☐ Up to 50 pounds ☐ x ☐ ☐ Up to 100 pounds x ☐ ☐ ☐ More than 100 pounds x ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. x Close Vision (clear vision at 20 inches or less) x Distance vision (clear vision at 20 feet or more) x Color vision (ability to identify and distinguish colors) x Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) x Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) x Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Lifeguarding Pool Maintenance/Cleaning Lifeguard Trainings Pool Chemical Tests Receiving Orders and Stocking Supplies Installing Pool Machinery Covering/Uncovering Pools Facility Cleaning Appendix | 43 Item 1G-172 JOB DESCRIPTION Job Title: Facility Operations Manager Incumbent: ______________________________________ Department: Aquatics Reports to: Aquatics Director FLSA Classification: Exempt – Full time Supervises: Yes, 1-2 Created / Updated: 01/2023 POSITION OVERVIEW Performs a variety of general and specialized maintenance and repairs on pool, pool equipment, and pool facility. Responsible for maintaining, documenting, and ensuring attractive, sanitary, and safe swimming pools and facilities for all users. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Responsible for all and any day-to-day maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. • Responsible for daily site survey of all pools, decks, pool amenities, and facility. • Maintains all pools to meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.). • Responsible to maintain consistent high levels of water clarity and cleanliness on all pools. • Inspects and maintains records on all pools and equipment. • Performs preventative maintenance on mechanical, electrical, and related equipment. • Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, messes and chemical spillage. • Monitors inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed. • Follows all safety precautions required when using hazardous materials, assigned tools, and machinery. • Assists with setup and/or movement of equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for special events. • Prepares purchase orders for the purpose of securing needed supplies. • Provides data and reports as required for assigned equipment and programs. • Hires, oversees, schedules, disciplines, and evaluates staff • Ability to prioritize time and meet deadlines as scheduled. • Ability to plan and supervise the work of others. • Knows mechanical, electrical, and construction repair techniques. • Organized and works well independently. • Point of contact with the City of Palm Desert for operations of the facility or project management regarding facility changes/updates to property/building/maintenance. • Utilize organizations digital workorder system and delegate work order duties to qualified staff needed. • Has specific knowledge and awareness of potential safety hazards. • Ability to work cooperatively in a team environment. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers Appendix | 44 Item 1G-173 • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Must have high school diploma or equivalent • Minimum of 3 years commercial pool maintenance experience • Experience in the following: DE Filtration system operation, Lochinvar pool heaters, Glacier pool chillers, pool chemistry, filtration, and mechanical systems. Required Technical / Other Skills and Abilities • Ability to read and understand blueprints, mechanical and repair manuals • Ability to use judgement effectively to ensure that jobs are completed in the safest and most cost-effective way. • Ability to work with subcontractors and bid out work. Required Licenses/Certifications • Must have a current AFO and /or CPO Certification PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has access to company funds: Company credit / debit card information. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: Appendix | 45 Item 1G-174 PHYSICAL DEMANDS OF POSITION Job Title: Facility Operations Manager Date: Click here to enter a date. How many hours are worked per day? 8 When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ X Walk ☐ ☐ ☐ X Sit ☐ X ☐ ☐ Use hands to finger, handle or feel ☐ ☐ ☐ X Reach with hands and arms over shoulder ☐ ☐ ☐ X Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ ☐ X ☐ Stoop, kneel, crouch, or crawl ☐ ☐ X ☐ Talk or hear ☐ ☐ ☐ X Taste or smell X ☐ ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ X Up to 25 pounds ☐ ☐ ☐ X Up to 50 pounds ☐ ☐ X ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds ☐ X ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 46 Item 1G-175 JOB DESCRIPTION Job Title: Lifeguard Supervisor Incumbent: ______________________________________ Department: Aquatics Reports to: Aquatics Director FLSA Classification: Exempt /Full time Supervises: Yes 20-45 Created / Updated: 1/2022 POSITION OVERVIEW This position reports to the Aquatics Director. The Lifeguard Supervisor oversees the Lifeguards on duty and their work schedules while maintaining safe swimming conditions in the pool, deck, and surrounding areas. Manages the daily pool schedules. Creates a safe and positive atmosphere that promotes member safety and engagement in accordance with YMCA policies and procedures. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Responsible for the hiring, training, and firing of lifeguard/lead lifeguard staff. • Preform daily inventory counts. • Process purchase orders and reversals as needed. • Update fiscal expense budget as purchase orders are received. • Oversee all lifeguards on duty. • Primary responder in an emergency. • Create and oversee lifeguard and swim instructor work schedules. • Knows/reviews all emergency procedures and responds to emergency situations immediately in accordance with YMCA policies and procedures. Completes related reports as required and ensure all staffed lifeguard certifications are current. • Acts as Lead Lifeguard when needed. • Uses excellent customer service skills, establishes and maintains effective working relationships and feedback communications with other employees, officials, and members of the general public. • Knows, understands, and consistently applies safety rules, policies and guidelines for the pool and aquatic area. • Maintains accurate records as required by the YMCA, Riverside County, and/or the state Health Department code. • Sets up deck for all events. • Performs equipment and form checks; ensuring appropriate equipment and forms are available as needed. • Report faulty equipment/maintenance issues. • Performs chemical testing at appropriate times of the day, as required, and takes appropriate action. • Create and maintain a facility cleaning program. • Creates lifeguard training/in-service programs. • Attends all staff meetings and trainings as required. • Maintain lifeguard scheduling, call offs, and absences. • Process lifeguard time sheets at the end of payroll using the company payroll system. • Update schedules and changes in company payroll system timely for lifeguards. Appendix | 47 Item 1G-176 • Perform all duties as necessary including weekends, early mornings, evenings, special events, and be on call for emergencies. • Leadership – Maintain a positive, upbeat role, promote and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Minimum age of 21 years • 2 years of management experience required • High School Diploma or GED Required Technical / Other Skills and Abilities • Ability to maintain certification level of physical and mental readiness • Must demonstrate lifeguard skills in accordance with American Red Cross standards • Ability to remain calm under pressure or in emergency situations Required Licenses/Certifications • CPR for the Professional Rescuer • AED Certification • Basic First Aid Certification • American Red Cross Lifeguarding Certification • Red Cross LGI Certification or be willing to get it with in 9 months of employment. PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has no access to company funds. Appendix | 48 Item 1G-177 ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 49 Item 1G-178 PHYSICAL DEMANDS OF POSITION Job Title: Lifeguard Supervisor Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ X ☐ ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ X ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ X Up to 25 pounds ☐ ☐ ☐ X Up to 50 pounds ☐ ☐ X ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: This position requires walking and standing 75% of the time. Ensures great eyesight to be able to watch the pool deck and lifeguards as well as participants and guests. The position required lifting at least 10 pounds frequently, Appendix | 50 Item 1G-179 moving heavy equipment. Position will require some sitting for computer and desk work for administration purposes. Appendix | 51 Item 1G-180 JOB DESCRIPTION Job Title: Aquatics Coordinator Incumbent: _______________________________ Department: Aquatics Reports to: Aquatics Director FLSA Classification: Non-Exempt, Full time Supervises: Yes, 6-24 Created / Updated: 02/22 POSITION OVERVIEW Under the general supervision of the Aquatics Director, this position hires, recruits and trains supporting assigned staff. Assists in oversight of facility operations, programs, and marketing. Provides liaison to committee(s) and advisory board(s). ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Hire, train, supervise, motivate, schedule, and discipline assigned staff. • Uses excellent customer service skills, establishes, and maintains effective working relationships and feedback communications with other employees, officials, and all members of the public. • Develops and controls department budgets related to the position. • Ensures high quality customer service and staff development through evaluations and ongoing training of staff. • Assists the Aquatics Director with marketing through social media platforms. • Provides data, reports, and POS adjustments as required for rentals, daily transactions, and assigned programs • Schedule facility/pool rentals long term/short term and prepares invoices for all user groups. • Ensure the facility/pool schedules are up to date for both public and staff use. • Oversee and coordinate all programs. • Knows and reviews all emergency procedures and responds to emergency situations immediately. Complete related reports as required. • Ensure all swim instructors are current in their required certifications. • Maintain program records including but not limited to, registrations, attendance, evaluations, and follow-ups of participants. • Ability to prepare, organize, and teach instructional, reactional, fitness, and therapeutic swim lessons as assigned in accordance with YMCA standards. • Ability to plan and supervise the work of staff and volunteers effectively. • Ability to work cooperatively in a team environment. • Strong organizational, leadership and communication skills required. • Prefer knowledge of and previous experience with diverse populations. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned Appendix | 52 Item 1G-181 QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • AA in human services, recreation, business or equivalent; preferred but will accept qualified experience in leu of degree. • Two or more years of management experience. • Two or more years of hiring and training experience • Two or more years of customer service experience • Preferred two years of experience in Aquatics Required Technical / Other Skills and Abilities • Ability to plan, train, and supervise the work of staff and volunteers effectively • Excel, Word, and Power Point experience • Ability to demonstrate swim instructor skills in accordance with YMCA standards. • Ability to maintain certification level of physical and mental readiness. • Ability to demonstrate skills in accordance with American Red Cross standards. • Point of sales software experience preferred Required Licenses/Certifications • Red Cross CPR for the Professional Rescuer • Red Cross AED, Basic First Aid Certifications • Red Cross Administering Emergency Oxygen Certification • YMCA Level 6 Instructor Certification or equivalent • Current WSI preferred • Current American Red Cross Lifeguard certification preferred PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has access to confidential information – customer personal data, credit cards, medical records, staff personal data, and wages. COMPANY FUNDS This position has access to company funds: - cash register funds – cash / credit / debit card information. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Appendix | 53 Item 1G-182 Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 54 Item 1G-183 PHYSICAL DEMANDS OF POSITION Job Title: Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ ☐ ☐ X i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ X Up to 25 pounds ☐ ☐ ☐ X Up to 50 pounds ☐ X ☐ ☐ Up to 100 pounds X ☐ ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 55 Item 1G-184 JOB DESCRIPTION Job Title: Aquatics Front Desk & Concessions Manager Incumbent: _______________________________ Department: Aquatics Reports to: Aquatics Director FLSA Classification: Non-Exempt, Full time Supervises: Yes, 6-24 Created / Updated: 02/22 POSITION OVERVIEW Under the general supervision of the Aquatics Director, this position hires, recruits and trains supporting assigned staff. The Front Desk & Concessions Manager will supervise the front desk and concession staff and coordinate the operations of front desk and concessions. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Hire, train, supervise, motivate, schedule, and discipline assigned staff. • Uses excellent customer service skills, establishes, and maintains effective working relationships and feedback communications with other employees, officials, and all members of the public. • Develops and controls department budgets related to the position. • Assures concessions will follow state and local regulations. Ensures that Riverside County Environmental Health standards are met, and safety procedures are followed. • Maintain accurate records as required by the YMCA and/or the Riverside County Environmental Health Department. • Purchase and inventory concession items, sales merchandise, rental equipment, and office supplies as needed. • Coordinate merchandising for all programs, rentals, and special events • Staff development through evaluations and ongoing training of staff. • Provides data, reports, and POS adjustments as required for rentals, daily transactions, and assigned programs • Assists the Aquatics Director with marketing through social media platforms. • Ability to plan and supervise the work of employees effectively. • Ability to work cooperatively in a team environment. • Strong organizational, leadership and communication skills required. • Prefer knowledge of and previous experience with diverse populations. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Appendix | 56 Item 1G-185 Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • AA in human services, recreation, business or equivalent; preferred but will accept qualified experience in leu of degree. • Two or more years of management experience. • Two or more years of hiring and training experience • Two or more years of customer service experience • Two or more years of food handling experience • Preferred two years of experience in Aquatics Required Technical / Other Skills and Abilities • Ability to plan, train, and supervise the work of staff and volunteers effectively • Excel, Word, and Power Point experience • Point of sales software experience Required Licenses/Certifications • International Food Safety Manager Certification PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has access to confidential information – customer personal data, credit cards, medical records, staff personal data, and wages. COMPANY FUNDS This position has access to company funds: - cash register funds – cash / credit / debit card information. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 57 Item 1G-186 PHYSICAL DEMANDS OF POSITION Job Title: Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ ☐ ☐ X i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often ? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ X Up to 25 pounds ☐ ☐ X ☐ Up to 50 pounds ☐ ☐ X ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) ☐ Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 58 Item 1G-187 JOB DESCRIPTION Job Title: Lead Concessions Incumbent: ______________________________________________ Department: Aquatics Reports to: Aquatics Coordinator FLSA Classification: Non-Exempt, Part Time; Seasonal Supervises: No Created / Updated: 07/2022 POSITION OVERVIEW Under the general supervision of the Front Desk & Concessions Manager, the Lead Concessions will provide and service the public with food service and retail purchases, while maintaining excellent customer service. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Assist Front Desk & Concession Manager with inventory • Lead the Concession staff, to maintain quality of service, food and customer service. • Train and onboard the Concession staff, on the point o f sales system, food/portion service, cash handling, stocking items, sanitizing/cleaning and programs we offer at the aquatics center. • Retain the cash received for the food or retail items sold during shift. • Maintain attention to detail. • Clean and maintain the concessions area. • Stock and restock all items that are purchased for concessions. • Accurately complete necessary daily paperwork for concessions. • Accurately record monies received during shift and balance. • Provide information to public or participants regarding the Aquatics Center and programs. • Provide excellent customer service to public, guests and members. • Will assist with general inquiries or direct them to the proper staff. • Need to complete general administrative and clerical support. • At times, may need to assist at front desk as requested. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • 1 year of cash handling and customer service preferred. • Must be 16 years of age or older. Appendix | 59 Item 1G-188 Required Technical / Other Skills and Abilities • Ability to follow directions and work under limited supervision. • Ability to effectively enforce safety and health regulations relating to the concessions. • Ability to work in a team environment. • Experience in Point of Sales and cash register system. Required Licenses/Certifications • Riverside County Food Handlers Permit required PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has access to company funds during cash or credit card transactions in the sales of concession items or goods. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 60 Item 1G-189 PHYSICAL DEMANDS OF POSITION Job Title: Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ ☐ Walk ☐ ☐ ☐ ☐ Sit ☐ ☐ ☐ ☐ Use hands to finger, handle or feel ☐ ☐ ☐ ☐ Reach with hands and arms over shoulder ☐ ☐ ☐ ☐ Reach with hand and arms over head ☐ ☐ ☐ ☐ Climb or balance ☐ ☐ ☐ ☐ Stoop, kneel, crouch, or crawl ☐ ☐ ☐ ☐ Talk or hear ☐ ☐ ☐ ☐ Taste or smell ☐ ☐ ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ ☐ Up to 25 pounds ☐ ☐ ☐ ☐ Up to 50 pounds ☐ ☐ ☐ ☐ Up to 100 pounds ☐ ☐ ☐ ☐ More than 100 pounds ☐ ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. ☐ Close Vision (clear vision at 20 inches or less) ☐ Distance vision (clear vision at 20 feet or more) ☐ Color vision (ability to identify and distinguish colors) ☐ Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) ☐ Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) ☐ Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 61 Item 1G-190 JOB DESCRIPTION Job Title: Lead Lifeguard Incumbent: ______________________________________ Department: Aquatics-PDAC Reports to: Lifeguard Supervisor FLSA Classification: Non-Exempt; Part Time, Full Time or On-Call Supervises: No Created / Updated: 04/2022 POSITION OVERVIEW The Lead Lifeguard position will report directly to the Lifeguard Supervisor. Lifeguards must maintain safe swimming conditions in the pool, deck, and surrounding areas. Must create a safe and positive atmosphere that promotes member safety and engagement in accordance with YMCA policies and procedures. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Acts as manager on duty in absence of supervisor or directors; Ov ersees lifeguards, front desk, and concessions. • Ensures that pools are set-up according to any scheduled activity/programs in a timely manner. • Responsible for adhering to the Internal Control Procedures while handling cash for End of Shift accounting. • Performs chemical testing at appropriate times of the day, as required, and takes appropriate action. • Maintains constant surveillance of the pool area. • Knows/reviews all emergency procedures and responds to emergency situations immediately in accordance with YMCA policies and procedures. Completes related reports as required. • Maintains effective relationships with the members, participants and other staff. • Knows, understands, and consistently applies safety rules, policies and guidelines for the pool and aquatic area. • Maintains accurate records as required by the YMCA and/or the state Health Department code. • Performs equipment checks and ensures appropriate equipment is available as needed. • Checks the pool for hazardous conditions throughout the entirety of their shift. • Attends all staff meetings and training as required. Must be able to remain alert. • Must be able to sit or stand for extended periods. • Must be able to withstand warm or cold weather environment. • Ability to work cooperatively in a team environment. • Adequate ability to hear noises and distinguish distress signals. • Ability to continuously scan all areas of the pool with clear vision. • Ability to perform strenuous physical tasks necessary for a water rescue. • Ability to communicate verbally, including projecting voice across distance in normal and loud situations. • Leadership – Maintain a positive, upbeat role, promote and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to Appendix | 62 Item 1G-191 internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Must be 18 years of age or older • Prefer 1 year in leadership or management experience. • 1 or more years of lifeguard experience. Required Technical / Other Skills and Abilities • Ability to preform in emergency situations. • Ability to maintain certifications as required for the position • Must pass a lifeguard swim skills test. Required Licenses/Certifications • Must have a Red Cross Certifications in the following: CPR/AED for the Professional Rescuer, First Aid, Asthma Inhaler, Epinephrine Auto-Injector, and Administering Emergency Oxygen. PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has no access to company funds. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: Appendix | 63 Item 1G-192 cc: Incumbent, Supervisor, Personnel File PHYSICAL DEMANDS OF POSITION Job Title: Lead Lifeguard Date: 4/12/2022 How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ ☐ X ☐ Stoop, kneel, crouch, or crawl ☐ ☐ X ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ ☐ ☐ X i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ X ☐ Up to 25 pounds ☐ ☐ X ☐ Up to 50 pounds ☐ X ☐ ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Lead Lifeguarding: must be able to perform strenuous physical tasks necessary to prevent loss of life, including but not limited to, water rescue, extrication, CPR, 1st Aid, and the ability reach a water depth of 15 ½ feet. Appendix | 64 Item 1G-193 JOB DESCRIPTION Job Title: Lead Front Desk Associate Incumbent: _________________________________ Department: Aquatics – Palm Desert Aquatic Center Reports to: Office & Concessions Manager FLSA Classification: Non-Exempt, Part Time Supervises: No Created / Updated: 05/2022 POSITION OVERVIEW The Lead Front Desk Associate will report directly to the Office & Concessions. This position will attend to visitors and deal with inquiries on the phone and face to face. In addition, this position required to supply information regarding the programs and organization to the public, clients, and customers. As the Front Desk Lead, you will be assisting in training new hires and being the shift leader. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Answer telephones, screen, and direct calls to appropriate staff member • Take and relay messages as necessary. • Provide information to callers and patrons. • Greet visitors entering the facility. • Receive program fees; enforce payment into facility. • Deal with queries from the public and customers • Ensures knowledge of staff movements in and out of organization. • General administrative and clerical support • Schedule appointments and program reservations as well as facility use reservations. • Maintain appointment diary either manually or electronically. • Always keep reception area neat and clean. • Notifies correct staff member when visiting personal arrive on site. • Daily use of POS system • Balance daily cash and credit card receipts at the end of each shift • Responsible for running various reports, included but not limited to: SilverSneakers, Swim Lessons, Programs, Membership, Cash History, End of Month • Ensures the Websites are up to date by notifying the Aquatics Coordinator or Aquatics Director. • Responsible for upkeep and organization of all program forms • Create topics for and dual lead Front Desk in-services with Aquatic Coordinator. • Work with the Aquatics Coordinator to keep all front desk information up to date and in stock. • Responsible for inputting zip codes and facility use data. • Capable of assigning tasks to other Front Desk staff. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner. • Teamwork - Develop and promote teamwork and cooperation among co-workers. • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned. Appendix | 65 Item 1G-194 QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Must have a High School diploma or equivalent; minimum age of 18 years. • Prefer one or more years of previous experience with customer service Required Technical / Other Skills and Abilities • Ability to work independently. • Ability to work outdoors in extreme heat and weather. • Knowledge or Excel, Microsoft Office products and Outlook. • Knowledge of working with a POS and cash register system. Required Licenses/Certifications • N/A PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has access to confidential information –such as customer personal data, credit cards, and potential medial information. COMPANY FUNDS This position has access to company funds: cash register funds – cash / credit / debit card information. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 66 Item 1G-195 PHYSICAL DEMANDS OF POSITION Job Title: Lead Front Desk Associate Date: 5/28/2022 How many hours are worked per day? Varies When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ X Walk ☐ ☐ X ☐ Sit ☐ ☐ ☐ X Use hands to finger, handle or feel ☐ ☐ ☐ X Reach with hands and arms over shoulder ☐ X ☐ ☐ Reach with hand and arms over head ☐ X ☐ ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell X ☐ ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ X ☐ Up to 25 pounds ☐ X ☐ ☐ Up to 50 pounds X ☐ ☐ ☐ Up to 100 pounds X ☐ ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: This position will require bending, stooping, kneeling, and crouching at times. It will require standing and sitting for long periods of time as well as walking around the facility. Need to be able to hear and talk at all times. Must be able to use hands to finger to feel and handle at all times for computer use, sales, cash handling and credit card machine just to name a few. This position requires close vision to work on computer and distance and peripheral vision to keep an eye on participants at program location. Appendix | 67 Item 1G-196 JOB DESCRIPTION Job Title: Lead Swim Instructor Incumbent: ______________________________________________ Department: Aquatics Reports to: Aquatics Coordinator FLSA Classification: Non-Exempt, Part Time Supervises: No Created / Updated: 06/2021 POSITION OVERVIEW Under the general supervision of the Aquatics Coordinator, the Lead Swim Instructor will oversee the Swim Instructors on duty while maintaining safe swimming conditions in the pool, deck, and surrounding areas. This posi tion will oversee and coordinate group swim lessons. Creates a safe and positive atmosphere that promotes member safety, participation, and engagement in accordance with YMCA policies and procedures. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Oversee and coordinate group swim lessons. • Knows and reviews all emergency procedures and responds to emergency situations immediately. Complete related reports as required. • Understand and apply the safety rules, policies, and guidelines always. • Maintain accurate records as required by the YMCA and or the State Health Department Code. • Ensure all swim instructors are current in their required certifications. • Maintain swim lesson records, registrations, forms, evaluations, and follow-ups of participants. • Instruct swim lessons as assigned in accordance with YMCA. • Perform equipment and form checks to ensure they are available as needed. • Ability to organize lesson plans for swim instruction. • Develops positive relationships with members and participants; we will need to provide motivational support and guidance. • Encourages participant and member involvement. • Coveys’ information on aquatics programs and schedules and refers participants to appropriate programs. • Instruct swim lessons or lifeguard on pool deck as needed. • Maintain attendance and progress records of programs participants. • Attends all staff meetings, Inservice’s and trainings as scheduled. • Maintain, organize, and clean up class equipment, and report and damaged equipment to Aquatics Coordinator. • Assist Aquatics Coordinator in leading and creating in-services and trainings for swim instructors. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned Appendix | 68 Item 1G-197 QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Minimum of 2 years swim instruction experience with ages 6 mo-17yrs. • High School diploma or equivalent. • Must be 18 years of age or older. Required Technical / Other Skills and Abilities • Ability to demonstrate swim instructor skills in accordance with YMCA standards. • Ability to maintain certification level of physical and mental readiness. • Ability to demonstrate lifeguard skills in accordance with American Red Cross standards. Required Licenses/Certifications • CPR for the Professional Rescuer • AED, Basic First Aid Certifications • Current American Red Cross Lifeguard certification • Administering Emergency Oxygen Certification • YMCA Level 6 Instructor Certification or equivalent • Current WSI preferred PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has no access to company funds. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: Appendix | 69 Item 1G-198 PHYSICAL DEMANDS OF POSITION Job Title: Lead Swim Instructor Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ X ☐ ☐ Reach with hands and arms over shoulder ☐ X ☐ ☐ Reach with hand and arms over head ☐ X ☐ ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ X ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ X ☐ Up to 25 pounds ☐ X ☐ ☐ Up to 50 pounds ☐ X ☐ ☐ Up to 100 pounds X ☐ ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) ☐ Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Ability to instruct/observe proper stroke techniques and occasionally lift equipment and a small to average size child. Appendix | 70 Item 1G-199 YMCA Job Description Job Title: Water Fitness Instructor Job Code: (unique to Y) FLSA Status: Part-time Non-Exempt Job Grade: (unique to Y) Reports to: Program Manager or Aquatic Director Revision Date: 1/11/18 Position Summary: Provides water fitness instruction, monitors, educates patrons on fitness and safety, and maintains a safe and positive atmosphere that promotes participant safety and engagement in accordance with YMCA policies and procedures. Essential Functions: 1. Teaches scheduled classes, beginning and ending on time; provides adequate warm-up, exercise, stretching and cool down. 2. Instructs patrons on effective workout methods; explains proper techniques, demonstrates exercises; identifies different muscle groups, and teaches appropriate methods to strengthen specific muscles. 3. Prepares appropriate equipment, music, and handouts for each class. 4. Assists patrons, answers questions, and maintains a positive exercise experience for members and class participants. 5. Keep management informed of pool activities, facility needs, and significant problems. 6. Ensures that safety standards are met, and that department and facility policies are adhered to. 7. Performs related duties as required YMCA Competencies (Leader): Mission Advancement: Accepts and demonstrates the Y’s values. Demonstrates a desire to serve others and fulfill community needs. Recruits volunteers and builds effective, supportive working relationships with them. Supports fund-raising. Collaboration: Works effectively with people of different backgrounds, abilities, opinions, and perceptions. Builds rapport and relates well to others. Seeks first to understand the other person’s point of view, and remains calm in challenging situations. Listens for understanding and meaning; speaks and writes effectively. Takes initiative to assist in developing others. Operational Effectiveness: Makes sound judgments, and transfers learning from one situation to another. Embraces new approaches and discovers ideas to create a better member experience. Establishes goals, clarifies tasks, plans work and actively participates in meetings. Follows budgeting policies and procedures, and reports all financial irregularities immediately. Strives to meet or exceed goals and deliver a high-value experience for members. Personal Growth: Pursues self -development that enhances job performance. Demonstrates an openness to change, and seeks opportunities in the change process. Accurately assesses personal feelings, strengths and limitations and how they impact relationships. Has the functional and technical knowledge and skills required to perform well; uses best practices and demonstrates up-to-date knowledge and skills in technology. Qualifications: 1. Minimum age of 18. 2. Certifications: CPR and Basic First Aid certification. Appendix | 71 Item 1G-200 3. Certified Instructor (AEA, ACE, ACSM, AFAA and the like), water specialty/certification preferred. Necessary Knowledge, Skills and Abilities 1. Working knowledge of human anatomy, kinesiology and training principles. 2. Knowledge of water aerobics teaching strategies and the incorporation of music, tempo, cueing technique and rhythm. 3. Choreography and music skills. 4. Ability to be professional and motivate class participants. 5. Ability to cooperate and work well with other staff members. Physical Demands: 1. While performing the duties of this job, the employee is frequently required to walk, stand, sit, talk, and hear. 2. The employee is occasionally required to use hands to finger, handle, feel or operated objects, tools, or controls; and reach with hands and arms. 3. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. 4. The employee must frequently lift and/or move up to 25 pounds, and occasionally must aide in the rescue of drowning swimmers. 5. Specific vision abilities required by this job include close vision, color vision, and the ability to focus. 6. The employee must have a high degree of energy, be physically fit, and have the endurance to complete the workout. 7. The employee must be able to work outside in direct sunlight and assorted weather conditions. 8. The employee will follow all YMCA policies, rules, regulations and procedures, including emergency and safety procedures. Completes incident and accident reports as necessary. Work Environment 1. The employee occasionally works near moving mechanical parts. 2. The employee is exposed to wet, dry, cool, and hot outdoor conditions. 3. The employee is exposed to direct sunlight and weather conditions. 4. The employee is exposed to pool water containing chemicals. Appendix | 72 Item 1G-201 JOB DESCRIPTION Job Title: Maintenance Assistance Incumbent: ____________________________ Department: Aquatics - PDAC Reports to: Facility Operations Manager FLSA Classification: Non-Exempt, Part Time Supervises: No Created / Updated: 04/2021 POSITION OVERVIEW The Maintenance Assistant reports directly to the Facility Operations Manager. This position will require to perform a variety of general and maintenance repairs on pools and associated facilities; Assist with daily maintenance and cleanliness of facility, pools, and surrounding areas. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Assist with any day-to-day maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. • Assist with daily site survey of all pools, decks, pool amenities, and facility. • Assist with keeping all pools to meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc..). • Run chemical checks as directed by the Facility Operations Manager. • Assist in performing preventative maintenance on mechanical, electrical, and related equipment. • Assists with setup and/or movement of equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for special events. • Maintain cleanliness of drains, deck, and carpet. • Assist in facility painting and retouches to keep facility in great condition. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner. • Teamwork - Develop and promote teamwork and cooperation among co-workers. • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Prefer a High School diploma or equivalent (must be 16 years of age or older). • Minimum of 1 year of maintenance experience preferred. Appendix | 73 Item 1G-202 Required Technical / Other Skills and Abilities • Ability to work outside in extreme weather and heat. • Ability to use judgement effectively to ensure that jobs are completed in the safest and most cost-efficient way. • Ability to prioritize time and meet deadlines as scheduled. Required Licenses/Certifications • N/A PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information COMPANY FUNDS This position has no access to company funds: ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 74 Item 1G-203 PHYSICAL DEMANDS OF POSITION Job Title: Maintenance Assistant Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ ☐ X Sit ☐ X ☐ ☐ Use hands to finger, handle or feel ☐ ☐ ☐ X Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ ☐ X ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ ☐ ☐ X i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ X Up to 25 pounds ☐ ☐ X ☐ Up to 50 pounds ☐ ☐ X ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds ☐ X ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 75 Item 1G-204 JOB DESCRIPTION Job Title: Lifeguard Incumbent: ______________________________________ Department: Aquatics-PDAC Reports to: Lifeguard Supervisor FLSA Classification: Non-Exempt; Part Time, Full Time or On-Call Supervises: No Created / Updated: 04/2021 POSITION OVERVIEW The Lifeguard position will report directly to the Lifeguard Supervisor. Lifeguards must maintain safe swimming conditions in the pool, deck, and surrounding areas. Must create a safe and positive atmosphere that promotes member safety and engagement in accordance with YMCA policies and procedures. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Maintains constant surveillance of the pool area. • Knows/reviews all emergency procedures and responds to emergency situations immediately in accordance with YMCA policies and procedures. Completes related reports as required. • Maintains effective relationships with the members, participants and other staff. • Knows, understands, and consistently applies safety rules, policies and guidelines for the pool and aquatic area. • Maintains accurate records as required by the YMCA and/or the state Health Department code. • Performs equipment checks and ensures appropriate equipment is available as needed. • Checks the pool for hazardous conditions throughout the entirety of their shift. • Attends all staff meetings and training as required. Must be able to remain alert. • Must be able to sit or stand for extended periods. • Must be able to withstand warm or cold weather environment. • Ability to work cooperatively in a team environment. • Adequate ability to hear noises and distinguish distress signals. • Ability to continuously scan all areas of the pool with clear vision. • Ability to perform strenuous physical tasks necessary for a water rescue. • Ability to communicate verbally, including projecting voice across distance in normal and loud situations. • Leadership – Maintain a positive, upbeat role, promote and exemplify Company values and represents departmental objectives and interests to internal and external customers • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned Appendix | 76 Item 1G-205 QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • Minimum age of 16 years. • Preferred one year on lifeguard experience, but not required. Required Technical / Other Skills and Abilities • Ability to preform in emergency situations. • Ability to maintain certifications as required for the position • Must pass a lifeguard swim skills test. Required Licenses/Certifications • Must have a Red Cross Certifications in the following: CPR/AED for the Professional Rescuer, First Aid, Asthma Inhaler, Epinephrine Auto-Injector, and Administering Emergency Oxygen. PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has no access to company funds. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 77 Item 1G-206 PHYSICAL DEMANDS OF POSITION Job Title: Lifeguard Date: 4/28/2021 How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ ☐ X ☐ Stoop, kneel, crouch, or crawl ☐ ☐ X ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ ☐ ☐ X i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ X ☐ Up to 25 pounds ☐ ☐ X ☐ Up to 50 pounds ☐ X ☐ ☐ Up to 100 pounds ☐ X ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) ☐ Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Lifeguarding: must be able to perform strenuous physical tasks necessary to prevent loss of life, including but not limited to, water rescue, extrication, CPR, 1st Aid, and the ability reach a water depth of 15 ½ feet. Appendix | 78 Item 1G-207 JOB DESCRIPTION Job Title: Swim Instructor Incumbent: ______________________________________________ Department: Aquatics Reports to: Aquatics Coordinator FLSA Classification: Non-Exempt, Part Time Supervises: No Created / Updated: 06/2021 POSITION OVERVIEW The Swim Instructor is under the general supervision on the Aquatics Coordinator. This position will provide direct leadership, instruction, and motivation for participants in the swim class. The Swim Instructor must always maintain supervision on participants. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Instruct swim lessons as assigned in accordance with YMCA. • Ability to organize lesson plans for swim instruction. • Develops positive relationships with members and participants; we will need to provide motivational support and guidance. • Encourages participant and member involvement. • Coveys’ information on aquatics programs and schedules and refers participants to appropriate programs. • Instruct lessons in a positive manner with little to no supervision. • Maintain attendance and progress records of programs participants. • Attends all staff meetings, Inservice’s and trainings as scheduled. • Complete incident or accident reports, as necessary. • Organize and clean up class equipment, and report and damaged equipment to Aquatics Coordinator. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • 1 year of swim instructor experience preferred. • Must be 16 years of age or older. Required Technical / Other Skills and Abilities • Ability to demonstrate swim instructor skills in accordance with YMCA standards. Appendix | 79 Item 1G-208 Required Licenses/Certifications • CPR for the Professional Rescuer • AED, Basic First Aid Certifications • Administering Emergency Oxygen Certification • YMCA Level 6 Instructor Certification or equivalent PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has no access to company funds. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 80 Item 1G-209 PHYSICAL DEMANDS OF POSITION Job Title: Swim Instructor Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ X ☐ Walk ☐ ☐ X ☐ Sit ☐ ☐ X ☐ Use hands to finger, handle or feel ☐ ☐ X ☐ Reach with hands and arms over shoulder ☐ ☐ X ☐ Reach with hand and arms over head ☐ ☐ X ☐ Climb or balance ☐ X ☐ ☐ Stoop, kneel, crouch, or crawl ☐ X ☐ ☐ Talk or hear ☐ ☐ ☐ X Taste or smell ☐ X ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ X ☐ Up to 25 pounds ☐ ☐ X ☐ Up to 50 pounds ☐ X ☐ ☐ Up to 100 pounds X ☐ ☐ ☐ More than 100 pounds X ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) ☐ Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Ability to instruct/observe proper stroke techniques, and lift equipment and a small to average size child. Appendix | 81 Item 1G-210 JOB DESCRIPTION Job Title: Front Desk Associate Incumbent: _________________________________ Department: Aquatics Reports to: Aquatics Coordinator FLSA Classification: Non-Exempt, Part Time Supervises: No Created / Updated: 06/2021 POSITION OVERVIEW The Front Desk Associate will report directly to the Aquatics Coordinator. This position will attend to visitors and deal with inquiries on the phone and face to face. In addition, this position required to supply information regarding the programs and organization to the public, clients, and customers. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Answer telephones, screen, and direct calls to appropriate staff member • Take and relay messages, as necessary. • Provide information to callers and patrons. • Greet visitors entering the facility. • Receive program fees; enforce payment into facility. • Deal with queries from the public and customers • Ensures knowledge of staff movements in and out of organization. • General administrative and clerical support • Schedule appointments and program reservations as well as facility use reservations. • Maintain appointment diary either manually or electronically. • Always keep reception area neat and clean. • Notifies correct staff member when visiting personal arrive on site. • Daily use of POS system • Balance daily cash and credit card receipts at the end of each shift • Responsible for running various reports, included but not limited to: SilverSneakers, Swim Lessons, Programs, Membership, Cash History, End of Month • Ensures the Websites are up to date by notifying the Aquatics Coordinator or Aquatics Director. • Assist the Lead Front Desk Associate in the upkeep and organization of all program forms. • Work with the Lead Front Desk Associate or Aquatics Coordinator to keep all front desk information up to date and in stock. • Must be able to work independently with little supervision. • Responsible for inputting zip codes and facility use data. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner. • Teamwork - Develop and promote teamwork and cooperation among co-workers. • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned. Appendix | 82 Item 1G-211 QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • High School diploma or equivalent preferred. • Prefer one or more years of previous experience with customer service and cash handling. Required Technical / Other Skills and Abilities • Ability to work independently. • Ability to work outdoors in extreme heat and weather. • Knowledge or Excel, Microsoft Office products and Outlook. • Knowledge of working with a POS and cash register system. • Strong organizational and communication skills. Required Licenses/Certifications • N/A PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has access to confidential information –such as customer personal data, credit cards, and potential medial information. COMPANY FUNDS This position has access to company funds: cash register funds – cash / credit / debit card information. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 83 Item 1G-212 PHYSICAL DEMANDS OF POSITION Job Title: Front Desk Associate Date: 6/2/2021 How many hours are worked per day? Varies When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ ☐ Walk ☐ ☐ ☐ ☐ Sit ☐ ☐ ☐ ☐ Use hands to finger, handle or feel ☐ ☐ ☐ ☐ Reach with hands and arms over shoulder ☐ ☐ ☐ ☐ Reach with hand and arms over head ☐ ☐ ☐ ☐ Climb or balance ☐ ☐ ☐ ☐ Stoop, kneel, crouch, or crawl ☐ ☐ ☐ ☐ Talk or hear ☐ ☐ ☐ ☐ Taste or smell ☐ ☐ ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ ☐ Up to 25 pounds ☐ ☐ ☐ ☐ Up to 50 pounds ☐ ☐ ☐ ☐ Up to 100 pounds ☐ ☐ ☐ ☐ More than 100 pounds ☐ ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. X Close Vision (clear vision at 20 inches or less) X Distance vision (clear vision at 20 feet or more) X Color vision (ability to identify and distinguish colors) X Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) X Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) X Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: This position will require bending, stooping, kneeling, and crouching at times. It will require standing and sitting for long periods of time as well as walking around the facility. Need to be able to hear and talk at all times. Must be able to use hands to finger to feel and handle at all times for computer use, sales, cash handling and credit card machine just to name a few. This position requires close vision to work on computer and distance and peripheral vision to keep an eye on participants at program location. Appendix | 84 Item 1G-213 JOB DESCRIPTION Job Title: Concessions Incumbent: ______________________________________________ Department: Aquatics Reports to: Aquatics Coordinator FLSA Classification: Non-Exempt, Part Time Seasonal Supervises: No Created / Updated: 06/2021 POSITION OVERVIEW Under the general supervision of the Aquatics Coordinator, Concessions will provide and service the public with food service and retail purchases, while maintaining excellent customer service. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: • Retain the cash received for the food or retail items sold during shift. • Maintain attention to detail. • Clean and maintain the concessions area. • Stock and restock all items that are purchased for concessions. • Accurately complete necessary daily paperwork for concessions. • Accurately record monies received during shift and balance. • Provide information to public or participants regarding the Aquatics Center and programs. • Provide excellent customer service to public, guests and members. • Will assist with general inquiries or direct them to the proper staff. • Need to complete general administrative and clerical support. • At times, may need to assist at front desk as requested. • Leadership – Maintain a positive, upbeat role, promote, and exemplify Company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner • Teamwork - Develop and promote teamwork and cooperation among co-workers • Safety – Comply with established safe work practices and attend to all safety-related training provided or made available by the Company. • Other duties as assigned QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education and/or Experience • 1 year of cash handling and customer service preferred. • Must be 16 years of age or older. Required Technical / Other Skills and Abilities • Ability to follow directions and work under limited supervision. • Ability to effectively enforce safety and health regulations relating to the concessions. Appendix | 85 Item 1G-214 • Ability to work in a team environment. • Ability to learn a Point of Sales and cash register system. Required Licenses/Certifications • Riverside County Food Handlers Permit required PHYSICAL DEMANDS The physical demands described on the attached “Physical Demands of Position” chart are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. See attached “Physical Demands of the Position”. CONFIDENTIAL INFORMATION This position has no access to confidential information. COMPANY FUNDS This position has access to company funds during cash or credit card transactions in the sales of concession items or goods. ACKNOWLEDGEMENT I have been given a copy of this position description. I understand that I may be asked to perform job tasks and duties not listed in the description and that my supervisor may change the description at any time, according to Company needs. Signed - Employee Date: Signed – Supervisor Date: cc: Incumbent, Supervisor, Personnel File Appendix | 86 Item 1G-215 PHYSICAL DEMANDS OF POSITION Job Title: Date: Click here to enter a date. How many hours are worked per day? Click here to enter text. When completing this form, look at the job from a typical/average workday perspective. Percentage Time Designation PHYSICAL ACTIVITY Rarely <1% Occasionally 1- 33% Frequently 34- 66% Continuously 67- 100% Stand ☐ ☐ ☐ ☐ Walk ☐ ☐ ☐ ☐ Sit ☐ ☐ ☐ ☐ Use hands to finger, handle or feel ☐ ☐ ☐ ☐ Reach with hands and arms over shoulder ☐ ☐ ☐ ☐ Reach with hand and arms over head ☐ ☐ ☐ ☐ Climb or balance ☐ ☐ ☐ ☐ Stoop, kneel, crouch, or crawl ☐ ☐ ☐ ☐ Talk or hear ☐ ☐ ☐ ☐ Taste or smell ☐ ☐ ☐ ☐ i.e., Position requires standing 1/3 of the time. Does this job require that weight be lifted or force be exerted? If so, how much and how often? Percentage Time Designation WEIGHT Rarely <1% Occasionally 1- 33% Frequently 34%- 66% Continuously 67%- 100% Up to 10 pounds ☐ ☐ ☐ ☐ Up to 25 pounds ☐ ☐ ☐ ☐ Up to 50 pounds ☐ ☐ ☐ ☐ Up to 100 pounds ☐ ☐ ☐ ☐ More than 100 pounds ☐ ☐ ☐ ☐ i.e., Position requires lifting 1/3 of the time up to 10 pounds. Does this job have any special vision requirements? Check all that apply. ☐ Close Vision (clear vision at 20 inches or less) ☐ Distance vision (clear vision at 20 feet or more) ☐ Color vision (ability to identify and distinguish colors) ☐ Peripheral vision (ability to observe an area that can be seen up and down or to the left and right while eyes are fixed on a given point) ☐ Depth perception (three-dimensional vision, ability to judge distances and spatial relationships) ☐ Ability to adjust focus (ability to adjust the eye to bring an object into sharp focus) ☐ No special vision requirements List specific job duties that require the physical demands selected above: Appendix | 87 Item 1G-216 Position Title1 2 3 4 5 6AquaticsCoordinator18.25$ 18.71$ 19.17$ 19.65$ 20.14$ 20.65$Front Desk&ConcessionMgr 18.25$ 18.71$ 19.17$ 19.65$ 20.14$ 20.65$FrontDesk15.75$ 15.91$ 16.07$ 16.23$ 16.39$ 16.55$LeadFront Desk16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$LeadLifeguard17.50$ 17.76$ 18.03$ 18.30$ 18.57$ 18.85$Lifeguard17.00$ 17.26$ 17.51$ 17.78$ 18.04$ 18.31$SwimInstructor16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$Maintenance Assistant 16.50$ 16.75$ 17.00$ 17.25$ 17.51$ 17.78$**Lifeguard/SwimInstructor 17.25$ 17.51$ 17.77$ 18.04$ 18.31$ 18.58$Private SwimInstructor 20.00$ 20.50$ 20.81$ 21.12$ 21.44$ 21.76$FitnessInstructor21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$YogaInstructor21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$Masters Coach21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$LeadConcessions16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$Concessions15.75$ 15.83$ 15.91$ 15.99$ 16.07$ 16.15$NightWatchperson/Security18.00$ 18.27$ 18.54$ 18.82$ 19.10$ 19.39$Wage Scale 2023-AquaticsLevel7 8 9 10 11 CAPRate21.16 $$ 21.69 22.24$ 22.79$ 23.36$ 25.00$21.16 $$ 21.69 22.24$ 22.79$ 23.36$ 25.00$16.72 $$ 16.89 17.05$ 17.23$ 17.40$ 17.75$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 18.75$19.14 $$ 19.42 19.71$ 20.01$ 20.31$ 21.50$18.59 $$ 18.87 19.15$ 19.44$ 19.73$ 20.00$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 19.00$18.04 $$ 18.31 18.59$ 18.87$ 19.15$ 20.00$18.86 $$ 19.14 19.43$ 19.72$ 20.00$ 20.50$22.08 $$ 22.42 22.75$ 23.09$ 23.44$ 24.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 32.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 30.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 32.00$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 18.75$16.23 $$ 16.31 16.39$ 16.47$ 16.56$ 17.00$19.68 $$ 19.98 20.28$ 20.58$ 20.89$ 21.00$Wage Scale 2023-Aquatics** worksbothrolesonaconsistantbasiswagesarebasedonacombinationofeducation, certifications, yearsofexperienceand/orperformanceOncewagespassLevel 11onwagescale,increasesmaybepossiblebasedonperformance, duties, education, certifications orother factors in.05%-3%incrementsuntilCAPisreachedforthepostionheld.wagesarebasedonacombinationofeducation, certifications, yearsofexperienceand/orperformanceOncewagespassLevel 11onwagescale,increasesmaybepossiblebasedonperformance, duties, education, certifications orother factors in.05%-3%Appendix | 88Item 1G-217 Appendix E: Zone Coverage Charts Appendix | 89 Item 1G-218 ZONECOVERAGE CHARTLAP POOL—ShortCourse2Guards—LapChair,DeepLapChairLapChairGuardLapChairGuardAppendix | 90Item 1G-219 ZONECOVERAGE CHARTLAP POOL6Guards—ShallowStairs, Shallow Chair,DivingBoards, Rockwall&Zip’N,DeepLapChair,LapChairLapChairGuardDivingBoardGuardRockwall&Zip’NGuardDeepLapChairGuardShallowStairsGuard(Roaming)ShallowChairGuardAppendix | 91Item 1G-220 SlideStairsRec.ChairZONECOVERAGE CHARTREC.POOL +SPLASH POOL1Guard—Rec.ChairAppendix | 92Item 1G-221 ZONECOVERAGE CHARTREC.POOL +SPLASH POOL11Guards—Topof Slides,Bottomof Slides,SplashPool, SplashPool 2, Rec.Chair,Rec.Chair2, Rec.Stairs,Rec.Stairs2, Peninsula,Rec. Roaming,Zero DepthRec.ChairSlideStairsTopofSlidesBottomof SlidesSplashPool(Roaming)Rec.Chair2Rec.Stairs 2(Roam-ing)Zero Depth(Roaming)PeninsulaRec.(Roam-ing)Rec.Stairs 1(Roam-ing)SplashPool2(Roaming)Appendix | 93Item 1G-222 Appendix F: Injury & Ouch Reports Appendix | 94 Item 1G-223 Appendix | 95Item 1G-224 Appendix | 96Item 1G-225 Appendix G: Water Chemistry Test Log Sheet Appendix | 97 Item 1G-226 Date Time PH FC LLG Name Notes Lap Pool Month_______________ Year__________ Appendix | 98 Item 1G-227 Appendix H: Policy & Procedure Manual (PPM) Appendix | 99 Item 1G-228 PALM DESERT AQUATIC CENTER POLICY & PROCEDURE MANUAL (Revised January 2023) Appendix | 100 Item 1G-229 2 TABLE OF CONTENTS Appendix-------------------------------------------------------------------------------- Pg. 41 Appearance/Dress Code------------------------------------------------------------ Pg. 39 Biohazard Disposal Procedure ---------------------------------------------------- Pg. 27 • PPE • Splash potential • Dried Fluid • Disposal • Basic Hygiene Child Abuse Policy and Procedure ----------------------------------------------- Pg. 24 Chlorine Room Emergency Procedures ---------------------------------------- Pg. 6 • Authorized Personnel • Inhalation Exposure • Skin or Eye Contact • Fire Cleaning--------------------------------------------------------------------------------- Pg. 37 Communication------------------------------------------------------------------------ Pg. 35 Customer Service--------------------------------------------------------------------- Pg. 36 Discipline Policy and Procedure -------------------------------------------------- Pg. 23-24 EAP – Emergency Action Plan ---------------------------------------------------- Pg. 30-50, 31 Equipment Rental Procedure ------------------------------------------------------ Pg. 22-23 • Check Items Out • Check Items In • Damaged Items Facility and Pool Cleanliness ------------------------------------------------------- Pg. 8 • Expectations • Requirements Fitness------------------------------------------------------------------------------------- Pg. 35 General Staff Responsibilities -------------------------------------------------- Pg. 9-11 • General Conduct Expectations • On Duty Hours • Telephone Hazard Identification and Communication ---------------------------------------- Pg. 7 • MSDS • Right-to-know Health Regulations ---------------------------------------------------------------------- Pg. 8 • Infectious Disease • Colds • Showering • Pool Rules Appendix | 101 Item 1G-230 3 Lifeguard Procedures -------------------------------------------------------------- Pg. 16-17 • Techniques • Operational Procedures Lifeguard Responsibilities --------------------------------------------------------------- Pg. 18-19, 30, 31 Lost and Found Procedure -------------------------------------------------------------- Pg. 26 • Items Lost • Items Found Media Communication Policy ----------------------------------------------------------- Pg. 26 • Preferred Language • Inquiry Direction • Items Returned Missing Person Procedure -------------------------------------------------------------- Pg. 24-25 Personal Requirements ------------------------------------------------------------------ Pg. 9 • Fitness • Uniform • Grooming • Certifications Pool and Safety Rules --------------------------------------------------------------- Pg. 11-15 • General Recreational Rules • Deep End Pool • Diving Board Rules • Wading Pool Rules • Water Slide Rules • Spray Park Rules • Locker Room Rules Pool Chemical Parameters -------------------------------------------------------------- Pg. 5 • Chemical Material List • Ideal Chemical Readings • Mechanical Room Pool Dimension Information ------------------------------------------------------------ Pg. 4 • Competition Pool • Recreational Pool • Splash Pool • Amusement Amenities Pool Water Contamination Response Procedure --------------------------------- Pg. 27 • General Procedure • Chemical Balance Procedure Safety and First Aid Equipment -------------------------------------------------------- Pg. 7, 32 • Equipment Care • Supply Handling • Reporting Supervisor/Lead Lifeguard Responsibilities ---------------------------------------- Pg. 19-20 Swim Instructor Responsibilities ------------------------------------------------------- Pg. 20-21 • General Procedures Appendix | 102 Item 1G-231 4 • Class Transfers • Student Safety Procedures Swim Lesson Supervisor Responsibilities ------------------------------------------- Pg. 21 Swim Tests----------------------------------------------------------------------------------- Pg. 38 Waterslide Procedures ------------------------------------------------------------------- Pg. 29 POOL DIMENSION INFORMATION Competition Pool • 50 Meter – Length 50 meter / Width 25 yard • Surface Area 12,820 ft² • Depth 3’6” – 15’6” • Gallons ≈923,000 • Lengths /mile ≈32 • Laps /mile = ≈16 Recreational Pool • 0 depth(wading)/25-yard lap/Catch pool • Surface Area 6221 ft² • Depth 0 – 3’6”-4’6” • Gallons ≈187,000 • Lengths/mile = ≈71 • Laps/mile = ≈36 Splash Pool • Surface Area 1794 ft² • Depth 0-1’6” Slides: • 42” • Length: 130’ • Height: 19’ • Slope: 16% • 32” • Length: 125’ • Height: 19’ • Slope: 17% Diving Boards: (deep end of Olympic pool, westside) • 2-One meter • 2-Three meter Rockwall: (deep end of Olympic pool, southeast end) • Height: 6meter Appendix | 103 Item 1G-232 5 AquaZip’N • Height: 96” • Length: 117” POOL CHEMICAL PARAMETERS Pool Chemical Material List • Chlorine • Muriatic Acid • Cyanuric Acid • Sodium Bicarbonate Chemical Tests (Chlorine, pH) using the Taylor test kit is required every hour daily Document all test results on the record sheets (Appendix E) in the lifeguard office. Shift Supervisor (aka. Lead Lifeguard/Manager on Duty) personnel should check the record book frequently to know the pool conditions and to either perform tests or alert someone else of the need for testing. Ideal Chemical Readings for PDAC pools pH 7.4-7.6 HRR/C12 1.5+ Cyanuric Acid <10 PPM Total Alkalinity(TA) 100PPM Calcium Hardness(CA) 600PPM Temperature 80-84 Degrees F Langlier Saturation Index +0.5 Ryznar Index 6.7 Water Quality requirements from the Riverside Department of Environmental Health • Chlorine maintained at a minimum level of 1.5 ppm, but not to exceed 5 ppm • PH maintained between 7.2 and 8.0 • Cyanuric acid maintained below 100 ppm. • Water clean and clear. Main drain(s) clearly visible. • No algae growth in pool water, on sides or bottom, or on tile. Remember, if the chemical values do not meet approved concentration levels or if an immediate health hazard exists, CLOSE THE POOL until the issue has been corrected! If the main drain (s) are not clearly visible CLOSE THE POOL until the issue has been corrected. Appendix | 104 Item 1G-233 6 Mechanical Room Parameters Only trained personnel are allowed to work with the machinery. If there is an issue and you are untrained DO NOT TOUCH and call the Facility Operations Manager and/or the Aquatic Manager immediately. CHLORINE ROOM EMERGENCY PROCEDURES 1. The only people authorized to work in the Chlorine feeder room are: A. The Facility Operations Manager or assistant maintenance staff B. The Aquatic Manager or designated supervisors. Since we use an automatic feeder system under computerized control, we do not expect any major problems in the feed room. However, all staff will read and understand the precautions for chlorine as stated in the Safety Data Sheet (SDS). You must follow them any time Chlorine is handled. 2. Inhalation Exposure First Aid. (See SDS) A. Remove victim to fresh air. If not breathing, initiate artificial respiration. B. Call emergency medical assistance at 911 C. Keep the victim warm and lie them down until aid arrives. 3. Skin or Eye Contact First Aid. (See SDS) A. Flush the skin or eyes with large amounts of clean tepid water for at least 15 minutes. Hold eyelids apart while flushing. Do not attempt to neutralize with chemicals. Eye wash located in chlorine room. B. Call emergency medical assistance at 911 C. Remove any contaminated clothing and shoes. D. Continue water flushing until help arrives 4. Fire A. Evacuate the area immediately, up - wind from the source B. Call emergency assistance at 911 Appendix | 105 Item 1G-234 7 HAZARD IDENTIFICATION AND COMMUNICATION In addition to the risk of Recreational Water Illnesses at a pool, there are also chemical and physical hazards to be aware of as well. The scope of hazardous materials is very broad and in-depth and is beyond the scope of this manual. However, in the Safety Data Sheet (SDS) binder located in the Lifeguard/First Aid room, Concessions, and the mechanical room, there is a summary of what constitutes an occupational health hazard. As part of the YMCA’s commitment to your well-being on the job, we will furnish you with the knowledge and skills in which you can protect yourself when working with or around these materials or agents. You have a right - to - know what is being used in your work environment. Check the SDS sheets to get information on substance(s) you are unfamiliar with. If you are unsure what the terms mean in the data sheets check the summary and/or contact the Aquatic Manger and/or Facility Operations Manager. SAFETY AND FIRST AID EQUIPMENT Sufficient first aid supplies will be available at the first aid station in the first aid room. This material will be efficiently stored and properly handled and inventoried to assure optimum use in emergencies. Shortages of supplies and equipment shall be immediately replenished or reported to a supervisor. Broken safet y equipment must be reported and pulled out of service until replaced or repaired. Vigilance in this matter is extremely important. (Appendix J) Supervisors & Management will ensure that: 1) All safety and first aid equipment are in good repair and easily accessible. 2) There are sufficient qualities of first aid supplies are always available. 3) Pool safety equipment is polished, clean, and in good repair. 4) Safety Instructions are posted in clear view. 5) Accurate injury/incident report forms are available for timely reports (Appendix G/H). Be familiar with forms; employee accidents, patron first aid, and forms to be used to report employee and member or participant injury or death. 6) Internal medication of any kind (aspirin, inhalers, stomach pills, etc.) is not to be given to any patron. Only use supplies available in the first aid kit for which you have been trained to use in your first aid certification. Appendix | 106 Item 1G-235 8 FACILITY AND POOL CLEANLINESS 1) All staff members have a responsibility for 'good housekeeping.' 2) Personal towels may be hung neatly on the rack in the Lifeguard/First Aid room. Towels and clothing found lying on the floor will be taken to the lost and found daily and disposed of weekly. 3) Bookshelves and tabletops shall be kept neat and orderly. 4) All trash must be deposited in the appropriate garbage and recycling receptacles. 5) All personal items, including duty uniforms and lifeguard equipment must be stored appropriately. 6) Encourage patrons to deposit their trash in the proper receptacles. 7) The Lifeguard/First Aid room will always be kept neat and clean. Personal containers and dishes are to be taken home each evening. 8) All counters and desks must always be kept clean and orderly. The cleanliness and total appearance of all the facilities is a reflection of our staff, the City of Palm Desert and the YMCA in general. It is everyone's responsibility to eliminate clutter, litter, and maintain a clean facility, indoors and outdoors. The supervisors will call on all staff members to assist with clean-up details. Staff members should expect this as part of their job responsibility. HEALTH REGULATIONS 1) Persons known to be afflicted with infectious diseases shall be excluded from the pool facility at a supervisor’s discretion. 2) The aquatic staff, receptionists and management will always be on the watch for the people with symptoms of colds, cough, red or infected eyes, skin eruptions, and diarrhea within the last two weeks. They are an illness threat to others, including staff. Staff members are also to be excluded if symptomatic of the above illnesses. 3) All patrons should shower before entering the pool. If patrons are conditioned at the beginning of pool use to shower thoroughly, requiring showers will be a simple task. 4) Every member of the swimming pool staff is instructed to enforce the pool rules and regulations. Pool rules and regulations are posted on the pool deck and front desk. In the event a patron is unwilling to comply with the posted rule & regulations, the employee should immediately contact their supervisor and/or management. Appendix | 107 Item 1G-236 9 PERSONAL REQUIREMENTS 1) All staff members are expected to maintain a high level of personal fitness appropriate to their position. 2) All pool staff members will be required to wear a staff uniform while on duty. Instructors will wear an appropriate and approved swimsuit. A swimsuit must be warn under the issued shirt and shorts. 3) All staff members are expected to maintain good personal grooming habits as outlined in the YMCA employee handbook. 4) Lifeguards are required to maintain current certifications in Red Cross Lifeguarding (which includes First Aid & CPR/AED for the professional Rescuer), Bloodborne Pathogens, Administering Emergency Oxygen, Asthma Inhaler and Epinephrine Auto Injector 5) Swim Instructors, Front Desk Employees and Management are required to maintain (at a minimum) current certifications in Red Cross CPR/AED for the professional Rescuer, Bloodborne Pathogens, Administering Emergency Oxygen, Asthma Inhaler and Epinephrine Auto Injector 6) Policies and procedures will be revaluated annually and as required due to best practices, evolving industry standards and Red Cross certification updates. GENERAL STAFF RESPONSIBILITIES 1) At all times conduct yourself to reflect favorably upon the city of Palm Desert, the YMCA, the people you serve, the profession, and yourself. 2) Always treat the public with respect and courtesy. Never argue, instead, explain the reasons behind the policies you are enforcing. 3) Employees are not expected to be subjected to abuse from the public. For this reason, refer all complaints to your supervisor and/or management. 4) If a patron voices a complaint to you, and a supervisor or manager is not available to handle the situation, fill out an incident report (Appendix ?) located in the Lifeguard/First Aid room. Make sure to include the following: a. The individual's name, telephone number , specific nature of the complaint, Appendix | 108 Item 1G-237 10 and any other necessary information. b. Refer the patron comment form with the above information to the supervisor. c. If the patron is hesitant to leave the above information, furnish him or her with the name of the Aquatic Manager and the manager’s business card with appropriate contact information. d. In all cases, bring any complaint directly to the attention of the shift supervisor. e. In all cases, treat the dissatisfied patron with courtesy, be pleasant and tactful, and be tolerant of the opinions of others. f. In all cases, assure the dissatisfied patron that the situation will be carefully examined. 5) Master the techniques of leadership, instruction, and other skills, and constantly attempt to improve your ability and usefulness. Be alert, friendly, and businesslike while on duty. 6) Every staff member is expected to support the decisions of their supervisors. Raise questions on their decisions directly to that supervisor at an appropriate time. 7) Every staff member is expected to be willing to aid in the training of new personnel at the Palm Desert Aquatic Center. 8) In all ways attempt to remain in excellent physical and mental health and always retain a good sense of humor. Recognize that it is your duty to serve the best interests of all. 9) The Palm Desert Aquatic Center expects each employee to always work as a team member with other employees. This is imperative when developing community goodwill, and to enhance the overall program. 10) Set the example for patrons, obey all safety rules. If you don't know whether you are setting an example, ask yourself if you were doing something you would instruct the public not to do; if you are, stop doing it. Exceptions to this are only acceptable under supervised staff training procedures. On Duty Hours 1) All staff members will be on duty according to the schedule posted within our employee management system’s UKG Ready app 2) All scheduled hours must always be adhered to, unless authorized, by text or E-mail from a direct supervisor in advance. When a day off is needed, a time off request must be completed through the UKG Ready app and submitted at least two weeks in advance (or at the discretion of the Aquatic Manager or direct supervisor). Vacation, Sick and paid time off hours cannot exceed the hours you are scheduled for on that date. UKG Ready will require `you to include the following in your request : Note: Vacation or Sick hours may not be used on a company paid holiday for full time staff. Appendix | 109 Item 1G-238 11 a. Type of time off being requested b. Date(s) off being requested c. Hours being requested for each date d. The reason for your absence 3) At times, pool management, or the shift supervisor in charge, may find it necessary to relieve staff members when a pool closure occurs, or program attendance does not require the scheduled number of staff. 4) It is expected that staff will show up for work on time and prepared. Unsatisfactory attendance, including reporting late or leaving early, may result in disciplinary action. Reference the YMCA employee manual for further details 5) Each employee will be expected to remain on duty during the specified scheduled times and may leave early only when an emergency occurs, or authorization has been given. The shift supervisor will not leave while programs are in place or the facility is open, unless you receive direct approval from Management and have a replacement. UNDER NO CONDITION MAY A PROGRAM OR THE FACILITY BE LEFT UNATTENDED WHEN THERE ARE PEOPLE INSIDE THE FACILITY. Telephone 1) All front desk staff, shift supervisors, and managers have the responsibility to answer the telephone if necessary. 2) If you cannot answer the caller’s questions, refer them to someone who can. DO NOT GUESS IF YOU ARE NOT SURE OF THE ANSWER. 3) The opening greeting should be "Palm Desert Aquatic Center this is ___________, how may I help you"? 4) When a caller wishes to speak with a staff member who is on duty, reply "I'm sorry; he/she/they is/are on duty now. May I take a message?" 5) Personal calls are discouraged. Personal cell phones are not allowed to be used by the employee while working, unless authorization has been given or your position requires use of a cell phone at times. 6) All staff members are not to use the aquatic center telephone for personal calls except to arrange personal transportation or in an emergency. All on duty (deck) staff will not accept personal calls. The receptionist will always take a message. 7) Personal phone numbers of staff and staff schedules will not be given out to patrons or other callers for any reason. Appendix | 110 Item 1G-239 12 POOL USE AND SAFETY RULES A. General Recreational Rules: 1) People may not swim without a lifeguard on deck and on duty. 2) Acceptable family friendly cotton-free swim wear is required to be worn. Street clothes are not allowed including cotton shirts, shorts and underwear, Jeans of any kind, Athletic shorts, spandex (yoga) pants, sweatpants, athletic jerseys, or swimsuit wraps of any kind. 3) Everyone is required to shower before entering the pool. 4) Children and adults, who are not toilet trained, must wear swimming diapers; disposable diapers will not be allowed in the pools. 5) Parents/guardians are responsible for their minor children attending the aquatic center at all times. 6) Children 12 years & younger must be supervised at all times by a responsible person 16 years or older. They must be accompanied in the water by an adult if they are non-swimmers. 7) Outside of the recreational pool, children under the age of 18 who have not passed the swim test must remain in water 4’6” or shallower and within arm’s reach of a responsible adult even if they are wearing a personal flotation device. 8) Children and adults wearing personal flotation devices are required to stay in water 4’6” or shallower and children must be within arm’s reach of a responsible adult. 9) Sitting or hanging on float lines or lane lines is not allowed. 10) No hanging or playing on ladders. 11) Diving is only permitted in the deep end of the pool over 6 feet. 12) Running or rough play on the pool deck is not allowed. 13) No somersaults, cartwheels, back flips, rough play or standing or sitting on other swimmers’ shoulders in any pool or on the deck. 14) Towel snapping in the dressing rooms and on the pool grounds is not allowed. 15) There are no glass containers, plastic bottles that shatter, or gum permitted anywhere in the facility. 16) Food and drinks are permitted only at the tables and grass areas. They may not enter the pools. Appendix | 111 Item 1G-240 13 17) Fins and kickboards are only to be used during lap swims and/or instructional classes. These items are not allowed for general recreation swimming. 18) Please watch that older, larger swimmers don’t roughhouse in the shallow area in a manner disruptive to other patrons and non-swimmers. 19) Be sure equipment is returned to their proper places immediately after use. Report any damaged or missing items as soon as possible to the supervisor and/or write in the logbook. 20) People who have consumed alcoholic beverages or drugs will not be allowed into the pool or facility. 21) Profanity, vulgarity or maliciousness is not permitted at the facility. 22) Use of aquatic toys and equipment a) Balls, squirt guns, toys, diving rings or other inflatable objects may not be used in any pool outside of swim lessons. Any other objects in the water must be approved by a pool shift supervisor and be known to be safe. b) Kickboards, fins, hand paddles and pull-buoys may be used only during lap swims, swim team workouts, or instructional classes. c) Children wearing mermaid tails MUST pass the swim test wearing the tail if they want to use them in the Rec. and Lap pools. 23) Skin and Scuba Equipment a) SCUBA equipment, fins and snorkels are not allowed during open recreation swims unless special permission has been granted in advance by the Aquatic Coordinator or Aquatic Manager . b) SCUBA equipment will be allowed for class use if: i) The instructor holds national certification through a recognized certifying agency. ii) The tanks have boot protectors. iii) The students are registered for the class. 24) No smoking allowed at or around the facility. 25) Bicycles, skateboards, skates (including in-line & Heelys) are not allowed in the facility. 26) In case of an emergency, all swimmers may be asked to evacuate the pool, pool area and facility immediately. 27) Prolonged breath holding and underwater swimming is not allowed. 28) Instructions from the lifeguards and pool staff are always to be obeyed. Appendix | 112 Item 1G-241 14 B. Deep End of Pool: deep-water is defined as any water depth greater than 4’6”. 1) Swimmers under the age of 18 must take a swimming test and demonstrate their ability to swim in deep water. The test will be administered in the shallow end and a “band” of competency will be dispersed and worn on the wr ist upon approval. (See Appendix A) 2) All deep-water swimmers under the age of 18 must pass the deep-water swim test, thus, life jackets/catching and/or assisting non-swimming children in deep-water is not allowed. 3) Only front jumps and dives from the deck are allowed in designated areas and scheduled times only. 4) Diving boards may be closed for intervals at the discretion of the lifeguard to permit swimming in the deep end. 5) Swim teams and instructional classes will only use starting platforms while the coach/instructor is actively supervising them. C. Diving Board Rules 1) Only one person at a time is permitted on a diving board (except instructional staff during lessons). 2) Use the ladders to climb onto the board 3) One bounce only. 4) No backflips or Gainers. 5) No hanging from, sitting on or doing handstands on the diving board. 6) Dive or jump straight off the front end of the board. 7) Following a dive, the swimmer is expected to swim to the nearest side; no swimming under or between the diving boards. 8) No running off the diving boards 9) Require divers attempting dives to difficult for their ability to stop. If necessary, ask them to leave the diving end of the pool. D. Wading Pool Rules: Appendix | 113 Item 1G-242 15 1) Adult supervision is required for all children swimming in the wading pool section. 2) Wading pool use is for children under six and others who are unsafe in the larger pools. 3) Older siblings/friends are permitted when there is room and only if playing is appropriate for the under six age group. 4) Toys, balls, and other inflatable objects are not allowed in the wading pool. 5) USCG approved Personal Flotation Devices are the only flotation devices allowed in the wading pool. 6) Swim diapers are required for children who are not fully potty trained. E. Waterslide Rules 1) All riders must follow lifeguards’ instructions. Failure to follow rules can result in serious injury (and may result in a patron being required to leave the pool, pool area and surrounding premises). 2) All riders must be 48” tall. 3) All riders must ride feet first on their backs or sitting up at all times. 4) Maximum rider weight is 300 pounds. 5) Additional propelling action is not allowed 6) Please remove all jewelry and objects in pockets before riding the slide. Swimsuits only, no cut offs. Any apparel that will scratch or get caught in the flume is not permitted. 7) Riders must enter the slide in a sitting position and wait for instructions from the lifeguard stationed at the slide starter tub. 8) Only one rider at a time. No trains or chains of riders are permitted. 9) No tubes, mats or life jackets are permitted on the waterslide. 10) The line should form on the deck at the bottom of the stairs. One rider for each slide may be stationed on each stair landing and on the top deck. Once the riders who are on the top deck enter the starting tubs, then the line moves up one position. 11) Riders must be in good health. Pregnant women or individuals with heart or back conditions should not use this ride. Appendix | 114 Item 1G-243 16 12) No running, standing, kneeling, rotating, or stopping in the flume. Arms and hands must remain inside the flume. 13) No diving from the slide. 14) Riders must leave the Catch pool promptly after entering. 15) Spectators must stay clear of the areas used by slide users. 16) Warning: water depth is 3 feet 6 inches. 17) E-Stops for slides’ emergency shutoff are positioned at the top of slide and at the bottom of stairs at the gate entrance. F. AquaZip’n Rules 1) Only one person at a time is permitted on the AquaZip’n. 2) Only one person at a time is permitted in the designated drop zone. 3) No Diving, backflips, or Gainers. feet first entries only. 4) Rider must take off from a standing position directly beneath the rope. No running starts. 5) Riders must grab onto the rope with both hands above the highest knot they can reach without jumping and pull themselves straight up onto the rope. 6) The line forms on the deck behind the yellow line. 7) Following a dismount, the swimmer is expected to swim to the Side of the pool they entered, from between the yellow barrier and the stepladder. No swimming into the drop zones of other attractions. 8) Maximum rider weight is 250 pounds. G. Climbing Wall Rules 1) Only one person at a time is permitted on the Climbing Wall. Appendix | 115 Item 1G-244 17 2) Only one person at a time is permitted in the designated drop zone. 3) No climbing higher than the highest hand hold. 4) Climbers may only use the handholds to climb and are not permitted to hold onto the sides of the wall. 5) Only aquatic footwear may be worn while climbing. No sandals or street shoes. 6) The line forms on the deck behind the yellow line and yellow barriers. 7) No Diving, flips, or Gainers. feet first entries only. 8) Rider must mount the climbing wall from the water. 9) Following a dismount, the swimmer is expected to swim to the Side of the pool they entered from and exit between the yellow barrier and stepladder. No swimming into the drop zones of other attractions. 10) The maximum rider weight is 300 pounds. H. Splash Playground Rules 1) Aquatic footwear is always recommended. 2) Children 6 years & younger must always be supervised by a responsible person 16 years or older. 3) Surfaces of play features may be hot. Inspect the area before starting play. 4) Drinking pool water is unsanitary, can cause serious illness and is prohibited. 5) Children who are not toilet trained must wear swimming diapers; disposable diapers will not be allowed. I. Locker Room Rules 1) Children 5 years and over must use the locker room of their own sex. If this presents a difficulty, family changing rooms are available. 2) Towel snapping, running, or rough play is not allowed in the locker rooms. 3) No food or drink allowed in the locker rooms. LIFEGUARD PROCEDURES Appendix | 116 Item 1G-245 18 When on duty, the lifeguard is constantly in the public eye. They are the visible representation of the Palm Desert Aquatic Center and must be above reproach in the enforcement of rules and in the manner of enforcement. Palm Desert Aquatic Center lifeguards are trained to handle emergencies, but the key to safety is PREVENTION. The lifeguard must be alert to all situations that may endanger patrons or reduce enjoyment. The lifeguard should be able to act fairly and consistently to correct the situation. A. Techniques of Lifeguarding Constant vigilance are the key words to effective lifeguarding – NEVER LEAVE A POOL UNATTENDED WHEN PATRONS ARE PRESENT. The lifeguard should always be rescue-ready, highly alert, and follow the Red Cross 10/20 recognition/response rule. Scan the area and recognize what each swimmer is doing. If you think a swimmer is weak or might get in trouble, act quickly and intelligently! Do not wait to see if a problem arises. When scanning through your zone be proactive Get to know weak swimmers and those who break the rules. a. Develop the ability to concentrate. Keep alert and react quickly. b. Scan your zone from bottom to top and 180 degrees left to right. 2) When rotating stations, carry lifesaving equipment with you. 3) While in the facility, the lifeguard is never entirely off duty. When not on surveillance duty, on breaks or meal periods be ready to assist or relieve fellow lifeguards when necessary. 4) Lifeguards should never turn their backs on the water when they are lifeguarding and must not leave their stations unless properly relieved. 5) Lifeguards should be particularly watchful for: a. Weak swimmers b. Elderly persons c. Persons swimming alone d. Very young children e. Under water swimming f. Prolonged breath holding Appendix | 117 Item 1G-246 19 B. Operational Procedure 1) The designated shift supervisor oversees the facility and staff. 2) The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age. 3) The facility may not open to the public without a minimum of 3 staff members with a current lifeguard certification are present. 4) Lifeguards must be ready to guard or carr y out other assigned duties when their shift begins. 6) All schedules are posted within our employee management system’s UKG Ready app. Staff receive a notification via email when a new schedule is posted. 5) Deck Lifeguards - On Deck: a. During high use times, lifeguards will typically rotate stations every 10 or 15 minutes – The Shift Supervisor will set the rotation schedule. b. Male lifeguards will check the men’s locker room (check patron behavior, pick up and clean as necessary). c. Female lifeguards will check the women’s locker room (check patron behavior, pick up and clean as necessary). d. During high use times a lifeguard shall occupy the elevated lifeguard chair(s) where av ailable. e. Whistles: Must always be with you during your scheduled lifeguard shift, not just while engaged in surveillance. An emergency whistle code will be employed and understood by all lifeguards. f. Rescue hip packs must always be worn. Packs will be adequately supplied with resuscitation masks and non-latex gloves. The lifeguard is responsible for checking that the pack is adequately supplied before leaving the Lifeguard/First Aid room. 6) Lifeguards a) When lifeguards are not performing patron surveillance, they check the facility, including restrooms and locker rooms, for any safety concerns. They respond to all emergencies, providing first aid to injured persons as dictated by the facility EAP. Additionally, they assist in maintaining and cleaning the facility. b) No lifeguard should be scheduled to work more than 8 hours in one day. If numbers do not justify a full complement of staff, the shift supervisor on duty may release excess staff from work. Appendix | 118 Item 1G-247 20 7) For injuries to patrons not participating in one of our programs, complete injury report form(s) (Appendix G) and give it(them) to the shift supervisor who will then turn it in to Aquatic Manager. 8) For injuries to patrons participating in or attending any of our programs, or if EMS is called to the facility for any reason, immediately report the incident to your shift supervisor. Fill out general liability incident report and give it to the shift su pervisor, who will then turn it in to Aquatic Manager. The Aquatic Manager will be responsible for taking the paperwork to the YMCA and contacting the appropriate personnel. 9) For injuries to staff members, contact supervisor immediately and have employee sign the employee injury/illness procedures, fill out form 5020. If the injured employee requires medical treatment, they will also fill out the designated area of the workman’s compensation claim for (DWC-1). Have any witnesses fill out a witness statement form. send employee to one of our occupational medical clinics or urgent cares listed. Turn all documents in to the shift supervisor, who will give it to Aquatic Manager. The Aquatic Manager will be responsible for taking the paperwork to the YMCA and contacting the appropriate personnel. 10) At the end of your shift, check in with the shift supervisor before clocking out and leaving the facility. LIFEGUARD RESPONSIBILITIES 1) Be thoroughly familiar with the Emergency Action Plan (EAP) and all emergency procedures. Periodic drills of these procedures will be made throughout the year and your ability to react and perform will be documented for performance reviews and evaluations. 2) Enforce all pool rules in a polite and courteous manner to all patrons regardless of age. 3) Through careful and consistent enforcement of the pool rules, teach patrons safe habits and attitudes toward aquatic activities. 4) Accept suggestions from patrons and bring them to the attention of you shift supervisor. Encourage patrons to use the suggestion form (Appendix I) if they have a comment. 5) Perform swim tests to assess swimmer’s swimming ability. 6) When correcting violations of pool rules and regulations, explain the rule to the offender. Be firm, positive, and friendly. 7) Conversation while on surveillance duty: a. Answer questions from the guard chair or while out on deck but avoid prolonged discussions and the RID factor. While answering questions, keep your attention on the pool, do not make eye contact with the patron, keep Appendix | 119 Item 1G-248 21 your eyes on the water. Detailed questions should be forwarded to the shift supervisor or management staff. b. Be brief and polite to patrons. c. Social contact while on surveillance duty is not appropriate. 8) At the end of each swim session, return all equipment used by swimmers to appropriate storage areas and/or get equipment prepared for the next session. 9) Maintain the lifeguard rotation schedule as closely as possible. 10) Inform the shift supervisor whenever equipment is out of order, such as broken windows, leaking pipes, stopped drain, etc. The shift supervisor will then use MaintainX to document the issue(s) and submit a work order to the Facility Operations Manager. 11) Additional duties should be assigned. Lack of work means an excess of personnel and a waste of time. When out of work, request an assignment from your immediate supervisor. 12) After each rotation down from surveillance duty, check locker rooms (pick up trash, empty waste baskets, and help patrons if necessary). 13) Document and report all rescues, first aid given, injuries, and incidents on proper forms. All reports should be passed onto the Lifeguard Supervisor and/or Aquatic Manager. 14) Check the bulletin board, schedule roster, and daily logbook at the beginning of each shift. 15) Perform cleaning duties throughout the day as required on the Lifeguard Opening/Closing/Mid-day Cleaning Procedures Checklist (Appendix J) Patron Surveillance Patron surveillance is one of the key tasks of a lifeguard at any aquatic facility. It is one of the most important parts of the lifeguard’s daily duties. As a lifeguard, you will spend time at a station, effectively scanning your area of responsibility. The Red Cross 10/20 rule is followed at this facility. As a lifeguard, it is expected that you should be able to spot a swimmer in your zone who is in trouble within 10 seconds, and then be able to reach that person within 20 seconds from your location. Remember that surveillance includes blind spots, areas below guard chairs and diving boards, and all deck areas around the pool. Lifeguards will take turns walking through locker rooms on each rotation as well. It is your job to constantly provide patron surveillance both in and around the water... This facility has an average of 8 guards on duty during a busy day, Appendix | 120 Item 1G-249 22 with an additional two for rotation. Each guard should provide surveillance for their respective zone. An example of a zone map of this facility is attached on the next page. The RID factor is taught through the Red Cross lifeguard certification class and is a great tool to refer to, to keep lifeguards performing at their best. Failure to recognize that something is going on, such as an injury, drowning, request for assistance, etc., is one of the main examples of a lifeguard not responding to a situation in a timely manner. Intrusion of secondary duties such as performing other tasks while guarding; talking with a customer; watching a water polo match while on the stand; could all be examples of things that keep a lifeguard from effectively performing their duty. Distractions such as friends, cell phones, customers, or eating, are examples of things that would prevent your staff from being rescue ready at any given moment. When we talk about scanning, it is important to note that different times of day require different techniques from the staff to effectively watch all swimmers. Certain times require total coverage, in which the lifeguard is responsible for an entire pool. They would need to find the optimal spot from which they can see all areas of the pool, both above and below. This might call for moving of a station due to the sun and glare or becoming a roving guard who continually moves to ensure total coverage. Another time of the day might create zone coverage. When two or more guards are working at one pool, they would each have an area that falls into their zone. As a lifeguard, it is important for you to identify what type of coverage is needed during a specific time of the day, and to be ready for that type of coverage. Remember that you are a certified lifeguard. You should always be ready to enter the water or assist with a patron and any time during your shift. Lifeguards will rotate through the stations during their shift. This helps to keep them alert, to relieve monotony, and to decrease fatigue. You can actively participate by making sure you rotate in the correct manner, and by making sure that you rotate on time. The rotation time is based on the number of patrons at the facility, as well as by how many lifeguard stations are open. If a lifeguard needs a break before the rotation, signal your shift supervisor who can come and assist you. It is important to remember that you are responsible for patrons in the entire facility, not just the pools themselves. Be aware of all your surroundings, always. SHIFT SUPERVISOR/LEAD LIFEGUARD RESPONSIBILITIES 1) Must be at least 18 years of age and hold Red Cross certifications in Lifeguarding, CPR, First Aid, AED, Emergency Oxygen, Epinephrine Injector and Asthma Inhaler. 2) Inspect work area before and while on duty 3) Ensure that all staff scheduled are prepared for their shift. Double check the schedule, document and make appropriate adjustments if needed. Appendix | 121 Item 1G-250 23 4) Always keep attendance, no-shows, and performance records of lifeguards on duty. Report these to the Lifeguard Supervisor. 5) Establish lifeguard rotation assignments prior to the beginning of all swim sessions. On days when large numbers of patrons are expected, lifeguards should be stationed at all open pools and throughout the facility. Use elevated guard chairs where available. 6) Inform the cashier when the pool is ready to admit swimmers. Always be on time when admitting patrons. 7) Ensure that all exit doors are accessible during hours of operation. 8) Water Chemistry: a. Take and record regular pool chemical checks every hour. b. Have water chemistry adjusted as needed before opening, during duty hours and at closing by communicating with the Facility Operations Manager and/or Aquatic Manager . 9) Assist the cashier if needed. 10) Participate in lifeguard station rotation as needed. 11) Open or close the facility, according to procedures, as the shift/programs warrant. 12) Enforce and follow all pool rules. 13) Determine that the correct number of staff is on duty, if not, adjust the schedule as necessary. 14) Be willing and available to participate in conflict resolution with patrons. 15) When faced with an excessively unruly and uncooperative patron, do not hesitate to call the police if necessary. Complete a written report(s) and speak with the Aquatic Manager. 16) In emergency situations, ensure the EAP is being followed and take appropriate role in the response, determine if outside assistance should be summoned and ensure all emergency procedures are initiated as well as EMS services if required. 17) When necessary, tactfully indicate to staff how performance of duties may be improved. This should be done in private unless immediate correction is necessary to protect the health and safety of the public or staff members. 18) Bring to the attention of the Lifeguard Supervisor, or Aquatic Manager if direct supervisor is unavailable, all instances of inferior work habits and non-observance of pool rules and regulations by staff. 19) Bring to the attention of the Facility Operations Manager and/or Aquatic Manager all instances of any abnormal situations around the pool which may be potentially dangerous, such as cracked tile, slippery deck areas, soap, and glass on floor. Appendix | 122 Item 1G-251 24 Correct these conditions at once if possible or restrict access to hazardous areas until corrections can be made. 20) Be positive, tactful, cheerful, communicative, and cooperative while discharging all duties. SWIM INSTRUCTOR RESPONSIBILITIES The swim lesson program at Palm Desert Aquatic Center is a high priority. We are committed to providing the best quality programs possible. As an instructor, your responsibility to your students is to ensure that they learn proper water safety and swimming skills. Ethical responsibilities of all instructors are a priority. Those responsibilities are as follows: 1) Student safety is the instructor’s 1st priority. 2) Follow prescribed teaching techniques found in the Palm Desert Aquatic Center Swim Instruction Packet. 3) Instruction should be logically progressive (from simple to complex). To ensure continuity, the instructors are expected to commit themselves to teaching throughout the lesson session. 4) Instructors are expected to teach all skills as listed in the Swim Lesson Manual for each skill level. A pass or failure of a class level is dependent only on a student’s ability to perform those skills listed for that level. If all instructors follow the skill progression greater consistency will be maintained in our swim program. A. General Swim Instructor Procedures: 1) Secure the class lists from the Aquatics Coordinator. 2) Wear swim lesson uniform. 3) Begin class on time. 4) Be prepared with lesson plans and strategies. 5) Thoroughly test all students on the first day of the session. 6) Transfers: a. If a student is registered in a class that does not match their swimming skills, speak with the Aquatics Coordinator about having them transferred to a more appropriate class. b. Include the parent(s) in the transfer process by communicating why you think a transfer is necessary and listening to their feedback. Appendix | 123 Item 1G-252 25 c. All transfers should be completed by the second swim lesson day of the session. d. Make sure that all involved in a transfer (students, instructors, and parents) are notified as soon as possible. 7) Always teach and require proper pool etiquette. 8) Be prepared to answer questions from inquisitive parents. 9) Class certificates and Mid-Season Repot: a. Make out cards or certificates for each student before the last class. b. Make sure parents know if a child does not pass to a higher level and encourage the student to ret ake class as soon as possible. B. Student Safety Procedure: 1) Student safety is the instructor’s primary concern. 2) Never leave a class unattended in the water or sitting on the edge of the pool. 3) If it is necessary to leave during a lesson period a. Notify the Aquatics Coordinator, lifeguard and find an aide to supervise the class. b. Have the class sit quietly away from the pool edge. c. Keep such absences to an absolute minimum and as short as possible. 4) Keep all students under constant, direct surveillance during class periods. 5) Instructors will be constantly alert to the needs of their students during a lesson period. EQUIPMENT RENTAL PROCEDURE There is assorted swim and deck equipment available to rent at the front counter of the Palm Desert Aquatic Center. To check items out: . 1. Receive the rental fee and ring it into POS 2. Take a valuable for collateral. Appendix | 124 Item 1G-253 26 a. Adults leave keys or a shoe b. Youth leave a shoe 3. Put collateral and rental form in corresponding place holder. 4. Give patron the rented item. To check items in: 1. Receive the item from the patron and check the item’s condition. 2. Confirm the collateral goes to the patron. 3. Return the collateral. 4. Return the rental item in good working order to its appropriate place. If rental equipment is returned damaged: 1. Set the item aside for repair or replacement 2. Put a copy of the rental damage form in the Program Manager’s box. DISCIPLINE POLICY & PROCEDURE The Palm Desert Aquatic Center facilities are meant to be a community center for recreation, competition, relaxation, and wholesome fun, within a framework of safety. The rules for use are based on this philosophy. Disciplinary measures will be initiated for anyone who cannot follow the rules in the spirit of this philosophy. The disciplinary measures you take should correct the actions of the offender, not insult or be abusive to the violator personally. Be firm, Professional, and diplomatic in the way you discipline. 1) Be familiar with all rules and regulations, know reasons for each, and be mindful of their enforcement. 2) Be consistent, fair and equal in your action – do not play “favorites”. 3) An incident from is located in the Lifeguard/First Aid room on the wall under Lifeguard Reports. 4) An incident report must be completed with information containing all major discipline problems: name, address, phone number, date, nature of incident, action taken, and signature of the involved staff member and if possible, a witness and then filed at front desk. Document the incident thoroughly. Appendix | 125 Item 1G-254 27 5) In case of a suspension complete an incident report, notify the Aquatic Manager immediately and give the front desk personnel a copy of the necessary documentation to enforce the suspension. 6) Discipline will vary from incident to incident. However, the following general framework should be followed: a. Warning - For minor offenses, politely, but firmly warn the offender. If you have time, call the offender to you, and explain the rule(s). b. Break Time - Repeated minor incidents require that the offender sit out quietly for ten minutes. c. Removal - A patron will be asked to leave if he/she commits a major offense. Examples are: Repeatedly disobeying staff Harassing staff and/or other patrons* Fighting* Vandalizing or destruction of the facilities* Stealing * Under the influence of alcohol or drugs* * May be reported to police for criminal action d. Suspension - Repeated and/or major offenses may result in an indefinite suspension from the facility. The Aquatic Manager and City Staff will decide this course of action. 7) If a minor is removed or suspended from the Palm Desert Aquatic Center, call a parent or guardian to accompany them from the facility. 8) If a patron refuses to leave and all reasonable methods of persuasion have failed, call the police. CHILD ABUSE POLICY & PROCEDURE Safety for all children is the highest priority. We have the moral and legal responsibility to keep children safe from predators and other people who can place children in potential or real situations that can cause harm. Child abuse must be reported when one who is a legally mandated reporter “has knowledge of or observes a child in his or her professional capacity or within the scope of his or her employment whom he or she knows, or reasonably suspects has been the victim of child abuse…” (Pen. Code, 11166[a]) 1. All staff are required to complete the YMCA Child Abuse Prevention Training (CAP) within the first 30 days of being hired. Appendix | 126 Item 1G-255 28 2. Through the CAP training, staff will become familiar with different forms of child abuse, how to recognize it, and how to report it. To contact Riverside County Department of Social Services, call 1-800-442-4918. 3. Notify your supervisor immediately in any case of potential child abuse that you observe. You and your supervisor must obtain names, addresses, and facts pertinent from those involved, including witnesses to assist in the incident investigation, call the police and file a report with the appropriate reporting agency. You and your supervisor must follow up with the Aquatic Manager. MISSING PERSON PROCEDURE In California, a missing person is someone whose whereabouts are unknown to the reporting party. This includes any child who may have run away, been taken involuntarily or may be in need of assistance. It includes a child illegally taken, held or hidden by a parent or non-parent family member (See California Penal Code Sections 277-280). If a Child is reported missing from the Palm Desert Aquatic Center, staff (who are not actively involved in patron surveillance) should act quickly: 1. Gather the following information of the child who is missing: a. Name b. Appearance c. Gender d. Last seen wearing e. Last seen location 2. Notify the front desk 3. Notify the shift supervisor 4. Notify all on-duty personnel 5. Have all available on-duty personnel check the bodies of water at the facility 6. Check all perimeter emergency exits and assign additional staff to monitor the facility entryway/exit 7. Thoroughly check locker rooms 8. Thoroughly check offices, storage room, multiuse room, mechanical room, and yard 9. Walk the aquatic center grounds Appendix | 127 Item 1G-256 29 10. Walk the parking lot 11. Check Cameras 12. Notify the parent if the parent is not present 13. If the child is not located after the initial search, contact the police 14. Notify the Aquatic Manager 15. Complete an incident report using as much detail as possible There is NO waiting period for reporting a person missing. All California police and sheriffs' departments must accept any report, including a report by telephone, of a missing person, including runaways, without delay and will give priority to the handling of the report. LOST AND FOUND 1. Lost and found can only be claimed and removed by the owner. Any person, other than the owner, requesting to remove items must receive the approval of the shift supervisor and/or manager. 2. All lost and found items of suspected value such as wallets, cell phones, cameras, or jewelry, will be labeled with date and where found and turned into the front desk. 3. Wallets, money, and items of suspected significant value will be labeled by the front desk staff and given to a shift supervisor and/or manager to place in the safe. 4. If an item is placed in the safe , fill out the lost and found item check list along with the item label. 5. Hang wet clothes or towels to dry prior to placing them in bins. 6. Place non-valuable lost and found items in lost and found bins on the pool deck. 7. Empty bins weekly. 8. Items in lost and found for more than 2 weeks will be disposed of or donated to local charities. 9. When someone comes in or calls asking for an item get a detailed description before taking them to retrieve it. Appendix | 128 Item 1G-257 30 10. Do not tell someone “We have their item” Always ask for a detailed description and if there is an item that matches that description tell them there is an item that matches the description but DO NOT COMMIT on the phone or away from the facility that the their item is there, instead require them come to the facility and identify it. MEDIA COMMUNICATION POLICY In the event of an emergency where media or outside organizations are called or present asking questions about the incident: 1. Your response to those other than the paramedics should be “I’m not authorized to speak about the incident. My Aquatic Manager is “David Keyes” and our YMCA CEO is “Paula Simonds” you may contact either of them through the YMCA”. Do not discuss the accident or speculate why anything happened with the press or anyone other than the Aquatic Manager and the Executive Director of the YMCA. 2. Direct all questions regarding the incident to the Aquatic Manager. 3. The Aquatics Manager will contact the YMCA CEO, the appropriate city official, and PR personnel. POOL WATER CONTAMINATION RESPONSE PROCEDURE 1. Clear the pool of swimmers 2. Wear PPE’s for protection 3. Remove as much of the matter as possible with a net or scoop 4. Dispose in tied double plastic bio hazard bag and put it in the bio-hazard can in the first-aid room 5. DO NOT VACUUM 6. Keep a written log of water contamination accidents and document details (See Appendix B) Chemical Balance Procedure 1. Management only shall follow the procedure in (Appendix l) County of Riverside Department of Environmental Health – Fecal Accidents in Swimming Pools/Spas 2. Complete the fecal Incident Response Log (Appendix B) in detail and put in Aquatic Manager’s in box Appendix | 129 Item 1G-258 31 BIOHAZARD DISPOSAL PROCEDURE 1. Always wear appropriate PPE’s. Determination of PPE requirements based on size and characterization of spill: a. Large spill of body fluids such as a raw sewage leak that has a high risk of splash potential: PPE requirements include water proof gloves, rubber boots, waterproof Tyvek coveralls or suit and mucous membrane protection that include goggles and a dust mask. b. Small spill of body fluids such as a small pool of blood that has a risk of splashing: PPE requirements at a minimum include waterproof gloves and mucous membrane protection with goggles and dust mask. Protective clothing such as boots and coveralls may be worn depending on the size and potential for splashing during clean-up. c. Dried body fluids or a very small spill of body fluids such as dried blood or blood from a mild nose bleed, which have a low risk of splashing: Wearing water-proof gloves at a minimum would be required for PPE in this type of spill clean-up. Other PPE may be worn depending on the situation. 2. Large or small spill with splash potential: a. First use absorbent material to soak up and contain spill with absorbent powder/ paper towels. b. Pour disinfectant directly onto material to disinfect. A broad spectrum disinfectant such as a 10% bleach solution poured on and left on the material 10-30 minutes before clean-up is sufficient in most instances to disinfect. Other disinfectants may be used as long as the label lists that it kills a broad spectrum of human infectious agents. c. After the body fluid material is collected and placed into a biohazard bag, pour disinfection on the area of spill to complete disinfection. d. Wipe up with paper towels. 3. Dried body fluids or small spill with low splash potential: a. Use absorbent material to soak up and contain spill with absorbent powder/ paper towels if necessary. b. Pour a broad spectrum disinfectant such as a 10% bleach solution onto the body spill and leave on for 10-30 minutes before clean-up. Other disinfectants may be used as long as the label lists that it kills a broad spectrum of human infectious agents. It is important to read these labels and be familiar with the directions for use and expiration dates of the disinfectant. Appendix | 130 Item 1G-259 32 c. After the body fluid material is collected and placed in a biohazard bag, pour disinfection on the area of spill to complete disinfection and wipe up with paper towels. 4. There are two procedures for disposal of any soiled items used on the person or in the cleaning procedures. A determination needs to be made as to whether to put the towels, paper, gloves, etc. in a Biohazard bag or in th e dumpster. a. The way to determine this is: IF THE BLOOD ON THE TOWEL CAN BE RELEASED WHEN COMPRESSED OR SQUEEZED TIGHTLY it MUST be placed in a red "biohazard bag” and disposed of in the biohazard bin. If it is not soaked and you cannot squeeze blood out of the towel, paper, etc., dispose of the soiled items in a small black bag and place in the dumpster. 5. Basic Hygiene & Accidental Exposures a. Employees should wash their hands with soap and warm water immediately after removal of gloves and other protective equipment. Work up a good lather and clean thoroughly between fingers and around nails. Rinse well. b. Disinfect all reusable equipment while wearing PPE c. Upon accidental skin contaminations wash the area with copious amounts of soap and water d. If the eyes or mucous membranes are accidentally contaminated flush with copious amounts of water e. Report all accidental exposures to your supervisor. WATER SLIDE PROCEDURE Daily Inspections: Proper waterslide maintenance is the key to keeping the ride fun and safe. Daily inspections will ensure that any problems are noted and dealt with in a timely manner. Record findings on the Daily Inspection Checklist (Appendix N) 1. Before opening each day, the pool supervisor and/or maintenance personnel will walk up the dry flume (without water) in order to inspect all joints and seams, while looking for any indication of damaged gel coat which may include chips, cracks and blisters. Appendix | 131 Item 1G-260 33 2. The inspections will include joint movement, support structure, stairs, railings and removing any debris in the flume. Each inspection should be recorded and initialed prior to opening the slide each day. 3. Once the above inspections have been completed the waterslide pump should be turned on. Allow the pump to operate for at least 10 minutes without any riders using the slide. This allows for a thorough inspection of the flume for leaks. Walk under the flume sections and note any leaks at the joints and at the plumbing connections. 4. The lifeguards should perform the final inspection. This is done by riding the waterslide. All rough riding areas should be noted and addressed at the close of the day in order to allow for time for repairs of necessary. 5. Check the pool water level and water quality prior to opening each day and record on chem. sheets (Appendix E) 6. Periodically clean the flume sections to remove chlorine and chemical build-up. Seasonal and Winterization Maintenance Proper waterslide maintenance is the key to keeping the ride fun and safe. Seasonal and/or winterization inspections will ensure that any problems are noted and dealt with in a timely manner. Seasonal/winterization inspections include tower checks, pressure washing, waxing, and caulking as necessary Record findings on the Seasonal Opening Checklist (Appendix O) or Winterization Checklist (Appendix P). Emergency Action Plan An emergency action plan (EAP) is a specific plan that everyone follows during an emergency. The EAP is usually activated by some type of signal or verbal command given by a guard on duty. The Palm Desert Aquatic Center has a detailed EAP for situations ranging from first aid to fires to criminal activity to earthquakes. The EAP contains phone numbers and contact names for you to reach in different types of scenarios. Note: A Lead Lifeguard or Lifeguard Supervisor sh ould always contact the Aquatic Manager for any emergency after all initial precautions have been taken. Please familiarize yourself with the PDAC EAP on the following pages. The written EAP is posted on the wall of the lifeguard office. It is important that you read it on a regular basis. It contains important steps to take during an emergency. All lifeguards should familiarize themselves with the plan so that they know it by heart. This way, when one of the emergencies takes place, you are ready to jump into action without have to go look it up. What would you do if an adult approached you and said their child has been missing for twenty minutes? What would you do if a person tried to take money from the front office? What would you do if the ground started shaking due Appendix | 132 Item 1G-261 34 to an earthquake? It is important that you know these things, and are ready to take charge should the situation arise. Further in this manual we will discuss communication. It is important to know that the EAP is activated by 3 long whistle blasts. If you hear this signal, you should immediately be ready to assist. If necessary, grab the medic bag and AED on your way out if you are in the lifeguard office. Or you might need to signal another guard to grab it. Have your radio (if available) with you in case you need to give instructions or request assistance. Other lifeguards should clear the pool if the situation occurred in the water. If more lifeguards are needed, they should clear the pool or attraction they are at and come over to assist. There is a phone list of contact numbers in all the offices. During or after an emergency, it is important that you know who to call and how to get a hold of them. Examples might include the Gas Company, Police Department, or City of Palm Desert. It is your job to ensure that the situation is handled in a timely and professional manner, and that the correct people are notified. Report Writing There are circumstances that require certain paperwork or reports to be completed. It is the responsibility of each lifeguard to know which form to use and where they are located. It is up to each lifeguard to make sure that he or she fills them out correctly and completely. In some cases it will be a lifeguard who fills out a report, and the lead lifeguard’s job to double check their work. Employee Incident Repo rt - is used for events that occur that are non-injury in nature. For example, a patron reports their wallet missing or a customer reports damage to their vehicle in the parking lot. The life guard should be careful to record the information with detail and accuracy. An example incident form is attached. Witness Statement – Is used to document the statements of patrons or other members of the public who have witnessed any incident occurring at or pertaining to the facility. Ouch Report - is used to record very minor injuries. A small scratch that requires a band-aid would be an example. This form is very short, and may be filled out without a parent present in the case of a child. An example ouch report is attached. (Appendix S) Injury Report - is used in the event of a patron injury. This is a detailed report that must be filled out as soon as possible, usually right there where and when the injury occurred. This form may be filled out by the lead lifeguard, or another lifeguard on duty. It is important to get as much information and to be as detailed as possible. If time is a factor, get at minimum a name, phone number, age and description of the injury. In this case you must follow up later and finish the report. If you are unable to get any information, and the victim is being transported, ask the agency that is transporting to let Appendix | 133 Item 1G-262 35 you know where they are being taken. An example of an injury report is attached. (Appendix G/H) Fecal Incident Response Log - is used to record fecal matter in the pool. If an accident occurs at the facility, clear the pool of swimmers immediately. This should be done even if you are not sure what matter is in the pool. It is better to be safe and take time to check it out. If a fecal accident has occurred, please follow the steps located on the attached forms. This will include removing a solid stool fecal matter, raising chlorine to at least 2ppm while maintaining pH between 7.2 and 7.5. Maintain these levels for at least 25 minutes. For Diarrhea, the pool must be closed and raise chlorine to 20ppm and maintain pH between 7.2 and 7.5. Maintain these levels for at least 12 hours and 45 minutes. Recheck all chemicals and fill out all forms before allowing patrons back in the water. An example of a Fecal Incident Response Log is attached. (Appendix Q) Water Rescue Report - is used anytime a lifeguard enters the water and performs a water rescue. This form is used for both children and adults. The lifeguard may just get some basic information from the victim, and then complete the report on their own. A supervisor may be called over to assist with the paperwork on a busy day. The water rescue report does not need to be completed for a simple assist. If the victim has any types of injuries, then an injury report must be filled out in addition to the water rescue report. (Appendix R) First Aid Situations requiring First-Aid can arise in an instant. From a minor cut on the bottom of the foot to a serious head/neck injury, lifeguards must always be ready for a variety of First-Aid scenarios. The lifeguard program at Palm Desert Aquatic Center includes training in the first aid that is required to be a certified lifeguard. It is up to each lifeguard to be sure his or her certifications are current. The following is a quick summary of some types of first aid situations that could occur, and steps to be taken. When you first approach a victim of any circumstance, identify yourself as a trained lifeguard. Ask for consent to treat the victim and wait for their answer. If the person is not a minor and refuses to give consent, you must not give care. You may continue to talk to the victim, and express your concern, if possible convince them to receive care. If an ill or injured victim refuses care, have another lifeguard present as a witness, and document the situation. If the injury is serious, or beyond your scope of training, get consent from the victim and call professional medics. Please be professional when working with any patron, especially during a first-aid situation. All dialogue, facial expressions, and actions should be professional. All care and information regarding the victim is to be kept confidential. This information may only be shared with EMS personnel. Appendix | 134 Item 1G-263 36 Remember to treat the injury first, and then complete paperwork. For example, if a customer arrives at the first aid office with a nose bleed, help them to control the bleeding before you start asking for th eir contact information. Use the acronym SAMPLE to ask the victim about their wellness and to assess the victim’s current situation. The response to the questions may determine what action is needed. S – What are the current signs and symptoms? A – Do they have any allergies? M – Are they on any medications? P – What is their past medical history? L – When was their last oral intake of food and drink? E – What were the events leading up to the injury? Heart Attack Possible symptoms: chest pain or pressure, shortness of breath, dizziness, lightheaded, fainting, pale ashen skin, profuse sweating, admission of past history Care: Summon EMS, have victim rest and get into position that is most comfortable to them loosen tight clothing, monitor ABCs, reassure the victim, assist with any medications, administer oxygen, be prepared for victim to stop breathing or lose pulse. Stroke Possible symptoms: difficulty with speech, sudden numbness or weakness on one side, headache, dizziness. Care: Have the victim get into their most comfortable position, look for signs of weakness on one side of the face, look for weakness in one arm or leg, look for slurred speech, notify EMS immediately if any signs noticed, monitor ABCs. Bleeding Possible symptoms: external bleeding, abrasion, laceration, avulsion, puncture Care: Cover the wound with dressing, apply direct pressure, elevate when possible, wash wound, and cover with dry dressing. Appendix | 135 Item 1G-264 37 Shock Possible symptoms: pale, cool moist skin, vomiting, rapid breathing, restlessness or irritability. Care: Monitor ABC’s, lie victim down, cover and keep warm or cool, elevate the legs, comfort victim. Nosebleed Possible symptoms: nose may be bleeding profusely or only slightly Care: Pinch the nostrils and have victim lean forward, ice on the bridge of the nose can help control bleeding and reduce swelling. Seizures Possible symptoms: victim may be shaking or convulsing, it may be very slight or more aggressive. Care: If in the water, keep victim’s head above water, do not remove from water until seizure is over, do not control victims movements, do not put anything in the mouth, Monitor ABC’s. Heat Exhaustion Possible symptoms: cool, moist, pale skin, nausea, dizziness, profuse sweating. Care: Move victim to a cool place, loosen clothing, apply cool/wet towels, fan victim, and give small amounts of water. Heat Stroke Possible symptoms: hot, red, dry skin, vomiting, changes in level of consciousness. Care: Contact EMS, move victim to a cool place, loosen clothing, apply wet towels/ice, and fan the victim. Diabetic Emergency Possible symptoms: confused, dizzy, low energy, victim will sometimes state that they are diabetic and ask for assistance or give direction. Care: If victim is conscious give sugar in liquid form, summon EMS if victim becomes unconscious or no sugar can be found. Appendix | 136 Item 1G-265 38 Communication Clear and concise communication is vital at the Palm Desert Aquatics Center. Communication includes verbal and non-verbal communication, hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management passes along information through in-service trainings. A lifeguard manual is located in the office for lifeguard communication. Important paperwork is available on numerous bulletin boards in the front office and the lifeguard office. As a life guard, you will want to ensure that your team is aware of the types of communication used on the deck. Whistles are one of the primary tools used by a lifeguard. Whistle command s are as follows: ONE Whistle Blast: Gain a patron’s attention TWO Whistle Blasts: Gain another lifeguard/supervisor’s attention THREE Short Whistle Blasts: Emergency/Activate EAP Hand signals are also utilized here at the aquatics center. Hand signals are as follows: Pat top of head with hand: Cover my area/zone Hold up closed fist in the air: Lifeguard needs assistance Point a finger: Look in that direction Thumbs up: Everything is ok Slide Hand Signals: Fist: Closed Slide Open hand: Open slide Fitness We encourage all staff to participate in various types of fitness programs both for rescue readiness as well as for their personal health. Staff can use the facility when it is open to the public and lanes are available. In-service trainings each month also offer Appendix | 137 Item 1G-266 39 lifeguards a chance to work out and practice their rescue skills. It is acceptable for a staff member to exercise while clocked out during their lunch break. Staying fit will enable the lifeguard to be alert and ready for various situations that may arise. Getting enough rest is also important for functioning at a higher level. This job has a variety of shifts ranging from 5am until possibly as late as 10pm. Staff occasionally need to be called in to work unscheduled shifts or split shifts and it is important to be well rested. It is very important that staff protect themselves from the sun. Hats, shirts, sunglasses, and sunscreen should always be worn while out on the deck. When possible, a lifeguard might use an umbrella at his or her station. Please be aware of the conditions of a particular day, and do not allow yourself to be at risk of heat exhaustion or heat stroke. Customer Service A major part of a lifeguard’s job at the aquatic center is attending to the many customers who come though the facility. Here you will encounter a variety of ages, backgrounds, and personalities. We believe in elevating the experience for the customer and we attempt to provide a “Disneyland” type of customer service experience. We strive to provide the best customer service all day, every day, regardless of how the customer is behaving. Sometimes a customer will have requests that fall outside of our guidelines or rules. This is when the lead lifeguard will need to use discretion. He or she may allow the lifeguard staff to have the first initial contact with a customer and assist with a customer’s request. An example of good customer service might be making a pace clock available for a lap swimmer who requests one. A good customer service gesture may also be allowing a family from out of town a couple of rides on the slide on a day that they are normally closed if the staff is here and available. However, if a customer asks that his or her child be allowed to ride the slides when they do not meet the 48” requirement the answer would have to be no. There are specific rules and guidelines, in this facility, that must be followed at all times. If a lifeguard has a question, or the customer is becoming uncooperative, they may request the presence or assistance of the lead lifeguard. It would be the responsibility of the lead to speak with the customer so the lifeguard could go back to his/her post. If a customer becomes too disruptive, or is a danger to him/her or others, the lead lifeguard should contact the police. Remember that treating people in a positive and respectful manner goes along way. Cleaning Appendix | 138 Item 1G-267 40 The Palm Desert Aquatics Center has a planned cleaning schedule that is conducted by the lifeguards daily. The system utilizes check off lists that are posted in the guard room. The lead lifeguard will assign cleaning duties at the beginning of each shift. This will be done three times a day; once in the morning, daytime, and evening. The number of items to be completed by each guard is based on how many lifeguards are on duty. For example, if a full staff of eleven is on duty, each lifeguard will receive one assignment. If it is a slow day and only two lifeguards are on duty, each would get 4-6. The lead lifeguard should always count him or herself in the total count of cleaning tasks. The tasks on the list should be completed at some point during the lifeguard’s shift. This means whenever a lifeguard is not on a guard station, they are working on the assigned cleaning tasks throughout the day. The cleaning categories are: • Men’s Locker Room • Lifeguard office • Concessions • Unisex bathrooms • Storage unit • Grass area • Parking lot • Pool deck • Windows • Women’s Locker Room • Multi-purpose room. Remember that the need to clean will vary from day to day. Some days might not be busy, thus leaving some of the bathrooms clean because they are unused. The next day you might have a water polo match brining hundreds of people into the facility. It is your job to ensure that we are providing a clean and sanitary experience for our customers. If there are any areas that are difficult to clean, or we need certain types of cleaning supplies, let management staff know. Appendix | 139 Item 1G-268 41 Swim Tests Here at the Palm Desert aquatics center we conduct swim tests for anyone under the age of 18 wanting to swim in the deep water or use the diving boards. Any lifeguard may conduct a swim test. On busy days, the swim tests are often conducted by a lifeguard or a supervisor to accommodate large groups at one time. Frequently asked Questions 1. Who may take a swim test? Any person under the age of 18 years old needs to take a swim test to swim in Water deeper than 4’6” or use the diving boards. 2. Do I need a swim test if I want to go off of the diving boards? Yes, if you are under the age of 18. 3. Do I need a swim test if I am 32 and want to go off of the diving boards? No. 4. Do I need a swim test to swim in the shallow end of the big pool? No. 5. Can a lifeguard ask a customer to re-take a swim test even if the lifeguard knows they were here before? Yes. 6. What is the swim test? A lifeguard may use any section of the pool to conduct a swim test. The test needs to include swimming the equivalent of 20yds without touching the bottom of the pool, using any type of stroke except backstroke. The person may swim with or without their face in the water. Parents may not be in the with the child and they may not use goggles, facemasks or flippers. If they complete this task, they have passed the swim test. 7. What happens after they pass the swim test? The lifeguard who conducted the swim test will secure a bracelet around the swimmer’s right wrist to wear thr oughout the day. 8. Do I need to take the swim test to go on the water slides? Appendix | 140 Item 1G-269 42 No, but swimming ability is expected and 48” height is required. 9. Can I doggie paddle and pass the swim test? It is up to the lifeguard conducting the test to determine if the swimmer is strong enough to be safe in deep water. 10. When is the swim test conducted? Swim tests are conducted as requested or required at any time lifeguards are available to do so. 11. What if a customer does not pass the swim test? They are not given a bracelet so they must swim in the shallow areas. They may try again at a future time. Appearance/Dress Code Lifeguarding is a profession requiring the lifeguard to be alert and ready at all times. The lifeguard’s behavior, posture and attitude all help to guide and control the professionalism of the facility. Please be sure that you are wearing the proper uniform for the job, as well as carrying all necessary equipment to do your duty. This includes; a red PDAC shirt, blue lifeguard shorts, a whistle, fanny pack, and some type of shoe. Flip flops or tennis shoes, that are not tied, may be worn during the day. Closed toed shoes are required for anyone pulling pool covers. Sunscreen should be worn at all times. Polarized sunglasses must be worn while guarding during bright times of the day. A hat is strongly recommended both for better visual abilities as well as sun protection. leave jewelry that may become tangled during work at home. Outer wear may be worn when it is cold. Jackets, pants, hats, etc. should all be non-logo. Remember that you must be ready to make a rescue at any moment, and need to enter the water quickly regardless of what you are wearing. Please take care of personal grooming. Hair and nails kept neat and clean. Many members of the community watch the lifeguards, and a professional appearance makes them feel safe. What not to do Appendix | 141 Item 1G-270 43 As a lifeguard at the Palm Desert Aquatic Center, you will be expected to always remain courteous and professional. The following are examples of things an employee should not do while at work. This ensures that the lifeguard is always focused on the safety of the patrons, as well as seeing that the facility, as a whole, runs smoothly. -Not wearing complete, proper uniform. -Use of cell phone in guard office, on deck, or while at a guard station. -Must wear close toed shoes for closing duties. -No smoking. -Not following proper trash disposal procedures. -Not adhering to the chain of command. -Spending time in the front office or concessions. -Not performing cleaning duties. -Arriving late to shift without a phone call. -Not showing up for work without and arranged substitute or phone call. -Providing poor customer service. -Not rotating properly at guard stands. -Punching in on time clock too early or too late. -Handling another employee’s time sheet. Please make sure that you have been issued a YMCA employee manual which describes some of the above topics to greater detail. Appendix | 142 Item 1G-271 Appendix I: Water Slide Daily Operation Checklist Appendix | 143 Item 1G-272 Water Slide(s)/ Pool Inspection Daily Operation BEFORE SLIDES ARE TURNED ON: ________ ________ _______ ________ ________ ________ ________ ________ AFTER SLIDES ARE TURNED ON: Blue/Open:_________ White/Closed:___________ Notes: Check all signage intact and not faded (height, rules, occupancy, weight requirements) Report any leaks in plumbing slide joints Report any unsafe conditions to supervisor Air Horn and Rescube Tube to top of slides guard station Date: _____________Technician:_____________________ 48" Height requirement ruler on base of stairs and top platform Check swimming pool water levels Check and Record Recreation Pool water sample, record in log book Verify Location of all related safety equipment (Backboard, Life Ring and Hook) Inspect and verify pool drains intact and not loose - Lifeguard required in water with bare feet Check and record slide flowmeters - Clean and remove any trash or debris on stairs and platform Visually and Physically inspect stairway, ramps and tower structure for any loose bolts, joint movement, stair cracking, loose or missing caulk, and any other unsafe structural issues. Record and report any findings to proper maintenance personnel Test "E" Stop for Proper Operation Walk/crawl both slides with bare feet. Check for debris or obstructions, chips or cracks, bubbles on slide surface, rough seems, and slide joints missing caulk material. Verify rubber guard over lip of closed slide entrance Appendix | 144 Item 1G-273 Appendix J: Daily Cleaning Duties Checklist Appendix | 145 Item 1G-274 Lifeguard Opening & Cleaning Procedures LLG______ 6:00pm – End of Shift Date______ _____ Unlock lifeguard room, turn on building lights, unlock all bathrooms and locker rooms. Walkthrough all bathrooms & locker rooms making sure they are safe, clean, free of hazards, and fully stocked on toiletries. (Hand soap is on the wire rack in the lifeguard bathroom) _____ If the sun is not out, Lead turns on the overhead pool lights. _____ Lead removes robot from the Lap pool & Rec. pool. (When necessary) _____ Lead turns on in-water pool lights for both pools (if sun is not out) and checks for alarms on all pools. (If there are alarms on any of the pools, notify Facility Operations Manager) _____ Lead opens safe and gives a bank bag to Front Desk. _____Turn on Radios. (Channel 1) ______Assist in removing tarps from lap pool, making sure no tarp edges are rubbing against the reels. _____Park all tarp reels in their spots designated by the yellow tape, leaving access to the maintenance yard gates. _____Make sure crank handles are put back in their spots and not left on the deck or at the bottom of the pool. _____ Put a closed red lifeguard umbrella, Radio and air horn at each guard chair that will be open at 5:30am. _____ Make sure pace clocks are working. _____ Check the pool schedules and place closed signs on the appropriate lanes. Appendix | 146 Item 1G-275 _____ Check facility for any hazards or damage. Report hazards/damage through the maintenance app on the tablet and use orange cones to mark/close the area. _____ Inform supervisor of any no-call-no-shows. (Document on Attendance log) _____ Take care of any additional issues that need to be handled before opening (ex. large quantiles of deck trash, loose/broken lane lines, feces on the locker room floor, etc.) 5:30am-8:00am _____Hold open gate and greet swimmers as they enter the facility _____ Set-up the Lap pool & Rec. pool according to the pool schedule. (ongoing) _____ Check all packs & tubes, and make sure the AED has a green check. (A green check means the AED’s last self-check was successful) _____ Store pool test kit chemicals inside of blue case when not in use. (ongoing) _____ Open all umbrellas on deck. (If weather permits) _____ Set-up/organize the deck furniture, placing lounge chairs away from tables. _____ Turn off the overhead lights once there is enough sunlight . _____ Turn off the in-water pool lights once there is enough sunlight. _____ Clean, organize, and restock Lifeguard room & bathroom. (All plastic water bottles need to be recycled) _____ Clean up any deck trash, check that trash cans have been emptied the night before. If not, then empty the trash cans. Unlock dumpsters Tues. & Fri. _____ Check deck, tables, spot clean where necessary, and hose off duck poop. Appendix | 147 Item 1G-276 _____ Put a closed red lifeguard umbrella, Radio and air horn at each guard chair that will open 8:00am-8:30am ______Assist in removing tarps from Rec pool, making sure no tarp edges are rubbing against the reels. _____Park all tarp reels in their spots designated by the yellow tape, leaving access to the maintenance yard gates. _____Make sure crank handles are put back in their spots and not left on the deck or at the bottom of the pool. 8:30am-end of shift _____ Return all lane line reels to their designated spaces, cover if needed. (ongoing) _____ Replace First-Aid ice if necessary. _____ Sanitize used exercise belts/equipment as necessary _____ Fill water jug when appropriately staffed. _____ Post guards in positions 15 mins before the start of any Rec pool use. _____ Ensure all lifeguards run through 5 rounds of compressions & ventilations. _____ Pick up trash in the parking lot. (Take a radio with you if it is early in the morning) _____ Clean/restock Multiuse Room bathroom & set-up multiuse room according to the schedule. _____ Clean the facility windows inside & out. _____ Assign 2 people to clean all unisex and multi-use room bathrooms (Follow up once completed) Appendix | 148 Item 1G-277 • Empty and replace Sanitary box liners. • Clean baby changing station. • Empty trash and replace bags (including the two black trash cans in the multi -use room) • Make sure there is hand soap. (Soap can be found on the wire shelf in the guard room bathroom) • Clean toilet, mirrors, ADA seat, sink, and floor. • Wipe down toilet and shower stall tiles • Remove Dust, Webs and spit wads from all windows and ledges. • Mop floor & squeegee water into drains. • Remove hair/debris from the drain. _____ If the facility closes after your shift, have all radios turned off , charging, and make sure the Pool Closed sign is out front and the entrance gates are closed and locked behind you. Please initial with an expo marker as tasks are completed. Scan all sides of this completed checklist to the pdaclifeguard email account. If you were unable to complete any checklist items please note the reason why. Use the whiteboards to let the next shift know if there is anything you need them to help complete. Appendix | 149 Item 1G-278 Lifeguard Closing & Cleaning Procedures LLG______ 6:00pm – End of Shift Date______ _____ Ensure all lifeguards run through 5 rounds of compressions _____When the facility closes guards will bring in Red Lifeguard umbrellas from all guard chairs and close blue umbrellas. (Red lifeguard umbrellas go in the lifeguard bathroom above the ADA rail) _____ Assign 2 people to cover the Rec. pool with the Pool Tarps _____ Assign 2 people to clean all unisex and multi-use room bathrooms (Follow up once completed) • Empty and replace Sanitary box liners. • Clean baby changing station. • Empty trash and replace bags (including the two black trash cans in the multi -use room) • Make sure there is hand soap. (Soap can be found on the wire shelf in the guard room bathroom) • Clean toilet, mirrors, ADA seat, sink, and floor. • Wipe down toilet and shower stall tiles • Remove Dust, Webs and spit wads from all windows and ledges. • Mop floor & squeegee water into drains. • Remove hair/debris from the drain. • Appendix | 150 Item 1G-279 _____ Assign people to empty all deck trash cans. (Follow up once completed) • Move filled trash bags directly from their can into the green cart (There should be no visible trash juice line on the deck the next day) • Tie the new trash bag around the trash can to prevent the bag from slipping. • Unlock and open the dumpster gate and put filled trash bags in the black dumpster. (Do not attempted to throw trash bags into the dumpster with the gate closed) _____ Assign people to organize all deck furniture & pick up trash on deck (The backs of the lounge chairs must be flipped forward) and hose down all tables and the deck beneath them. (Follow up once completed) _____ Assign people to clean Women’s locker room (Follow up once completed) • Empty and replace Sanitary box liners. • Empty trash and replace bags. • Clean toilets, sinks, mirrors, stalls, and ADA seats. • Remove hair/debris from drains. • Mop floor & squeegee water into drains. (use the showers as a water source) • Replace soap & toiletries as needed. • Clean lockers. • Remove spit wads from windows and ledges. _____ Assign people to clean Men’s locker room (Follow up once completed) • Sanitary trash cans need to be emptied Appendix | 151 Item 1G-280 • Empty trash and replace bags. • Clean toilets, sinks, mirrors, stalls, and ADA seats. • Remove hair/debris from drains • Mop floor & squeegee water into drains. • Replace soap & toiletries as needed. • Clean lockers. • Remove spit wads from windows and ledges. _____ Assign people to reset Lap pool & Rec. pool. (Follow up once completed) • Add or remove lane lines according to the next day’s lane schedule. • Attach flags to the correct poles. • Bring in all backboards, umbrellas, radios, and horns. • Move guard stands away from the edge of the pool. • Make sure all polo goals are matched up and covered. • Put all blue kickboards inside the black tub and close the lid. _____ Lead assists in any tasks that need assistance. _____Everyone will turn the Lap pool to Long Course (as scheduled) _____ Everyone will cover the Lap pool with the Pool Tarps (as needed) _____ Clean, organize, and restock Lifeguard room & bathroom. (All plastic water bottles need to be recycled) _____ Lead puts robot into the Lap pool when necessary. Appendix | 152 Item 1G-281 _____ Make sure all radios are turned off and charging. (with solid red lights) _____ Lead locks all doors & gates on facility grounds. _____ Lead conducts final facility walk around, checking the mechanical room for alarms. (Notify Mike if there is an alarm) Please initial with an expo marker as tasks are completed. Scan all sides of this completed checklist to the pdaclifeguard email account. If you were unable to complete any checklist items please note the reason why. Use the whiteboards to let the next shift know if there is anything you need them to help complete. Appendix | 153 Item 1G-282 Appendix K: Multi-Use Room Rental Agreement Appendix | 154 Item 1G-283 Palm Desert Aquatic Center 73-751 Magnesia Falls Drive Palm Desert, CA 92260 (760)565-7467 Aquatics Facilities Use Agreement (Revised 5/2022) This application, when properly filled out, approved and signed by an authorized representative becomes a permit to use the facilities described for the time(s) and purpose herein set forth. The applicant agrees to abide by the terms, rules and regulations of this permit set forth on the attached pages, and other regulations of the City of Palm Desert and Family YMCA of the Desert established for the use of these premises and to pay such fees as may be required. Multi-Use Room Rental: Name _______________________________________________________________________________ Organization _________________________________________________________________________ Date Requested: ____________________________Times: _______________ to _________________ Purpose of Space Use: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Number of participants:_________________________ Special Requirements: _______________________________________________________________ Page 1 Appendix | 155 Item 1G-284 PDAC Aquatics Facilities Use Agreement The City of Palm Desert (CITY), owns, and the Family YMCA of the Desert (CONTRACTOR) operates aquatic facilities at the Palm Desert Aquatic Center (PDAC) that are made available, when not in use by the CONTRACTOR/CITY, to various groups, organizations, and teams. Applicant (USER) expressly understands and agrees that by this Agreement, USER is granted a license and USER’s status hereunder is that of a licensee. Under no circumstance shall this Agreement be construed as a “lease,” nor shall USER’s status be that of a “tenant” as those terms are used under the laws of the State of California. USER may not assign any of its rights or subcontract any of its obligations hereunder, to any person or entity, without CITY’s and CONTRACTOR’s prior, written consent. The undersigned USER, in consideration of the use of the noted premises, hereby agrees to abide by and enforce all of the rules and regulations pertaining to the use of facilities requested, and indemnify, defend, save and hold harmless the CITY and CONTRACTOR including their representatives from any claims of liability resulting from use of such facilities. The USER further understands that the USER will be personally held responsible in case of damage to any part of the facility being used. The USER will pay for repairs or replacement of any item(s) damaged during usage of said facility, and will provide all necessary labor or cost to return the facility in a clean and orderly condition. The CONTRACTOR/CITY reserves the right to approve, disapprove, or change reservations and pool space allocations, when deemed in the best interest of the aquatic facility. The CONTRACTOR/CITY reserves the right to close individual attractions or entire facility at any time. All Vendors must have written permission from the CONTRACTOR/CITY and may only set up in an area assigned and approved by the CONTRACTOR/CITY. Any vendor displaying or selling items or providing a service at the aquatic facility park space must have CONTRACTOR/CITY written approval. Use of tents, sun shades, generators, scoreboards, timing system, sound systems, etc., must be pre- approved by the CONTRACTOR/CITY. The USER will be responsible for the safety and supervision of all USER parties at the aquatics center due to the USER’s use. CONTRACTOR will provide lifeguard oversight of water use. The CONTRACTOR will be responsible for development and implementation of space-allocation procedures. The CONTRACTOR will provide lifeguard oversight. The length of time of a reservation or number of lanes reserved may be altered in the event the CONTRACTOR determines the number of swimmers present does not warrant the space that is being allocated. Any approval to use PDAC facilities may be revoked without previous notice where conflicting days have resulted, or where need of the facility for CONTRACTOR/CITY purposes has subsequently developed. USER may only use those areas of PDAC for which they have been approved. Use of other areas may result in suspension from future usage of the facility. USER and participants will follow all direction and guidelines of CONTRACTOR. Failure to follow staff direction may result in suspension from future usage of the facility. USER will be held liable and billed for any and all damage done to the facility during usage. USER will be responsible for the actions of all event participants and all areas of the facility utilized by the USER’s group, including restrooms. Page 2 Appendix | 156 Item 1G-285 Permission to use PDAC facilities shall not be granted to exceed one calendar year. No USER may be granted a monopoly on any facilities. Future facility requests may be denied on grounds including, but not limited to, abuse or misuse of aquatic center property, and failure to pay promptly for any assessed fees. The person who executes this agreement on behalf of USER must provide proof, upon request, that he or she is at least 18 years of age to rent any PDAC facility. Page 3 Appendix | 157 Item 1G-286 PDAC Facility Use/Rental Rules USERS agree to abide by and help enforce the following rules: 1. No alcohol and no smoking allowed on the premises or in parking lot. 2. No outside food, drinks (with the exception of bottled water), coolers, drugs, alcohol or glass containers are allowed within the facility. 3. The service or sale of food or refreshment will not be permitted on PDAC property except by written permission and with the acquisition of appropriate Health Code Permits. 4. Minimum rental usage of lanes shall be no less than one (1) hour. 5. A guest list must be provide to the PDAC front desk and kept current by USER. 6. Except for certified service dogs, animals are not permitted. 7. No structures, electrical modifications, mechanical apparatus, or any staples, nails, screws, or other similar devices may be erected on, installed on, or attached to aquatic center property. 8. Building and/or pool deck must be left cleaned, free of debris, and ready for next user within rental time. This means that the clean-up must begin ten minutes before the time that the area is to be vacated. 9. All equipment must be returned to its proper place. 10. Throwing objects such as balls or other items is not allowed outside of supervised activities. 11. CONTRACTOR or PDAC property is not to be removed from the premises. 12. USERS/Guests are not allowed to traffic in and out of the facility without getting a hand stamp from the front desk. 13. CONTRACTOR/CITY reserves the right to cancel any scheduled events without prior notice. 14. USER may provide locked cage to store limited team equipment within cage in facility storage units upon management approval. 15. The CONTRACTOR/CITY is not responsible for lost or stolen items or damage to property. 16. Cancellations due to weather conditions will be solely determined by the PDAC staff. In the event of an electrical storm, or lighting sighted, it is mandatory that an event be suspended and all people cleared from the pools for a minimum of 30 minutes. 17. USER may not enter rented facility space until the time stated in this agreement and must exit lanes at the end time stated on this agreement. USER will be charged to the next half hour if they over exceed their booked facility space by 10 minutes. 18. Coaches must be on the grounds before participants enter the water. 19. If USER intends to utilize rented space for anything other than what is listed in this contract, the CONTRACTOR’S consent is required. 20. Any and all USER coaches/referees/instructors/leaders must hold appropriate certifications according to current industry standards. 21. Any and all USER coaches/referees/instructors/leaders must be listed on this form. 22. All events must end by closing unless written prior approval is received by CONTRACTOR/CITY. 23. In the event that USER must terminate USER’s contract, USER must notify CONTRACTOR in writing thirty (30) days prior to the cancellation date. 24. USER must follow all pool rules. Page 4 Appendix | 158 Item 1G-287 PDAC Aquatics Facilities Rental Application Name: __________________________________________________________________ Address: ________________________________________________________________ City: ________________________________State:_______________ Zip: ____________ Telephone: Home:______________Work:____________________Cell:______________ Fax: Organization:_________________________________________Non-Profit: Yes No If non-profit please provide Tax ID Number Please provide copy of non-profit letter Director: __ Title: Signature of Applicant:_______________________________Date:________________ (Responsible Party) USERS shall be held responsible to see that all of the facility use rules and facility use requirements are strictly enforced. The undersigned has read and fully understands and agrees to follow the Facility Use/Rental Rules and Facility Use/Rental Requirements. The undersigned understands as a facility USER that paying for all damages to the premises and facility may be required and that all rules included in this contract must be followed. The USER further understands that no refund on the deposit will be given if there is any damage done to the facility or multi-use room. Deposit will be returned within two working weeks after the event in the form of a YMCA check provided there is no damage to the facility and no rules are violated. By signing below USER acknowledges receiving a copy of the PDAC Pool Rules, Multi-Use Room Use Requirements, and Lane and Space Rental Fees pamphlets. USER agrees to abide by all rules and regulations and fee allocations noted in this contract, as well as the pamphlet regulations provided. The undersigned agrees that not adhering to one or more conditions in this contract may be grounds for USER contract and facility use termination. Print name:______________________________________ Authorized Signature:______________________________Date:____________________ PDAC Authorized Signature:________________________Date:____________________ Names of All Coaches/List of Certifications: Page 5 Appendix | 159 Item 1G-288 Waiver and Release of Liability Agreement to indemnify City of Palm Desert & YMCA The undersigned hereby acknowledges that (he/she) has agreed to rent the Multi-Use Room from the City of Palm Desert & Family YMCA of the Desert. In connection herewith, the undersigned hereby releases the City of Palm Desert and Family YMCA, their present and future directors, officers, employees, agents and representatives from any and all claims, costs, expenses, demands, debts, controversies, damages and cause of action, which the undersigned may now have or hereafter have by reason the use and/or rental of the property. The undersigned further agrees to indemnify, defend and hold harmless City of Palm Desert and Family YMCA of the Desert, their present and future directors, officers, employees, agents and representatives from any and all claims, costs, expenses, demands, debts, controversies, damages and cause of action of any third party arising from the use and or rental of the property during the time period the property is rented, unless solely caused by the gross negligence or willful misconduct of City of Palm Desert or Family YMCA.. The undersigned further agrees to waive any and all rights provided by Section 1542 of California Civil Code which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in favor at time executing the Release which, if known, must have materially affected his/her settlement with the Debtor.” THE UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. THE UNDERSIGNED IS AWARE THAT THIS IS A RELEASE OF LIABILITY BETWEEN THE UNDERSIGNED AND FAMILY YMCA OF THE DESERT AND/OR ITS AFFLIATES AND ORGANIZATIONS AND SIGNS IT OF HIS/HER/ITS FREE WILL. Executed__________________day of ________________________20________________ In________________________________________, California. Print Name:________________________________________________________ Signature:_____________________________________________Date:_______________ Authorized Signature:____________________________________Date:______________ Page 6 Appendix | 160 Item 1G-289 Fees Agreed To: Multi-Use Room: $ Total Amount of Rental: $_________________ Refundable Security Deposit: $_________________ Grand Total Rental Amount: $_________________ Renter Approval Signature: ___________________________ Date:_____________ Renter Printed Name: ________________________________ Date: ____________ Staff Signature: ______________________________________ Date: ____________ (Upon Receipt) Deposit Forfeit Fees (If Applicable for Rental): • Alcohol found on premises………………………………………. $150.00 • Damage to facility or equipment…………………...………….… $150.00 • Pool Facility left unsecured …………………………………….. $150.00 • Tables and chairs not properly put away ……………………….. $100.00 • Trash not removed from facility ……………………………….. $100.00 Page 7 For Office Use Only Customer ID# _______________ Arrival Time: _________________ Rental Date: ____________ Departure Time: __________________ Number of Participants: ________ Cell Phone# ___________________ Home Phone# _________________ Work Phone# __________________ Appendix | 161 Item 1G-290 Facility User/Staff Checklist Facility: _________________________________________ Date:_________________ Group: ______________________________________ Arrival Time: _________________ Pre-use Inspection: Building is O.K. ______________________/_________________________ Customer’s Signature/PDAC Staff Signature Pre-use Comments: _____________________________________________________________ Before Arrival _____ Set-up of the Room (staff) _____ Vacuum multi-use room floor (staff) _____ Wipe down multi-use room restroom (staff) _____ Empty trash bags into dumpster (staff) Before Departure _____ Tables: wipe clean (customer) _____ Chairs: wipe clean (customer) _____ Straighten furniture (customer) _____ Pick up trash (customer) _____ Bag and trash set outside door (customer) _____ Remove string, tape and covers from walls, chairs, tables and deck (customer) _____ Clean the counters and appliances (staff) _____ Verify there are no nails, tacks, or push pins in multi-use room walls (customer/staff) _____ No Multi-use room carpet stains (customer/staff) After Departure _____ Put away tables and chairs (staff) Post-Use Inspection: Departure Time: ___________ PDAC Staff Signature: _________________________________________________________ Customer Signature: ___________________________________________________________ Post-use Comments: ____________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Page 8 Appendix | 162 Item 1G-291 Appendix L: Emergency Action Plan (EAP) Appendix | 163 Item 1G-292 EAP EMERGENCY ACTION PLAN Palm Desert Aquatic Center (Updated 2022) Appendix | 164 Item 1G-293 31 Emergency Action Plan For Palm Desert Aquatic Center Civic Park 73-751 Magnesia Falls Drive Palm Desert, CA 92260-2578 Appendix | 165 Item 1G-294 32 EMERGENCY PERSONNEL NAMES AND PHONE NUMBERS Designated responsible official at Palm DesertAquatic Center NAME: David Keyes PHONE: 1-760-565-7467 (w) 1-760-534-0206 (c) Designated responsible official at the city of Palm Desert NAME: Shawn Muir PHONE: 1-760-346-0611 (w) /1-760-776-6481 (c) Palm Desert City Manager: City of Palm Desert Risk Manager: NAME: Todd Hileman PHONE: 1-760-776-6326 PHONE: 1-760-346-0611 Designated responsible official at the YMCA NAME: Paula Simonds PHONE: 1-760-341-9622 (w) 1-760-219-3762 (c) Designated responsible official for daily maintenance and mechanics NAME: Mike Marshall PHONE: 1-760-565-7467 (w) 1-760-504-5108 (c) City of Palm Desert Media Coordinator: NAME: Thomas Soule PHONE: 1-760-837-1660 NAME: Andrea Stahle Appendix | 166 Item 1G-295 33 EVACUATION ROUTES Evacuation route maps have been posted in each work area. The following information is marked on the evacuation maps: 1. Emergency exits 2. Primary and secondary evacuation routes 3. Location of fireextinguishers 4. Location of AED 5. Fire Alarm pull stations’ location 6. Assembly points Site personnel should know at least two evacuation routes. Appendix | 167 Item 1G-296 34 EMERGENCY PHONE NUMBERS 911 FIRE DEPARTMENT:1-760-346-6234 POLICE: Non-Emergency 1-760-836-3215 POISON CONTROL:1-800-222-1222 CITY OF PALM DESERT 1-760-346-0611 FACILITY MAINTENANCE MANAGER 1-760-504-5108 AQUATIC MANAGER 1-760-534-0206 Appendix | 168 Item 1G-297 35 UTILITY COMPANY EMERGENCY CONTACTS ELECTRIC Company Name: Southern California Edison Phone: 1-800-611-1911 WATER Company Name: Coachella Valley Water District Phone: 1-760-398-2651 GAS Company Name: Southern California Gas Company Phone: 1-800-427-2200 TELEPHONE Company Name: Time Warner Phone: 1-760-340-2225 Appendix | 169 Item 1G-298 36 EMERGENCY REPORTING AND PROCEDURES Types of emergencies to be reported by site personnel are: •MEDICAL •ACCIDENT/INCIDENT REPORTING •EMERGENCY ACTION FLOW CHART •ACCIDENT AND EMERGENCY PROCEDURES •FIRE •CRIMINAL ACTIVITY •SEVERE WEATHER/NATURAL DISASTER •POWER FAILURE •CHEMICAL SPILL/GAS LEAK Appendix | 170 Item 1G-299 37 MEDICAL EMERGENCY •Emergency Communication: Land line at the front desk or the Manager’s office or use a cell phone. •Call medical emergency phone number 911: □Paramedics □Ambulance □Fire Department □Other Provide the following information: a. Nature of medical emergency b. Location of the emergency (address, building, pool or deck space), and c. Your name and phone number from which you are calling. Palm Desert Aquatic Center 73-751 Magnesia Falls D. Palm Desert, CA 1-760-565-7467 •Do not move victim unless absolutely necessary. •Emergency equipment is located in the lifeguard office and should be brought to thevictim. •Personnel trained in CPR and First Aid should provide the required assistance prior to the arrival of the professional medical help including a primary and secondary assessment with care as required. •If personnel trained in First Aid or CPR are not available, at a minimum, attempt to provide the following assistance: •In case of rendering assistance to personnel exposed to hazardous materials, consult the Material Safety Data Sheet (MSDS) and wear the appropriate personal protective equipment. Attempt first aid only if trained and qualified or follow the directions posted or provided with equipment. Stop the bleeding with firmpressure on the wounds using necessary PPE when 2. Clear the air passages using the Abdominal Thrust Maneuver in case of choking. Stop the bleeding with firm pressure on the wounds using necessary PPE when available (note: avoid contact with blood or other bodily fluids). 1. Appendix | 171 Item 1G-300 38 INCIDENT/INJURY REPORTING Show concern and compassion towards anyone who claims they have an injury or a loss. Use privacy discretion in the process and do not discuss incidents with any members, media, other staff, or other outsiders. All conversation should be contained between the management staff and others designated by Risk Management. Staff should not accept blame, admit fault, or promise restitution payments. All media inquiries should be directed to the Aquatic Manager. •DEAL WITH THE SITUATION. Determine if the problem is an injury, illness, stolen property, etc. If an injury or illness, appropriately care for the injured person and give whatever first aid is available and necessary. If the problem is beyond the scope of care that can be given; call 9-1-1. If the injured person is a minor, call the parents or guardians. If he/she is unconscious and an adult, call 9-1-1 and give care. If the person is conscious, give care and offer to make a call to a family member for them or call 9-1-1 with consent. If a theft, break-in, or vandalism occurs,speak with the victim to determine what happened and itemize the stolen or damaged property. Encourage the victim to call the police and complete a report. •SECURE THE AREA OF INJURY.If there is blood, slippery areas, or damaged property, keep others away from the area by blocking it off until maintenance or the authorities can address it. This will prevent others from getting injured. •CONTACT FACILITY EXECUTIVE STAFF.In the event of a serious life threatening injury, call the Aquatic Manager or YMCA Executive Director if they are not on location at the time of incident. •CLEAN UP AREA.After being given the authorization by the police or executive staff (whoever is leading the situation), have maintenance or other staff clean up any mess left behind by the injured person, medical staff, or others. Use proper procedures in handling bloody or sharp material. Secure all unlocked property of the injured person and hold for the person or the family to pick up later. Aquatic Manager 1-760-534-0206 Executive Director City Manager 1-760-346-0611 1-760-219-3762 David Keyes Paula Simonds Todd Hileman Appendix | 172 Item 1G-301 39 •COMPLETE INCIDENT OR INJURY REPORT. o Complete report with full detail.Facts only. No opinions. o Get names of all witnesses, including staff and others. o Have staff that was present write a description of the incident and how it was handled. o Turn signed report in to the Aquatics Manager. The reports and all attached documents are YMCA property and should not to be given to the injured party or anyone else until authorized to do so. o Be sure the correct report is completed.▪Incident Report Form should be completed for all incidents other than accidents.▪Injury Report Form should be completed for all injuries.▪DW1 form,Authorization for Treatment and a Workers Compensation Medical Status Report must be filled out in conjunction with the accident report in the event of an employee injury. Accurately report all information giving as much factual detail as possible. •FOLLOW UP.A member of the staff from the Palm Desert Aquatic Center, where the incident took place, should call to check on the status of an injured person. •ALL staff must be trained, and retrained, on these procedures All forms are available through your immediate supervisor or the HR department ofthe YMCAand also located in the lifeguard office Appendix | 173 Item 1G-302 40 INJURY RESPONSE AND EMERGENCY PROCEDURES Safety is the prime consideration in developing and enforcing pool policies. However, injuriesand sudden illness do happen and all staff personnel should be prepared. The following sequenceof events should be followed for emergencies which are considered life- threatening (such asbreathing emergencies, heart attack, uncontrollable bleeding) or for an event which requires theattention of the majority of the lifeguards on duty (broken bones, seizures, uncontrollablepatron). Depending on the nature of the incident, outside sources should be called for assistance.All staff members are expected to be familiar with pool safety equipment including location ofemergency equipment and its proper use. b) LIFEGUARD TWO priorities ▪Clear pool ▪Radio front desk to call 9-1-1, or send someone to call 9-1-1 Give specificinformation about the incident. ▪Assist with firstaid until EMS arrives. ▪Assist with crowd control ▪Bring emergency equipment to the scene •AED •Spine Board •Blanket •First Aid Supplies •Collect information on the injured when possible 1) Deck Lifeguards: EMERGENCY ACTION PLAN a) LIFEGUARD ONE: Primary rescuing lifeguard will alert other staff with three long hard whistle blasts (which will initiate the emergency action plan) then go directly to the victim's aid.An air horn may also be used to initiate the EAP. c) ADDITIONAL LIFEGUARD priorities •Assit in clearing the pool •Ensure EMS has been contacted •Meet EMS at the entry d) TREATMENT PRIORITIES(1) Check for breathing(2) Check for pulse(3) Control massive bleeding(4) Check for spine injury(5) Treat for shock(6) Other first aid treatment e) FOLLOW UP If minor is injured call parent to inform of injuryFollow up that proper care was given after the injured person left the pool.Fill out and fileinjury report promptly. The supervisor on duty will assistwith finalizinginjury report for submission to the director.Notify your supervisor or the Aquatic Manager as soon as possible. • • • • Appendix | 174 Item 1G-303 41 e) Employees will NOT TRANSPORT ANYONE in a personal vehicle. 2) Cashier: e) Lock cash drawer f) Do not allow patrons to enter the facility. g) Wait for further instructions from lifeguard in charge or supervisor. i) Do not leave the office area until the emergency is over ii) Keep control of the reception area. iii) If you must leave the office area take the radio with you. INJURY RESPONSE/ EMERGENCY PROCEDURES FOR SLIDES Safety is the prime consideration in developing and enforcing pool and slide rules. However,injuries and sudden illness do happen and all staff personnel should be prepared. The followingsequence of events should be followed for emergencies which are considered life- threatening(such as breathing emergencies, heart attack, uncontrollable bleeding) or for an event whichrequires the attention of the majority of the lifeguards on duty (broken bones, seizures,uncontrollable patron). Depending on the nature of the incident, outside sources should be calledfor assistance. All staff members are expected to be familiar with pool and slide safetyequipment including location of emergency equipment and its proper use. 2) Deck Lifeguards: SLIDE EMERGENCY ACTION PLAN a) LIFEGUARD ONE: Primary rescuing lifeguard will alert other staff with three long hard whistle blasts (which will initiate the emergency action plan) then go directly to the victim's aid. b) LIFEGUARD TWO and THREE priorities ▪Press E-Stop at the top landing or bottom of the stairs to shut down slidesafter the riders have exited the slide shaft. f) Upon arrival of sufficient aid, the lifeguards will instruct patrons, to either vacate, or resume activities. g) TheAquatic Manager or the appropriate PR personnel will make all information releasesto the public and all inqueries from the media will be directed to theAquatic Manager. d) When EAP is initiated (by tripple whistle, air horn or verbally) Station yourself near the telephone with radio in hand. If instructed to by another member of the safetyteam, call 9-1-1 from the landline. ▪ ▪ ▪ Clear poolSend someone to call 9-1-1 Give specific information about the incident.Assist with firstaid until EMS arrives. ▪ ▪ ▪Bring emergency equipment to the scene ConfirmEMS has beenAssist with crowd control Appendix | 175 Item 1G-304 42 h) TREATMENT PRIORITIES(1) Check for breathing(2) Check for pulse(3) Control massive bleeding(4) Check for spine injury(5) Treat for shock(6) Other first aid treatment f) FOLLOW UP ▪If minor is injured call parent to inform of injury ▪Follow up that proper care was given after the injured person left the pool. ▪Fill out and fileinjury report promptly. The supervisor on duty will assistwith finalizinginjury report for submission to the director and DOSHwhen required. ▪Notify your supervisor or the Aquatic Manager as soon as possible. i) Employees will NOT TRANSPORT ANYONE in a personal vehicle. j) Upon arrival of sufficient aid, the lifeguards will instruct patrons, either vacate, or resumeactivities. k) The Aquatic Manager or the appropriate PR personnel will make all information releasesto the public. 3) Cashier: d) Station yourself near the telephone with radio in hand. If instructed call 9-1-1 from the landline. e) Lock cash drawer f) Do not allow patrons to enter the facility. g) Wait for further instructions from lifeguard in charge or supervisor. i) Do not leave the office area until the emergency is over ii) Keep control of the reception area. iii) If you must leave the office area take the radio with you. ▪AED ▪Spine Board ▪Blanket ▪First AidSupplies ▪Collect informationontheinjuredwhenpossible d) ADDITIONAL LIFEGUARD priorities▪Stand up and watch the pool.▪Assist with the extrication▪ Crowd control▪ Meet EMS at the entry Appendix | 176 Item 1G-305 43 MINOR INJURY PROCEDURES In the event of minor injury (small cuts, scrapes, etc.), requiring limited first aid, the followingprocedures are to be used: 1) Separate, as far as possible, the injured and yourself from other persons in the immediatevicinity by going to the lifeguard/first aid office. In the event the injured is of your oppositesex, the door between the front desk and the office must be left open or a person of the samesex as the victim must be present. 2) Calm the person, render firstaid, and gather all the facts about the incident in order tocomplete the injury report form. Have a supervisor on duty sign the injury report form afterreviewing it and pass it on to the Aquatic Manager. 3) Suggest that the injured person (depending of course, on the extent of the injury and age ofthe injured): i) Call the parent or guardian to pick them up.ii) Rest for a period of time under direct supervision of staff.iii) Return to the pool, but participate only on a limited basis. Appendix | 177 Item 1G-306 CEmergencyAction PlanFLOWCHARTIncidentActivate EAPRescuing GuardAssisting GuardWater Rescue?YesNoLG movesvictim tosafetyLG enterswaterVictim OK?NoYesCompleteAppropriateReports &ReleaseReturn to LGDutyTreatment Priorities:1. Pulse + Breathing2. Severe Bleeding3. Spinal Injury4. Treat for Shock5. All other First Aid TreatmentRadio Front Desk tocall 911 GiveSpecific informationabout the patronProvide FirstAid until EMStakes overClear Pool/AreaManage CrowdControlBegin AppropriateReports & IdentifyVictim + WitnessesBring appropriateRecue EquipmentEMS takes overNotify Family &AQ MGR ASAPCompleteappropriate reportsReturn toAssigned DutiesORFacility ClosureFront DeskNotify Family &AQ MGR ASAPAfter Radio: Call911 Give Specificinformation aboutthe patronAssign person towait at door forAdvanced MedicalServicesAssists as needed Appendix | 178 Item 1G-307 45 FIRE EMERGENCY When fire is discovered: • Activate the nearest fire alarm • Notify the local Fire Department by calling 911. • If the fire alarm is not available, notify the site personnel about the fire emergency by the following means: 3 long whistle blasts Voice Commands Call 1-760-341-9622 Fight the fire ONLY if: • The Fire Department has been notified. • The fire is small and is not spreading to other areas. • Escaping the area is possible by backing up to the nearest exit. • The fire extinguisher is in working condition and personnel are trained to use it. Upon being notified about the fire emergency, occupants must: • Leave the building using the designated escape routes. • Assemble in the designated areas on escape routes • Remain outside until the competent authority (Designated Official or designee) announces that it is safe to reenter. Designated Official, Emergency Coordinator or Trained Supervisors must: • Coordinate an orderly evacuation of personnel. • Perform an accurate head count of personnel reported to the designated area. • Determine a rescue method to locate missing personnel. • Provide the Fire Department personnel with the necessary information about the facility. • Perform evacuation assessments and coordinate office emergency closing procedures. Lifeguards and pool personnel must: • Ensure that all employees have evacuated the pool area. • Report any problems to the Emergency Coordinator at the assembly area. Assistants to Physically Challenged should: • Assist all physically challenged employees and patrons in emergency evacuation. Appendix | 179 Item 1G-308 46 CRIMINAL ACTIVITY If you witness a criminal act or notice someone acting suspiciously and feel threatened, immediately notify the Aquatic manager or supervisor and call the police at 9-1-1. In the event of a robbery, assault, overt sexual behavior or attempted crime: 1. Follow the instructions of the perpetrator 2. Observe the person(s) carefully for: • Physical description (height, weight, hair, clothes, etc.) • Type of weapon displayed, if any • Number of perpetrators • Behavior (nervous, calm, etc.) 3. Upon departure of the perpetrator(s): • Notify the local police department at 911 • Note the exact time of departure and the direction of travel, if possible. • Write a description of each person (referring to them as person #1, person #2, etc.) • Write the year, make, model, color, and license number of the vehicle. • Write a description of the property involved. • Safeguard the robbery scene for physical evidence by locking the door or preventingpersons from entering the area. • Notify the Aquatic Manager and local law enforcement officials (Dial 911). Assist the police when they arrive by supplying them with any information they request; ask others to do the same. Appendix | 180 Item 1G-309 47 SEVERE WEATHER AND NATURAL DISASTERS EARTHQUAKES Stay as safe as possible during an earthquake. Be aware that some earthquakes are actually foreshocks and a larger earthquake might occur. Minimize your movements to a few steps to a nearby safe place and if you are indoors, stay there until the shaking has stopped and you are sure exiting is safe. IF INDOORS •DROP to the ground;take COVER by gettingundera sturdytableor otherpieceof furniture; and HOLD ON until the shaking stops. If there isn’t a table or desk near you, cover your face and head with your arms and crouch in an inside corner of the building. • Stay awayfromglass,windows,outsidedoorsand walls,and anythingthatcouldfall, such as lighting fixtures or furniture. • Hold on and protectyour headwitha pillow,unlessyou are undera heavylightfixture that could fall. In that case, move to the nearest safe place. • Stay insideuntilthe shakingstopsand it is safeto go outside.Researchhas shownthat most injuries occur when people inside buildings attempt to move to a different location inside the building or try to leave. • Be awarethatthe electricitymay go out or the sprinklersystemsor fire alarmsmay turn on. IF OUTDOORS • Clear the pool• Stay outdoors.• Move away from buildings, streetlights, and utility wires. • Once in the open, stay there until the shaking stops. The greatest danger exists directlyoutside buildings, at exits and alongside exterior walls. Ground movement during anearthquake is seldom the direct cause of death or injury. Most earthquake-relatedcasualties result from collapsing walls, flying glass, and falling objects. IF IN A VEHICLE • Stop as quicklyas safetypermitsand stay in the vehicle.Avoidstoppingnear or under buildings, trees, overpasses, and utility wires. • Proceed cautiouslyonce the earthquakehas stopped.Avoidroads,bridges,or rampsthat might have been damaged by the earthquake. IF TRAPPED UNDER DEBRIS • Do not light a match. • Do notmoveaboutor kickup dust.• Cover yourmouthwitha handkerchieforclothing.• Tap on a pipeor wall so rescuerscan locateyou. Use a whistleif one is available.Shout only as a last resort. Shouting can cause you to inhale dangerous amounts of dust. Appendix | 181 Item 1G-310 48 During periods of high winds: • • • Get bathers out of the pool and seek shelter inside the building facility Do not tarp pools Patio furniture should be secured, and umbrellas brought off the deck. After the winds subside: Skim the surface of the pool to remove leave and other debris Brush and vacuum the sides and bottom of the pool if necessary Test and adjust water chemistry before reopening the pool The primary danger with high winds is flyingdebris. High winds can also be responsible for downed power lines resulting in power outages. HIGH WINDS Lightning’s behavior is random and unpredictable. We recommend a very conservative attitude towards it. Preparedness and quick responses are the best defenses towards the lightning hazard. Swimming pools are connected to a much larger surface area via underground water pipes, gas lines, electric and telephone wiring, etc. Lightning strikes to the ground anywhere on this metallic network may induce shocks elsewhere. THUNDER/LIGHTNING STORMS Clear the pools in a thunder/lightning storm if the thunder is heard or the lightning is seen. “If you can see it, fleeit; if you can hear it, clear it." When thunder and/or lightning are first noticed, use the Flash-To-Bang (F-B) method to determine its’ rough distance and speed. This technique measures the time from seeing lightning to hearing associated thunder. For each five seconds from F-B, lightning is one mile away. Thus, a F-B of 10 = 2 miles; 15 = 3 miles; 20 = 4 miles; etc. At a F-B count of thirty, the pool and facility should be evacuated. Pool activities should remain suspended and Facility closed to the public until thirty minutes after the last thunder is heard. The distance from Strike A to Strike B to Strike C can be some 5-8 miles away. And it can strike much farther away. Why take a chance with lightning? • • • UNHEALTHYAIR QUALITY The facility will close to the public if there are particulates falling from the sky or if theAQI on www.airnow.gov is Very Unhealthy (201-300). Outdoor Youth and Fitness programs (for example, swim lessons, water exercise, rec. swim team) are cancelled if the AQI is Unhealthy (151-200). FLOOD • • Clear the pool. Be ready to evacuate as directed by the Emergency Coordinator and/or the designated official. • • Follow the recommended primary or secondary evacuation routes.Avoid walking or driving through floodwater. Appendix | 182 Item 1G-311 49 POWER FAILURE A.If a blackout occurs without warning: 1. Evacuate the pools. 2. Check on the safety of the patrons in the locker rooms. 3. If necessary use flashlights, located at the front desk, to assist patrons safely out of the building. In the event of a minor or major power failure occurring during regular working hours (8:30 a.m. through 4:30 p.m. immediately notify Shawn Muir 1-760-346-0611. After business hours, notify Shawn Muir 1-410-991-9034. She will instruct you as to what you are to do during the power failure. If there is potential danger to building occupants, clear the facility. If the power failure occurs after hours, weekends or holidays, notify Shawn Muir 1-410-991-9034. 4. Turn off all light switches. B.During periods of very heavy power usage, the area utility company may have to reduce voltage. This is commonly called a "BROWNOUT"In the event of a brownout, the following steps should be taken by management or a supervisor. 1. Turn off all lights and equipment not necessary for safe operation. 2. Call the city and inform them of the situation. 3. Call the Aquatic Manager 5. Full cooperation during a brownout is extremely important. Such cooperation may possibly prevent the loss of all electrical power. C.If evacuated remove cash from cash drawers and put till contents in the safe, lock office doors upon leaving. If necessary assist disabled persons in exiting the building. D.Evacuate to a distance of at least 500 feet from the building and out of the way of emergency personnel. Do not return to the building until instructed to do so by Public Safety officers. 4. Call the Facility Opperations Manager and follow his lead. 5. Turn off all pool pumps at the VFD white boxes 6. Increase ventilation in building by opening windows. If the failure lasts more than a few minutes, it will be necessary to evacuate persons from darkened areas (restroom, stairwells, or other areas with no windows or natural lighting). 7. A supervisor should call the electric company to report the blackout and inquire about the length of time the blackout is expected. 8. A supervisor should call the city employee named above and inform him there has been a blackout at the pool. 9. If it becomes necessary to evacuate the premises during a blackout, be sure to proceed in an orderly fashion assisting people with needs from the facility. Appendix | 183 Item 1G-312 50 CHLORINE SPILL OR LEAK PROCEDURE 1. Upon observation of a chlorine spill or leak, do not approach the source of the leak or a pool of spilled chlorine. 2. Shut off any valves or pumps involved with the chlorine tank, if they are accessible without approaching the leak or spill. 3. Notify the Facility Supervisor and Aquatic Manager immediately. 4. Notify County HAZMAT immediately through 911. Notify 911 upon answering that it is a HAZMAT spill or leak consisting of pool chlorine and provide the address: Also report the chemical name of the pool chlorine as known from the MSDS and if anyone appears injured or down from the spill. Answer any other questions 911 dispatch may have. 6. Aquatic Manager or Shift Supervisor must immediately begin isolating the area surrounding the spill or leak from any people, employees or patrons. Close entrance to new patrons. 7. The Aquatic Manager or Shift Supervisor determines if the facility will be evacuated in an orderly fashion based on the severity of the spill or leak. 8. If evacuation is ordered, all patrons and personnel must leave to designated area or beyond. 9. Aquatic manager or Shift Supervisor meets HAZMAT team on arrival as close to entrance as feasible. Purpose is to deliver to HAZMAT commander the following before they enter the contamination zone: 1. SDS of leaking chemical 2. Maximum Volume stored of chemical 3. Facility map information showing location of entrance and chemical storage 4. Indicate location of leak and estimated volume if known 5. Describe containment features 6. Describe the position or function of any valves and or pumps involved with the leak or spill 7. Any other information the HAZMAT commander asks for 10. If the HAZMAT action results in Hazardous Waste, the Aquatic Manager coordinates with the City Manager to determine the Hazmat carrier who will pick up and dispose of the waste. 11. The County HAZMAT Commander will issue the all clear and allow the facility to be reentered. 12. If additional work needs to be done after the HAZMAT commander leaves without issuing an all clear, the facility will remain closed until the clean-up is complete and a clearance has been given by a certified Hazmat professional or certifiedindustrial hygienist. 5. Contact the City ManagementAnalyst Shawn Muir 1-760-346-0611.After business hours, notify City ManagementAnalyst Shawn Muir 1-760-776-6481. Appendix | 184 Item 1G-313 Appendix M: Fecal Incident Response Log Appendix | 185 Item 1G-314 Fecal Incident Response Log Person Conducting Contamination Response Supervisor on Duty Date (mm/dd/yyyy) of Incident Response Time of Incident Response Water Feature or Area Contaminated Type/Form of Contamination in Water: Fecal Incident (Formed Stool or Diarrhea), Vomit, Blood Time that Water Feature was Closed Stabilizer Used in Water Feature (Yes/No) Water Quality Measurements Level at Closure 1 2 3 4 Level Prior to Reopening Free Residual Chlorine (1-4 are measurements spread evenly thru the closure time) pH (1-4 are measurements spread evenly thru the closure time) Date (mm/dd/yyyy) that Water Feature was Reopened Time that Water Feature was Reopened Total Contact Time (Time from when disinfectant reached desired level to when disinfectant levels were reduced prior to opening) Remediation Procedure(s) Used and Comments/Notes Appendix | 186 Item 1G-315 Appendix N: Annual Pool Tarp Training Appendix | 187 Item 1G-316 Annual Pool Tarp Training Name: __________________________________________ Title: _________________________ Date: ______________________ Training Time: _________am/pm TO ____________am/pm Lap Pool:___ Rec. Pool:___ -Staff Member use only- I, ________________________________, have become familiar with the operations of the tarp reels. I am confident in my knowledge concerning tarping and un-tarping the pools, covering the tarp reel, using the hand cranks, anchoring the reel with the safety stop, and having demonstrated this to my supervisor. I have properly demonstrated tarping procedures under my supervisor’s supervision and will maintain all the rules from here forth. -Tarp Supervisor use only below- I,______________________________, do affirm that this employee has been visibly observed to have the ability to properly tarp on all pools. This employee has demonstrated the ability, knowledge, and confidence to use tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to tarp the pools. Supervisor Signature: _______________________________ Date: ____________ -Tarp Removal Supervisor use only below- I,______________________________, do affirm that this employee has been visibly observed to have the ability to properly un-tarp all pools. This employee has demonstrated the ability, knowledge, and confidence to use tarps in accordance with the Palm Desert Aquatic Center operating procedures and is authorized to un-tarp the pools. Supervisor Signature: _______________________________ Date: ____________ Appendix | 188 Item 1G-317 Appendix O: Swim Testing Appendix | 189 Item 1G-318 Appendix Page | 23 Swim Tests Here at the Palm Desert aquatics center we conduct swim tests for anyone under the age of 18 wanting to swim in the deep water or use the diving boards. Any lifeguard may conduct a swim test. On busy days, the swim tests are often conducted by a lifeguard or a supervisor in order to accommodate large groups at one time. Frequently asked Questions 1. Who may take a swim test? Any person under the age of 18 years old needs to take a swim test to swim in the deep water or use the diving boards. 2. Do I need a swim test if I want to go off of the diving boards? Yes, if you are under the age of 18. 3. Do I need a swim test if I am 32 and want to go off of the diving boards? No. 4. Do I need a swim test to swim in the shallow end of the big pool? No. 5. Can a lifeguard ask a customer to re-take a swim test even if the lifeguard knows they were here before? Yes. 6. What is the swim test? A lifeguard may use any section of the pool to conduct a swim test. The test needs to include swimming the equivalent of 20yds, any type of stroke except backstroke. The person may swim with or without their face in the water. After completing the swim portion, treading water for 30 seconds in required. If they complete both tasks, they have passed the swim test. 7. What happens after they pass the swim test? The lifeguard, who conducted the swim test, will issue a bracelet for the swimmer to wear throughout the day. 8. Do I need to take the swim test to go on the water slides? No, but swimming ability is expected and 48” height is required. 9. Can I doggie paddle and pass the swim test? Appendix | 190 Item 1G-319 Appendix Page | 24 It is up to the lifeguard conducting the test to determine if the swimmer is strong enough to be safe in deep water. 10. When is the swim test conducted? On a busy day, swim tests are conducted on a regular schedule such as every 15 minutes, or every hour. However, a lifeguard may provide good customer service by offering a swim test at any time they are available to do so. 11. What if a customer does not pass the swim test? They are not given a bracelet so they must swim in the shallow areas. They may try again at a future time. Appendix | 191 Item 1G-320 Appendix P: Facitilty Rental Agreement Appendix | 192 Item 1G-321 Palm Desert Aquatic Center 73-751 Magnesia Falls Drive Palm Desert, CA 92260 (760)565-7467 1 Aquatic Facilities Use Agreement (Revised 8/2021) This application, when properly completed, approved, and signed by an authorized representative becomes a permit to use the facilities described for the time(s) and purpose herein set forth. The applicant agrees to abide by the terms, rules and regulations of this permit set forth on the attached pages, and other regulations of the City of Palm Desert and Family YMCA of the Desert established for the use of these premises and to pay such fees as may be required. Facility/Pool Desired (circle desired space): Competitive Pool / Shallow end / Diving Boards / Recreation Pool / Waterslides / Splash / Multi-Use Room Lanes: 50 Meter Long Course ($24 per lane per hr.) / 25 Yard Short Course ($12 per lane per hr.) _____________________________________________________________________________________ Organization ____________________________________ Number of Lanes: ____________________ Dates Requested: _________________________________Times: _____________ to _____________ Purpose of Space Use: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ *Equipment required (circle desired equipment): *Additional signatures and fees may be required. Water Polo Goals 2___ 4___ / WP Netting / CTS / CTS Accessories / Kick Boards / Pull Buoys / Fins / Floatation Belts / Sound System. Please be specific in regards to activity, age of participant, and special requirements. Number of participants: Special Requirements: _______________________________________________________________ - Dec. 31st 2022 Appendix | 193 Item 1G-322 2 PDAC Aquatics Facilities Use Agreement The City of Palm Desert (CITY), owns, and the Family YMCA of the Desert (CONTRACTOR) operates aquatic facilities at the Palm Desert Aquatic Center (PDAC) that are made available, when not in use by the CONTRACTOR/CITY, to various groups, organizations, and teams. Applicant (USER) expressly understands and agrees that by this Agreement, USER is granted a license and USER’s status hereunder is that of a licensee. Under no circumstance shall this Agreement be construed as a “lease,” nor shall USER’s status be that of a “tenant” as those terms are used under the laws of the State of California. USER may not assign any of its rights or subcontract any of its obligations hereunder, to any person or entity, without CITY’s and CONTRACTOR’s prior, written consent. The undersigned USER, in consideration of the use of the noted premises, hereby agrees to abide by and enforce all of the rules and regulations pertaining to the use of facilities requested, and indemnify, defend, save and hold harmless the CITY and CONTRACTOR including their representatives from any claims of liability resulting from use of such facilities. The USER further understands that the USER will be personally held responsible in case of damage to any part of the facility being used. The USER will pay for repairs or replacement of any item(s) damaged during usage of said facility, and will provide all necessary labor or cost to return the facility in a clean and orderly condition. The CONTRACTOR/CITY reserves the right to approve, disapprove, or change reservations and pool space allocations, with or without notice when deemed in the best interest of the aquatic facility. The CONTRACTOR/CITY reserves the right to close individual attractions or entire facility at any time. All Vendors must have written permission from the CONTRACTOR/CITY and may only set up in an area assigned and approved by the CONTRACTOR/CITY. Any vendor displaying or selling items or providing a service at the aquatic facility park space must have CONTRACTOR/CITY written approval. Use of tents, sun shades, generators, scoreboards, timing system, sound systems, etc., must be pre- approved by the CONTRACTOR/CITY. The USER will be responsible for the safety and supervision of all USER parties at the aquatics center due to the USER’s use. CONTRACTOR will provide lifeguard oversight of water use. The CONTRACTOR will be responsible for development and implementation of space-allocation procedures. The CONTRACTOR will provide lifeguard oversight. The length of time of a reservation or number of lanes reserved may be altered in the event the CONTRACTOR determines the number of swimmers present does not warrant the space that is being allocated. USER may only use those areas of PDAC for which they have been approved. Use of other areas may result in suspension from future usage of the facility. USER and participants will follow all direction and guidelines of CONTRACTOR. Failure to follow staff direction may result in suspension from future usage of the facility. USER will be held liable and billed for any and all damage done to the facility during usage. USER will be responsible for the actions of all event participants and all areas of the facility utilized by the USER’s group, including restrooms. Permission to use PDAC facilities shall not be granted to exceed one calendar year. No USER may be granted a monopoly on any facilities. Appendix | 194 Item 1G-323 3 Future facility requests may be denied on grounds including, but not limited to, abuse or misuse of aquatic center property, and failure to pay promptly for any assessed fees. The person who executes this agreement on behalf of USER must provide proof, upon request, that he or she is at least 18 years of age to rent any PDAC facility. Rental Priority While approved lane bookings may be made in advance, the priority scheduling listed below will take precedence when booking conflicts arise. I. Full Facility Rentals II. Special Events including but not limited to: Swim Meets, Water Polo Games, Diving Competitions, etc. III. Partial Facility Rentals. IV. Returning/Recurring USERS in good standing renting lanes annually. V. New/Intermittent USERS in good standing. Any approval to use PDAC facilities may be revoked without previous notice where conflicting days have resulted, or where need of the facility for CONTRACTOR/CITY purposes has subsequently developed. PDAC Lane Rental Policies USERS agree to abide by and enforce the following policies with their participants: Failure to abide by the policies listed below by USER and/or their participants may result in a forfeit of booked pool space and/or suspension from future usage of the facility. 1. A 14 day notice for facility/pool use and/or lane additions is required. Emergency exceptions can be made on a case by case basis. Lane requests must be submitted in writing to the Programs Manager. Approval of lane requests can only be given by the Programs Manager or Aquatic Manager. 2. A 48 hour cancellation notice for pool/lane cancellations is required. If notice is not given the USER will be charged for lanes booked for that day. Emergency exceptions can be made on a case by case basis. 3. Rental Agreements can be initiated with 24 hour notice on a case by case basis. 4. In the event the USER must terminate USER’s contract, USER must notify CONTRACTOR in writing thirty (30) days prior to the cancellation date. 5. CONTRACTOR/CITY reserves the right to schedule PDAC programs as a priority when rescheduling due to weather conditions and/or unscheduled pool/facility closures. Appendix | 195 Item 1G-324 4 6. Cancellations due to weather conditions will be solely determined by the PDAC staff. In the event of an electrical storm, lightning sighted, or thunder heard it is mandatory that an event be suspended and all people cleared from the pools for a minimum of 30 minutes. 7. Any and all USER coaches/assistant coaches/instructors must be listed and attached to this form. 8. Any and all USER coaches/assistant coaches/instructors who are instructing their participants in activities must adhere to the Certification Guidelines listed on page 6. 9. USERS renting the full or partial facility may receive exemption from the Certifications Guideline on a case by case basis. 10. Coaches must be on the grounds before participants enter the water. Participants may only enter the space rented by the USER at the allotted time. 11. A guest/participant list must be provided to the Program Manager and kept current by USER. 12. The participant list must contain the following information: First name, last name, age, and emergency contact of all participants in the USER’S program. 13. All participants and guests must check in with the Front Desk prior to entering the facility. 14. Participants that are not on the provided list will be asked to wait at the Front Desk until the USER provides the necessary information. 15. Participants/guests may only use the emergency exits in case of an emergency. Entry in and out of the facility may only occur at the front entrance. 16. USERS/Coaches will not duplicate staff’s triple whistle blasts. 17. CONTRACTOR/CITY property is not to be removed from the premises. 18. No structures, electrical modifications, mechanical apparatus, or any staples, nails, screws, or other similar devices may be erected on, installed on, or attached to Aquatic Center property without written permission. 19. Sub-letting of any and all space to any club or organization other than the USER appearing on this agreement is strictly prohibited. 20. The service or sale of food, refreshments or merchandise will not be permitted on PDAC property except by written permission and with the acquisition of appropriate Health Code Permits. 21. Building and/or pool deck must be left cleaned, free of debris, and ready for next user within rental time. This means that the clean-up must begin ten minutes before the time that the area is to be vacated. 22. USER may provide locked cage to store limited team equipment within cage in facility storage unit upon management approval. 23. All equipment must be returned to its proper place in its allocated spot within the storage room. 24. The CONTRACTOR/CITY is not responsible for lost or stolen items or damage to property. Appendix | 196 Item 1G-325 5 25. All events must end by closing unless written prior approval is given by CONTRACTOR/CITY. 26. If USER intends to utilize rented space for anything other than what is listed in this contract CONTRACTOR/CITY consent is required. 27. Lanes will not be rented to USERS with consistently less than 3 swimmers per lane while school is in session Monday-Friday, between the hours of 3:00pm-6:00pm. 28. USERS in good standing will be allowed to continue to book/utilize scheduled pool space. 29. USER and participants must follow all pool rules as listed in PDAC Pool Rules Booklet. PDAC Facility Use/Payment Requirements USERS agree to abide by the following space and payment requirements: 1. USERS renting the facility on a consistent basis will be required to pay the full monthly rent by the 5th business day of the following month. Note: if the payment is not made on or before the 5th business day of the month the USER will incur a late fee of $50.00. 2. USERS renting the facility intermittently will be required to pay the full amount listed on the invoice for the due date listed on the invoice. Note: if the payment is not made on or before the date on the invoice the USER will incur a $50.00 fee. 3. If payment is not received by the 10th business day of the month the USER will forfeit any scheduled space thereafter and be suspended from future usage of the facility for the remainder of the calendar year. 4. Nonpayment may be sent to collections and may result in denial of subsequent applications for all future use of any PDAC facilities. 5. If USER has policies and procedures that prevent payment from being met on the 5th business day a formal written request must be submitted for approval for subsequent date. 6. The accepted forms of payment are: Cash, Check, Visa, MasterCard, Discover, or American Express. Payments must be made at the Palm Desert Aquatic Center or mailed to The Family YMCA of the Desert Attn. Accounting. 43930 San Pablo Drive Palm Desert CA, 92260 7. Return checks will incur a $50.00 fee. 8. Booking a Full Facility Rental, Special Event, and Partial Facility Rental requires one third of the total rental amount as a deposit to hold the date(s) requested. 9. Cancellation of any rental that requires a deposit must be submitted in writing no less than 7 business days in advance, in order to receive a refund of the full deposit. 10. Lane rentals that occur after regular business hours are subject to increased rates. 11. A 30 day advanced notice is required for termination of this agreement. The last month’s rent payment will be expected to be paid in full. 12. USER shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. CONTRACTOR & CITY, their officers, officials, agents, and employees shall be included as insureds on the policy. USER shall file certificates of such insurance with the CONTRACTOR/CITY which shall be endorsed to provide thirty (30) Appendix | 197 Item 1G-326 6 days’ notice to the CONTRACTOR/CITY of cancellation or any change of coverage or limits. If a copy of the insurance certificate and required endorsements are not on file prior to the event, CONTRACTOR/CITY may deny access to the facility. USER shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with USER’s use or occupancy of the CONTRACTOR/CITY facilities and adjoining property to the CONTRACTOR Manager or his/her designee, in writing and as soon as practicable. 13. USER shall maintain sexual abuse & molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. Coverage may be provided as part of the commercial general liability policy. 14. If USER has employees working at the facility, USER shall maintain workers ’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000 per accident or disease). USER shall require its workers’ compensation insurer to endorse the policy to waive its right of subrogation against CITY/CONTRACTOR. 15. USER shall maintain commercial general liability, sexual abuse & molestation liability, and workers’ compensation (if applicable) insurance covering all activities to be performed at the facility. USER may meet this requirement by obtaining coverage through an association (e.g. USA Swimming, USA Water Polo). However, association coverage can only be accepted for “sanctioned” or “covered” events as expressly stated on a certificate of insurance or other similar document. If USER wishes to perform activities outside the scope of association coverage, USER shall provide evidence of the above required insurance covering those activities to CONTRACTOR/CITY. 16. USER waives any right of recovery against the CONTRACTOR/CITY, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond CONTRACTOR/CITY’S control. USER shall not charge results of “acts of God” to the CONTRACTOR/CITY, its officers, employees, or agents. 17. USER waives any right of recovery against the CONTRACTOR/CITY, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with use or occupancy of the facility and adjoining property, even if the CONTRACTOR/CITY, its officers, employees, or agents seek recovery against USER. Appendix | 198 Item 1G-327 7 Certification Guidelines All supervising personnel (coaches, assistant coaches, or instructors) must have one of the following current certifications approved and on file at the Aquatic Center. 1. American Red Cross (ARC) – Safety Training For Swim Coaches OR ARC Lifeguarding 2. ARC First Aid/CPR/AED 3. A current USA Swimming Coach card or a current USA Water Polo Coach card when applicable. * Equivalent certifications may be acceptable at PDAC Management’s discretion Original certifications are to be submitted to the PDAC Program Manager before an individual may begin coaching or giving instruction at the Aquatic Center. It is the responsibility of the coach(es) to maintain all current certifications required for their position, and update their file at the Aquatic Center. Appendix | 199 Item 1G-328 8 PDAC Aquatic Facilities Rental Application Name: __________________________________________________________________ Address: City State: Zip: Telephone: Home: Work: Cell:______________ Fax: Organization: ___ Non-Profit: Yes No If non-profit please provide Tax ID Number Please provide copy of non-profit letter Director: __ Title: Signature of Applicant: Date: (Responsible Party) USERS shall be held responsible to see that all of the facility use rules and facility use requirements are strictly enforced. The undersigned has read and fully understands and agrees to follow the Facility Use/Rental Rules and Facility Use/Rental Requirements. The undersigned understands as a facility USER that paying for all damages to the premis es and facility may be required and that all rules included in this contract must be followed. The USER further understands that no refund on the deposit will be given if there is any damage done to the facility or multi-use room. Deposit will be returned within two working weeks after the event in the form of a YMCA check provided there is no damage to the facility and no rules are violated. By signing below USER acknowledges receiving a copy of the PDAC Pool Rules, Multi-Use Room Use Requirements, and Lane and Space Rental Fees pamphlets. USER agrees to abide by all rules and regulations and fee allocations noted in this contract, as well as the pamphlet regulations provided. The undersigned agrees that not adhering to one or more conditions in this contract may be grounds for USER contract and facility use termination. Print name: USER Authorized Signature: Date: PDAC Print name: PDAC Management Signature: _____ Date: __ Appendix | 200 Item 1G-329 9 Waiver and Release of Liability Agreement to indemnify City of Palm Desert & YMCA The undersigned hereby acknowledges that (he/she) has agreed to rent the following facility space from the City of Palm Desert & Family YMCA of the Desert: ______________________________________________________ In connection herewith, the undersigned hereby releases the City of Palm Desert and Family YMCA, their present and future directors, officers, employees, agents and representatives from any and all claims, costs, expenses, demands, debts, controversies, damages and cause of action, which the undersigned may now have or hereafter have by reason the use and/or rental of the property. The undersigned further agrees to indemnify, defend and hold harmless City of Palm Desert and Family YMCA of the Desert, their present and future directors, officers, employees, agents and representatives from any and all claims, costs, expenses, demands, debts, controversies, damages and cause of action of any third party arising from the use and or rental of the property during the time period the property is rented, unless solely caused by the gross negligence or willful misconduct of City of Palm Desert or Family YMCA. The undersigned further agrees to waive any and all rights provided by Section 1542 of California Civil Code which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in favor at time executing the Release which, if known, must have materially affected his/her settlement with the Debtor.” THE UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. THE UNDERSIGNED IS AWARE THAT THIS IS A RELEASE OF LIABILITY BETWEEN THE UNDERSIGNED AND FAMILY YMCA OF THE DESERT AND/OR ITS AFFLIATES AND ORGANIZATIONS AND SIGNS IT OF HIS/HER/ITS FREE WILL. Executed the day of 20 In , California. USER Print Name: USER Signature: Date: ________ PDAC Management Print Name: PDAC Management Signature: Date: Appendix | 201 Item 1G-330 10 CODE OF CONDUCT: The Palm Desert Aquatic Center (PDAC) is owned by the city of Palm Desert, but the day-to- day management of the PDAC is operated by the Family YMCA of the Desert (YMCA). The City of Palm Desert provides the daily Admission Fee structure, the direction to bring in outside groups and teams, the finances to operate the facility, and input on some policy issues. The YMCA staff is in charge of setting operational policies and procedures, rules and regulations, and providing oversight of safety and use. Program fees (differing from daily Admission Fees) are set by the YMCA in consultation with the City of Palm Desert. While on the deck of the PDAC, all patrons renting facility space must adhere to the following Code of Conduct: 1. The PDAC encourages an atmosphere of working together with mutual respect between staff and all patrons. We expect all patrons and staff member’s to treat each other professionally, based on mutual respect, trust, and individual dignity. 2. It must be viewed to be a privilege to use or work at the Aquatic Center . Failure to utilize or work at the facility professionally, or discuss issues professionally can result in dismissal from the PDAC. 3. Bullying will not to be tolerated in any form. (As defined by USA Swimming) 4. Aggressive and/or abusive behavior and/or profanity is not permitted on the facility grounds. 5. The Aquatic Manager or her/his designee has complete authority to close the pool if safety is a concern or for the following reasons: • Water temperature • Unsafe Weather Conditions • Water quality • Structural, equipment failure, or maintenance requirements • Full facility rental or special program use warranting a closure 6. The Aquatic Manager or her/his designee will make concerted efforts to communicate pool schedules, maintenance issues, and pertinent information to coaches and patrons. Please direct all concerns and/or questions to the Aquatic Manager. 7. For all user groups that are coached: Coaches must sign in at the front desk upon arrival. All subsequent program users are also required to check-in at the front desk upon arrival. 8. Swimmers with a group/team swimming in rented space are not allowed to enter the water until a coach is present on deck. 9. All program coaches must sign off on Lane Use Sheet following program use. 10. All patrons must comply with facility rules, policies, and procedures at all times. 11. All user groups are expected to be considerate and clean up after use while at the PDAC. 12. In the interest of swimmer safety, coaches and patrons must refrain from engaging in conversation with or distracting lifeguards while they are on duty. Appendix | 202 Item 1G-331 11 13. It is expected that all coaches, staff, and users give and distribute accurate and true information regarding the PDAC facility, the users of the facility and the use of the facility. 14. Coaches are responsible for the behavior of their swimmers; and their team members (including swimmers and family members) present during rented lane space use times. 15. Any coach or patron hearing or seeing unprofessional behavior of lifeguards or other PDAC staff should report behavior to the Aquatic Manager or his/her designee as soon as practical. 16. Any coach or patron hearing or seeing unprofessional behavior of the Aquatic Manager should report behavior to the City Manager or his/her designee as soon as practical. 17. Failure to display appropriate behavior or to comply with facility rules, policies, or procedures can result in either temporary or permanent expulsion. I have read and understand Palm Desert Aquatic Center’s Code of Conduct: Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ Coach/Instructor Title: _____________________ Name: ____________________________ Coach/Instructor Signature: _________________________________ Date: _______________ PDAC Management Print Name: __ PDAC Management Signature: ______________________________ Date: ________________ Appendix | 203 Item 1G-332 12 Fees Agreed To: Facility Rental Amount: $ Multi-Use Room Rental Amount: $ Attraction Rental Amount: $ CTS Rental Amount $_________________ Total Rental Amount: $ ______ Refundable Security Deposit $_________________ Total Rental Amount: $ ______ See Attached Invoice(s) USER Printed Name: ________________________________ USER Approval Signature: _____________________________ Date:_____________ PDAC Management Printed Name: ________________________________ PDAC Management Signature: __________________________ Date:_____________ (Upon Receipt) Deposit Forfeit Fees (If Applicable for Rental): • Alcohol found on premises………………………………………. $250.00 • Damage to facility or equipment…………………...………….… $250.00 • Pool Facility left unsecured …………………………………….. $150.00 • Tables and chairs not properly put away ……………………….. $100.00 • Trash not removed from facility……………………………….. $100.00 Appendix | 204 Item 1G-333 13 Facility User/Staff Checklist Facility: _________________________________________ Date:_________________ Group: ______________________________________ Arrival Time: _________________ Pre-use Inspection: Building is O.K. ______________________/_________________________ Customer’s Signature/PDAC Staff Signature Pre-use Comments: _____________________________________________________________ _____ Set-up of the facility (staff) _____ Vacuum multi-use room floor (staff) _____ Wipe down multi-use room restroom (staff) _____ Empty trash bags into dumpster (staff) _____ Clean multi-use room windows (staff) _____ Put away tables and chairs (staff) _____ Tables: wipe clean (customer) _____ Chairs: wipe clean (customer) _____ Straighten furniture (customer) _____ Pick up trash (customer) _____ Bag and trash set outside door (customer) _____ Clean the counters and appliances (customer) _____ Remove string, tape and covers from walls, chairs, tables and deck (customer) _____ Verify there are no nails, tacks, or push pins in multi-use room walls (customer/staff) _____ No Multi-use room carpet stains (customer/staff) Post-Use Inspection: Departure Time: ___________ PDAC Staff Print Name: PDAC Staff Signature: _________________________________________________________ USER Signature: ___________________________________________________________ Post-use Comments: ____________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Appendix | 205 Item 1G-334 14 PDAC CTS Rental Application Name: __________________________________________________________________ Address: City State: Zip: Telephone: Home: Work: Cell:______________ Fax: Organization: ___ Non-Profit: Yes No If non-profit please provide Tax ID Number Please provide copy of non-profit letter Director: __ Title: Signature of Applicant: Date: (Responsible Party) USERS shall be held responsible to see that all of the facility use rules and facility use requirements are strictly enforced. The undersigned has read and fully understands and agrees to follow the Facility Use/Rental Rules and CTS Rental Requirements. The undersigned understands as a facility USER that paying for all damages to the CTS equipment and facility may be required and that all rules included with this contract must be followed. The USER further understands that no refund on the deposit will be given if there is any damage done to the facility or CTS equipment. Deposit will be returned within two working weeks after the event in the form of a YMCA check provided there is no damage to the facility and no rules are violated. By signing below USER acknowledges receiving a copy of the PDAC Pool Rules, and CTS rental requirements. USER agrees to abide by all rules and regulations and fee allocatio ns noted, as well as the pamphlet regulations provided. The undersigned agrees that not adhering to one or more conditions may be grounds for USER contract and facility use termination. USER Print name: USER Signature: Date: PDAC Management Printed Name: ________________________________ PDAC Management Signature: Date: Appendix | 206 Item 1G-335 Appendix Q: Training Checklists Appendix | 207 Item 1G-336 Appendix | 208 Item 1G-337 change Appendix | 209 Item 1G-338 Site Training Trainers Initial Date Job Description / / Uniform / / Employee Hand Book / / Full Facilty Tour / / EAP / / Emergency # 's / / First aid kit Locations / / Earthquake Kit Location / / Fire Extinguishers / / SDS Binders / / Time Off Request / / Forms to hand out/ Blank Forms / / Life Jacket pockets Wall /Key Board/Rental Equipment Binder / / Aquatics Drive / / Forms to hand out/ Blank Forms / / Forms For Front Desk Only / / Demonstrate Date Go Over Date Demonstrate Ini. Go Over Ini. Demonstrate Ini. Go Over Ini. Count in / / / / Opening Procedures / / / / Closing Procedures / / / / End of Shift Procedures/ count out / / / / Private Swim Lesson Enrollment / / / / Lane Rental Payment Procedure / / / / Multi-use payment procedure / / / / Silver & Fit Membership Enrollment / / / / Silver Sneaker Membership Enrollment / / / / Refund Procedure / / / / Demonstrate Date Go Over Date Demonstrate Ini. Go Over Ini. Demonstrate Ini. Go Over Ini. Drop Form / / / / Daily Pool Map / / / / Release of Liability forms / / / / Maintenence Report on tablet / / / / Lost and Found Binder / / / / Take Photo/print card for memberships / / / / Pointed Out Received Front Desk Employee Training NAME: ____________________ All staff must be shown and trained on the following Received YMCA/HR Email :_____________________________ New Staff Initial In Facility Pointed Out Completed Pointed Out Pointed Out Pointed Out Pointed Out Pointed Out Pointed Out Pointed Out Pointed Out Pointed Out On Computer Pointed Out Appendix | 210 Item 1G-339 Adding Members / / / / Logging in to all computers / / / / How to scan card / / / / New Activity Enrollment / / / / Flexreg Enrollment / / / / Selling Merchandise / / / / Selling Annual, 25 punch, and 3 Month / / / / Selling Water Exercise/Fitness Passes / / / / Selling Private Swim Lesson Pass / / / / Rain Check / / / / Outlook / / / / Email Etiquette/Workflow Notifications / / / / Reprint a Recipt / / / / Proper Phone/Walkie-Talkie Etiquette / / / / Restocking Merchandise / / / / Trainers Initial Date Internal Control Procedures / / Meal Break Signature / / Code of Conduct / / Cell phone Policy / / Sun Exposure Signature / / Staff Emergency Contact Form / / I verify a supervisor/trainer has gone over all the above topics with me. Requires Signature Requires Signature Requires Signature Supervisor Signature ___________________________________________Date___________________ Requires Signature Requires Signature New Staff Initial Requires Signature Employee Signature ___________________________________________Date___________________ Appendix | 211 Item 1G-340 Appendix R: Lifeguard In-service Dates, Policy & Training Schedule Appendix | 212 Item 1G-341 Lifeguard Training Attendance Policy 2023 Dates January 7th (5:30p-7:30p) February 18nd (5:30p-7:30p) March 18st (5:30p-7:30p) April 8th (5:30p-7:30p) May 21st (5:15p-8:15p) June 3rd (7:15p-10:15p) June 17th (7:15p-10:15p) July 8th (7:15p-10:15p) July 22nd (7:15p-10:15p) August 5th (7:30p-9:30p) August 19th (7:30p-9:30p) September 16th (5:30p-7:30p) October 14th (5:30p-7:30p) November 18th (5:30p-7:30p) December 9th (5:30p-7:30p) All staff must attend the scheduled trainings throughout the year. You may be excused from 2 trainings per year and only 1 of those excused absences may happen during the months (May – August). May 21st is a mandatory training for all PDAC employees. If you are absent for any reason, other than a preapproved absence by the Lifeguard Supervisor (i.e. approved time off request, in advance of the meeting date) you will be removed from the schedule and will have one week to make up the mandatory training from the original training date.. If you fail to make-up that training, but do attend the next training you may be put back on the schedule following the training you most recently attended. This policy is the same for those who are listed on the schedule as substitutes. If you are absent for more than two (2) mandatory trainings, you may be subject to disciplinary action, up to and including termination of employment. Please wear your uniform, including your whistle, and wear/bring your swimsuit and tarping shoes. I, __________________, understand the above stated policy about training attendance and realize that training is mandatory for working at the Palm Desert Aquatic Center. _____________________________________ Date ___________ Employee Signature _____________________________________ Date ___________ Supervisor Signature Appendix | 213 Item 1G-342 January February March April LG Manual Chapter 10 -LG Manual Chapter 3 - LG Manual Chapter 9 - LG Manual Chapter 2 - First Aid Surveillance and Recognition Cardiac Emergencies Facility Safety Extrications w/CPR Scanning Drills/Zone Coverage Rule/Policy Enforcement Reports and Forms LG Manual Chapter 7 -Spinal SWIM Fecal Contamination Before Providing Care Simple Active Rescues and Victim Assessment Y Safety Meeting Y Safety Meeting Y Safety Meeting Y Safety Meeting Brick May June July August LG Manual Chapter 7 - All Staff In-Service LG Manual Chapter 11 - Water Polo Set-up Before Providing Care CAP (first time) Caring for Head, Neck, and Victim Assessment EAP drills w/ Front Desk Staff Spinal Injuries Water Rescue Skills BBP Training Attendance Policy/Calling Out Spinal Deep + Shallow LG Manual Chapter 10 - SWIM Rescue Skills Policies and Procedures First Aid Rule/Policy Enforcement Y Safety Meeting SWIM Y Safety Meeting Y Safety Meeting Brick Y Safety Meeting September October November December LG Manual Chapter 4 - Tarp Training LG Manual Chapter 9 - LG Manual Chapter 1 - Injury Prevention Chpt 5 - Emergency Action Plan Cardiac Emergencies The Professional Lifeguard Y Safety Meeting Review on CPR Chapter 8 - Y Safety Meeting Extrications w/CPR Breathing Emergencies SWIM fully clothed Y Safety Meeting Concious and Unconcious Choking Y Safety Meeting & Brick Brick SWIM Lifeguard Training Schedule 2023 Appendix | 214 Item 1G-343 Appendix S: Online Facility Calendar Appendix | 215 Item 1G-344 Appendix | 216 Item 1G-345 Appendix T: Pool Map Appendix | 217 Item 1G-346 50 Meter Pool 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5:30am 6:00am 6:30am 7:00am 7:30am 8:00am 8:30am 9:00am 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm 1:00pm 1:30pm 2:00pm 2:30pm 3:00pm 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm 6:00pm 6:30pm 7:00pm 7:30pm 8:00pm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Time Shallow Lap Swim Lap Swim Tritons 5:30-6:30 Lap Swim Lap Swim Lap Swim Lap Swim Lanes Shallow/Deep Water 9:00-9:45 A B C D Lap Swim Lap Swim Lap Swimopen Lap Swim Set up Deep Water Class 10:45 Deep Water Boot Camp 11:00-11:45 Lap Swim Lap Swim Lap Swim Monday, January 2, 2023 Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim C Shallow C D Lap Swim Lap Swim Lap Swim Lap Swim PDSC 4-6pm Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim PDSC 4:00-6:30 Lap Swim Lap Swim Lap Swim Lap Swim Lap SwimLap Swim PDSC 8-10:00 Lap Swim Scorpions 6:00-8:00Lap Swim Lap Swim A B CLOSED B Lap Swim Lap Swim Lap Swim University of Lethbridge Swim Team 8:00-9:30am CLOSED 12:00-3:00 CLOSEDPDSC 8-10:00 Lap Swim Lap Swim D Lap Swim Lap Swim Lap Swim Lap Swim Remove Lanes at 5:30 Appendix | 218 Item 1G-347 Appendix U: YMCA Program/Registration Form and Fitness Class Waiver Form Appendix | 219 Item 1G-348 Participants First and Last Name Age Date of Birth (MM/DD/YYYY) ID# (For PDAC Staff only) Circle Program Name PCA PCB PS1 PS2 PS3 L1 Lifeguard Training ALTS Pro gL2 L3 L4 L5 L6 Rec. Swim Team Private Lesson________ Program Date Program Time Home Address E-mail Address Note: Sharing your e-mail information will allow you to receive current Y bulle- tins; if not interested please do not include. City St. Zip Code Home/ Cell Phone No. If participant is under18 years of age please fill out below info. Parent/Guardian First and Last Name Cell Phone No. / Work Phone No. Parent/Guardian First and Last Name Cell Phone No. / Work Phone No. CHILDS RELEASE AUTHORIZATION / EMERGENCY CONTACT BELOW: Name Relationship Home Phone Number Cell Phone Number Program Registration Form 73-751 Magnesia Falls Drive, CA, 92260 Phone: (760) 565-7467 Website: www.pdpool.com D/O/B (MM/DD/YYYY) D/O/B (MM/DD/YYYY) Gender M/F/N Appendix | 220 Item 1G-349 WWAIVERAIVER OFOF LIBILITYLIBILITY - Parent’s signature required in order for minor to participate in the program. I, the undersigned parent/guardian having legal custody of the above said minor, give permission for the minor to participate in the program described above. The minor is physically able and mentally prepared to participate in all activities as described in the announcement for the program. I, on behalf of myself (as parent, guardian, or participant) hereby: 1. Acknowledged that (I) I have read this document, (ii) I have inspected the YMCA facilities and equipment, (iii) I accept them as being safe and reasonably suited for the purposes intended and (iv) I voluntarily sign this document. 2. Release the YMCA, its directors, officers, employees and volunteers (collectively “Releases”) from all liability to me for any loss or damage to property or injury or death to person, whether caused by Releases or otherwise and while such minor is in or near the YMCA. 3. I agree not to sue Releases for any loss, damage, injury or death described above and I will indemnify and hold harmless Releases and each of them from any loss, liability, damage or cost they may incur due to said minor’s presence in, upon or near the YMCA’s branch; whether caused by the negligence of Releases or otherwise. 4. I assume full responsibility for, and risk of, bodily injury, death or property damage due to the negligence of Releases o r otherwise. 5. I do hereby authorize the YMCA as agent for the undersigned, to consent with respect to said minor, to any x-ray examination, anesthetic, medical, dental, or surgical diagnosis or treatment, and hospital care which is deemed advisable by and is to rendered under general or special supervision of, any physician and surgeon licensed under the provisions of the California Medical Practice Act on the medical staff of any hospital, whether such diagnosis or treatment is rendered at the office of the physician or at the hospital. I understand that the YMCA is not responsible for costs incurred for medical care. 6. PHOTO RELEASE: I give my permission to the Family YMCA of the Desert to use my child’s picture or other likeness in any of the YMCA’s general publicity and campaign materials. _________________________________________________________________ _________________________ Parent or Authorized Representative Signature Date IINN ORDERORDER TOTO BETTERBETTER SERVESERVE PARTICIPANTSPARTICIPANTS, , PLEASEPLEASE COMPLETECOMPLETE THETHE FOLLOWINGFOLLOWING HEALTHHEALTH HISTORYHISTORY INFORMATIONINFORMATION FORFOR STAFFSTAFF// PHYSICIANPHYSICIAN PURPOSESPURPOSES:: Asthma Yes No Diabetes Yes No Heart Defect/Disease Yes No Seizures Yes No Recent Hospitalization Yes No Currently under Dr.’s care Yes No AALLERGIESLLERGIES Bee-Stings Yes No Food Yes No Require Bee-Sting Kit Yes No Penicillin Yes No Anything else we should know? Dietary Restrictions? Yes No If yes, please explain: __________________________________________________________________________________________________________ ________________________________________________________________________________________________ PPLEASELEASE READREAD STATEMENTSTATEMENT ANDAND INITIALINITIAL BELOWBELOW:: All Y staff, working directly with children, are required to take training beyond their current education and experience in child abuse prevention and positive guidance within the first 90 (ninety) days of employment. As part of our policies on the protection of children, staff is not allowed to relate to members/participants outside of the Y programs. Please do not put staff in a difficult position by asking them to provide personal childcare or engage in any other outside events. Parent or Authorized Representative Initial Here: _____________________ Appendix | 221 Item 1G-350 Fitness Class Release of Liability I, _________________________________________ request enrollment in the Fitness class to be held at the Palm Desert Aquatic Center. This program contains strenuous physical activity including, but not limited to, aerobic exercise, resistance training, and stretching for flexibility on land or in three feet to fifteen feet of water. I hereby affirm that I am in good physical condition and do not suffer from any disability which would prevent or limit my participation in this exercise program. I fully understand that, although the risk of injury is low, I may injure myself as a result of my participation in a fitness class including, but not limited to, heart attack, muscle strains, pulls, or tears, joint injury, lower back, foot injuries, and any other illness, soreness, or injury however caused occurring during or after my participation in the exercise program. During class, I agree to limit my activity to a level that is comfortable to me and stop all activity if I feel uncomfortable. I will notify the class instructor and my physician if the class causes any discomfort to myself. I understand that all forms of exercise involve some risk of injury. I certify I will inform my treating physician about this class, discuss the risks and benefits of the class with my physician, and obtain the approval of my physician to participate. I agree to keep my physician informed of the effects of this class on my body. I understand that without permission from my treating physician, I should not participate in this or any exercise program. I also understand that there is no requirement to perform all of the class exercises and that I can stop participating in this class at anytime. I, on behalf of myself and my heirs hereby: 1. Acknowledged that (i) I have read this document, (ii) I have inspected the YMCA facilities and equipment, (iii) I accept them as being safe and reasonably suited for the purposes intended and (iv) I voluntarily sign this document. 2. Release the YMCA, its directors, officers, employees and volunteers (collectively “Releases”) from all liability to me for any loss or damage to property or injury or death to person, whether caused by Releases or otherwise and while such minor is in or near the YMCA. 3. I agree not to sue Releases for any loss, damage, injury or death described above and I will indemnify and hold harmless Releases and each of them from any loss, liability, damage or cost they may incur, due to my presence in the program; whether caused by the negligence of Releases or otherwise. 4. I assume full responsibility for, and risk of, bodily injury, death or property damage due to the negligence of Releases or otherwise. 5. PHOTO RELEASE: I give my permission to the Family YMCA of the Desert to use pictures of me or other likeness in any of the YMCA’s general publicity and campaign materials. I affirm that I am exercising with my physician’s approval regarding fitness programming at PDAC and have read and fully understand the above agreement. __________________________________________ _____________ Signature of participant Date __________________________________________ __________________________________ Home address Participant phone number __________________________________________ ________________________ Participant email address Participant date of birth __________________________________________ __________________________________ Emergency Contact Emergency contact phone number Appendix | 222 Item 1G-351 FAMILY YMCA OF THE DESERT PALM DESERT AQUATICS CENTER BUDGET 2023-24 SALARIES: Salaries Manager 84,000.00 Salaries Instructors 138,219.41 Salaries Lifeguards 613,414.07 Salaries Concession 52,226.92 Salaries Aquatics Coordinator 41,891.20 Salaries Lifeguard Supervisor 64,480.00 Salaries Customer Service 105,651.47 Salaries Office & Concessions Manager 41,891.20 Salaries Facility Operations Manager 72,000.00 Salaries Maintenance Assistants 40,350.00 Holiday Staffing (O/T pay) 26,979.14 Health Insurance 17,010.00 Retirement 27,940.99 Payroll Tax 98,004.41 Unemployment Ex 10,889.38 Workers Comp Exp 12,811.03 TOTAL SALARIES 1,447,759.22 OTHER EXPENSES: Janitorial Expense 9,000.00 Maintenance & Repair 32,000.00 Bank Charges 13,910.00 Cell Phone Expense 1,200.00 Employee Uniform Exp 6,000.00 Training/Conference 5,000.00 Transportation Expense 350.00 Employment Promo/Staff Ap 1,200.00 Fingerprints/Medical Clearanc 2,000.00 Equipment for Patron Rental 1,000.00 Resale Merchandise 8,650.00 Food Expense 20,000.00 Beverage Expense 6,500.00 Concession Supplies 2,600.00 Office Supplies 2,000.00 Program Supplies 4,500.00 Supplies First Aid 1,250.00 Printing/Signage 700.00 Postage Exp 80.00 Other Special Event Expense 2,400.00 Miscellaneous Expense 240.00 Dues/Subscriptions 2,100.00 TOTAL OTHER EXPENSES 122,680.00 Management Fee 60,000.00 Administration Cost 118,000.00 TOTAL MANAGEMENT AND ADMIN 178,000.00 TOTAL SALARIES 1,447,759.22 TOTAL OTHER EXPENSES 122,680.00 TOTAL MANAGEMENT AND ADMIN 178,000.00 TOTAL EXPENSE 1,748,439.22 Item 1G-352 Position Title1 2 3 4 5 6AquaticsCoordinator18.25$ 18.71$ 19.17$ 19.65$ 20.14$ 20.65$Front Desk&ConcessionMgr 18.25$ 18.71$ 19.17$ 19.65$ 20.14$ 20.65$FrontDesk15.75$ 15.91$ 16.07$ 16.23$ 16.39$ 16.55$LeadFront Desk16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$LeadLifeguard17.50$ 17.76$ 18.03$ 18.30$ 18.57$ 18.85$Lifeguard17.00$ 17.26$ 17.51$ 17.78$ 18.04$ 18.31$SwimInstructor16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$Maintenance Assistant 16.50$ 16.75$ 17.00$ 17.25$ 17.51$ 17.78$**Lifeguard/SwimInstructor 17.25$ 17.51$ 17.77$ 18.04$ 18.31$ 18.58$Private SwimInstructor 20.00$ 20.50$ 20.81$ 21.12$ 21.44$ 21.76$FitnessInstructor21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$YogaInstructor21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$Masters Coach21.00$ 21.74$ 22.50$ 23.28$ 24.10$ 24.94$LeadConcessions16.00$ 16.24$ 16.48$ 16.73$ 16.98$ 17.24$Concessions15.75$ 15.83$ 15.91$ 15.99$ 16.07$ 16.15$NightWatchperson/Security18.00$ 18.27$ 18.54$ 18.82$ 19.10$ 19.39$Wage Scale 2023-AquaticsLevel7 8 9 10 11 CAPRate21.16 $$ 21.69 22.24$ 22.79$ 23.36$ 25.00$21.16 $$ 21.69 22.24$ 22.79$ 23.36$ 25.00$16.72 $$ 16.89 17.05$ 17.23$ 17.40$ 17.75$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 18.75$19.14 $$ 19.42 19.71$ 20.01$ 20.31$ 21.50$18.59 $$ 18.87 19.15$ 19.44$ 19.73$ 20.00$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 19.00$18.04 $$ 18.31 18.59$ 18.87$ 19.15$ 20.00$18.86 $$ 19.14 19.43$ 19.72$ 20.00$ 20.50$22.08 $$ 22.42 22.75$ 23.09$ 23.44$ 24.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 32.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 30.00$25.81 $$ 26.72 27.65$ 28.62$ 29.62$ 32.00$17.50 $$ 17.76 18.02$ 18.29$ 18.57$ 18.75$16.23 $$ 16.31 16.39$ 16.47$ 16.56$ 17.00$19.68 $$ 19.98 20.28$ 20.58$ 20.89$ 21.00$Wage Scale 2023-Aquatics** worksbothrolesonaconsistantbasiswagesarebasedonacombinationofeducation, certifications, yearsofexperienceand/orperformanceOncewagespassLevel 11onwagescale,increasesmaybepossiblebasedonperformance, duties, education, certifications orother factors in.05%-3%incrementsuntilCAPisreachedforthepostionheld.wagesarebasedonacombinationofeducation, certifications, yearsofexperienceand/orperformanceOncewagespassLevel 11onwagescale,increasesmaybepossiblebasedonperformance, duties, education, certifications orother factors in.05%-3% Item 1G-353 FAMILY YMCA OF THE DESERT PALM DESERT AQUATICS CENTER BUDGET 5 Year Budget SALARIES:2023-24 2024-25 2025-26 2026-27 2027-28 Salaries Manager 84,000 86,100 88,253 90,459 92,720 Salaries Instructors 138,219 141,675 145,217 148,847 152,568 Salaries Lifeguards 613,414 628,749 644,468 660,580 677,094 Salaries Concession 52,227 53,533 54,871 56,243 57,649 Salaries Aquatics Coordinator 41,891 42,938 44,012 45,112 46,240 Salaries Lifeguard Supervisor 64,480 66,092 67,744 69,438 71,174 Salaries Customer Service 105,651 108,293 111,000 113,775 116,619 Salaries Office & Concessions Manager 41,891 42,938 44,012 45,112 46,240 Salaries Facility Operations Manager 72,000 73,800 75,645 77,536 79,475 Salaries Maintenance Assistants 40,350 41,359 42,393 43,453 44,539 Holiday Staffing (O/T pay) 26,979 27,654 28,345 29,054 29,780 Health Insurance 17,010 17,435 17,871 18,318 18,776 Retirement 27,941 28,640 29,356 30,089 30,842 Payroll Tax 98,004 100,455 102,966 105,540 108,179 Unemployment Ex 10,889 11,162 11,441 11,727 12,020 Workers Comp Exp 12,811 13,131 13,460 13,796 14,141 TOTAL SALARIES 1,447,759 1,483,953 1,521,052 1,559,078 1,598,055 OTHER EXPENSES: Janitorial Expense 9,000 9,270 9,548 9,835 10,130 Maintenance & Repair 32,000 32,960 33,949 34,967 36,016 Bank Charges 13,910 14,327 14,757 15,200 15,656 Cell Phone Expense 1,200 1,236 1,273 1,311 1,351 Employee Uniform Exp 6,000 6,180 6,365 6,556 6,753 Training/Conference 5,000 5,150 5,305 5,464 5,628 Transportation Expense 350 361 371 382 394 Employment Promo/Staff Ap 1,200 1,236 1,273 1,311 1,351 Fingerprints/Medical Clearanc 2,000 2,060 2,122 2,185 2,251 Equipment for Patron Rental 1,000 1,030 1,061 1,093 1,126 Resale Merchandise 8,650 8,910 9,177 9,452 9,736 Food Expense 20,000 20,600 21,218 21,855 22,510 Beverage Expense 6,500 6,695 6,896 7,103 7,316 Concession Supplies 2,600 2,678 2,758 2,841 2,926 Office Supplies 2,000 2,060 2,122 2,185 2,251 Program Supplies 4,500 4,635 4,774 4,917 5,065 Supplies First Aid 1,250 1,288 1,326 1,366 1,407 Printing/Signage 700 721 743 765 788 Postage Exp 80 82 85 87 90 Other Special Event Expense 2,400 2,472 2,546 2,623 2,701 Miscellaneous Expense 240 247 255 262 270 Dues/Subscriptions 2,100 2,163 2,228 2,295 2,364 TOTAL OTHER EXPENSES 122,680 126,360 130,151 134,056 138,077 Management Fee 60,000 60,000 60,000 60,000 60,000 Administration Cost 118,000 118,000 118,000 118,000 118,000 TOTAL MANAGEMENT AND ADMIN 178,000 178,000 178,000 178,000 178,000 TOTAL SALARIES 1,447,759 1,483,953 1,521,052 1,559,078 1,598,055 TOTAL OTHER EXPENSES 122,680 126,360 130,151 134,056 138,077 TOTAL MANAGEMENT AND ADMIN 178,000 178,000 178,000 178,000 178,000 TOTAL EXPENSE 1,748,439 1,788,314 1,829,203 1,871,134 1,914,133 Item 1G-354 David R. Keyes 43547 Campo Place • Indio, CA 92203 • davidkeyes@desertymca.org • 760.534.0206 PROFESSIONAL SUMMARY: Over a decade of working and management experience throughout all departments of the Palm Desert Aquatic Center. Safety is my number one priority, and the facility record reflects that. My detailed orientated, lead-by-example management style, hands-on approach, professionalism, patience, and friendly demeanor are key strengths that I attribute to the successful operations of the Palm Desert Aquatic Center. EXPERIENCE: Aquatic Manger April 2017 – Present Family YMCA of the Desert Palm Desert, CA • Oversees all operations including, but not limited to staff schedules, customer service relations, facility rentals, purchasing, pool operations, website, and monthly cash flow statements. • Prepares the annual fiscal budget. • Works consistently with city assigned marketing firm to promote the facility in all aspects. • Attends monthly meetings and collaborates with YMCA aquatic professionals throughout California. • Teach lifeguard classes and assist in monthly in-service training. • Works in various aquatic departments as necessary Aquatic Assistant Manager February 2016 – March 2017 Family YMCA of the Desert Palm Desert, CA • Assisted in marketing. • Attended facility meetings as necessary. • Budgeted payroll for front desk, lifeguard, and instructor staff • Collaborated with previous manager to work on annual fiscal budget • Continued all duties listed under Aquatic Program Manager Aquatic Program Manager and Lifeguard Supervisor May 2015 – January 2016 Family YMCA of the Desert Palm Desert, CA • Continued to create and implement new programs. • Assisted in creation of the current version of www.pdpool.com • Managed 30 - 70 lifeguards by organizing work schedules, provided adequate training through regular in- services, and evaluating their performance. • Held monthly in-service training for lifeguard staff. • Regulated staff skills through drills and evaluations. • Continued all duties listed under Aquatic Program Manager • Managed Front Desk Aquatic Program Manager May 2014 – April 2015 Family YMCA of the Desert Palm Desert, CA • Created and implemented new programs • Scheduled pool space for various user groups and PDAC programs by creating the pool map to avoid overbooking pool space • Oversaw swim instructors • Reconciliation of monthly rental income Appendix | 2 Item 1G-355 • Acted as Manager on Duty as necessary Aquatic Front Desk Manager January 2012 – April 2014 Family YMCA of the Desert Palm Desert, CA • Managed Front Desk staff and operations • Implemented ongoing policies and procedures • Hired, evaluated, disciplined and terminated Front Desk staff as necessary • Trained staff in customer service and the P.O.S. system Aquatic Front Desk and Concessions Manager April 2011 – December 2011 Family YMCA of the Desert Palm Desert, CA • Created rates for retail, food and beverage items • Oversaw merchandise, inventory, purchasing, and handling food • Oversaw both front desk and concessions staff • Trained concessions and front desk staff prior to the facility opening in customer service and P.O.S. system • CERTIFICATIONS: • Aquatic Facility Operator (AFO) • American Red Cross Lifeguard Instructor • American Red Cross Lifeguard/CPR/First Aid/AED EDUCATION: High School Diploma Graduation Date: June 2004 Palm Desert High School Palm Desert, CA Appendix | 3 Item 1G-356 Certificate ID: 00HOVRF Certificate of Completion david keyes has successfully completed requirements for Lifeguarding with CPR/AED For Professional Rescuers First Aid Epinephrine Auto-Injector Training Asthma Inhaler Training and Administering Emergency Oxygen conducted by American Red Cross Date Completed: 02/19/2021 Valid Period: 2 Years Instructors: Kenneth Cross To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00HOVRF Certificate ID: 00UGDJQ Certificate of Completion David Keyes has successfully completed requirements for Lifeguarding Instructor conducted by American Red Cross Date Completed: 07/15/2022 Valid Period: 2 Years Instructors: Rene Hickey To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00UGDJQ Appendix | 4 Item 1G-357 Mike Marshall 52290 Silver Star Trail • La Quinta, CA • mmarshall.ymca@gmail.com • 760.504.5108 PROFESSIONAL SUMMARY: Certified Commercial Swimming Pool Operator with over (25) years of related experience. Detail and result oriented, hands on professional. High energy, goal-based leader with (11) years of on- site management of facility and staff. Core strengths in safe compliant water quality, preventative maintenance, methods of approach, time allocation, budget considerations and effective communication. Ability to manage and complete multiple tasks /assignments simultaneously in a timely manner. EXPERIENCE: Facility Operations Manager 2012 – Present Family YMCA of the Desert Palm Desert, CA Owner/Operator 2009 – 2011 Precision Aquatics San Diego, CA Technician and Repair Manager 2005 – 2011 Golden State Pools San Diego, CA Technician 2002 – 2005 Guaranteed Pools San Diego, CA Technician 1998 – 2003 Bills Pool Service San Diego, CA Lifeguard 1994 – 1999 Scripps Ranch Swim and Racquet Club San Diego, CA CERTIFICATIONS: • Aquatic Facility Operator (AFO) • (AFO) Exam Committee- Appointed 11-1-22. • Certified Pool Operator (CPO) • American Red Cross Lifeguard Instructor • American Red Cross Lifeguard/CPR/First Aid/AED • American Red Cross First Aid for Public Safety Personnel (Title 22) • Lochinvar Heater Certified • Scissor, Fork and Boom Lift Certified- United Academy • Professional Pool Operators of America (PPOA) • National Recreational Parks Association (NRPA) • Heating Vacuum and Air Conditioned Trained • YMCA V6 Swim Instructor/Coach Appendix | 5 Item 1G-358 TRAINED AND QUALIFIED IN PALM DESERT AQUATIC CENTER SYSTEMS: Annual Service Maintenance 1. Pool Filters x3 2. Water Slides (QSI-Qualified Safety Inspection) 3. Splash Pool Features and Wheel Assembly 4. Diving Boards 5. Starting Platforms 6. Colorado Time Systems 7. Heaters x 5 8. Pool Deck Furniture 9. Lifeguarding Equipment Swimming Pools 1. Filtration- (DE- Diatomaceous Earth) 2. Backwashing- Media Recovery 3. Chlorination- Metering pumps and plumbing 4. Acid- PH Balancing 5. Alkalinity- Sodium Bicarbonate 6. Heaters- Boosters and Interface 7. Coolers- Motors and Fans 8. Ultraviolet System 9. Surge Pit and Automatic Water Fill Lines 10. Flag Set Compliance 11. Pool Tile Replace and Repair 12. Lane Line Repair 13. Pool Deck Repair 14. Swimming Pool Equipment Maintenance and Repair Building Systems 1. Lighting- Exterior and Interior 2. Solar Panel Operation and Maintenance 3. Air Conditioning Units 4. Locker Room Shower Boilers 5. Power and Relay System (Overhead Lighting) 6. Backup Batteries and Emergency Power Supply 7. Circuit Breakers and Power Distribution 8. Colorado Time Systems 9. Concessions Food Service Equipment Appendix | 6 Item 1G-359 On-Site Contact 1. City of Palm Desert/Public works 2. Pool Maintenance Contractor-Knorr Systems 3. Pool Chemical Provider-Waterline Technologies 4. Pump Contractor- Multi W Systems 5. Facility Plumbing/HVAC Contractor- Chris Wilson Plumbing 6. Facility Electrical Contractor-Palmer Electric 7. Musco Lighting- Bob Delmer 8. Art/Sculpture Maintenance- Signature 9. Pest Control- Extermapest 10. Landscape Contractor- Vintage 11. Assigned Contractors 12. Utilities- Gas, Power, Water EDUCATION: Bachelor of Arts in Early Childhood Education Graduated 2003 San Diego State University San Diego, CA San Diego Fire Academy 2008-2010 Miramar College San Diego, CA Appendix | 7 Item 1G-360 Certificate ID: 00HOVRI Certificate of Completion Mike Marshall has successfully completed requirements for Lifeguarding with CPR/AED For Professional Rescuers First Aid Epinephrine Auto-Injector Training Asthma Inhaler Training and Administering Emergency Oxygen conducted by American Red Cross Date Completed: 02/19/2021 Valid Period: 2 Years Instructors: Kenneth Cross To verify, scan code or visit: https://www.redcross.org/take-a-class/qrcode?certnumber=00HOVRI Appendix | 8 Item 1G-361 Good Morning, CONGRATULATIONS, you have been selected to be a member of the AFO Exam Committee! This committee will meet with our professional testing company (PSI Services LLC) and NRPA staff 2-3 times. There will be one 1.5 to 2-hour meeting for item writing training virtually, item writing assignments will then be provided to work on during your own time, then another virtual meeting that can either be one 8-hour meeting or two 4-hour meetings. Please let me know if you are still interested and accept this invitation to join the committee? I will be sending out a doodle poll to get everyone’s availability for all meetings, once I have confirmed who has accepted being on the committee. ITEM WRITING TRAINING – 1.5 TO 2-HOUR MEETING Date: Early-Mid January 2023 ITEM WRITING ASSIGNMENTS – OWN TIME Date: Mid-January to Mid-February Task: Write exam questions and provide a reference from the AFO manual, 8th Edition. ITEM REVIEW MEETING – ONE 8-HOUR MEETING OR TWO 4-HOUR MEETINGS Date: Early March 2023 Task: Review, revise and approve each exam item. Double check each item can be referenced in the AFO manual. FINAL EXAM REVIEW – APRIL 2023 Task: Online review Thank you for your willingness to serve as a member of this committee and we look forward to working with you to ensure that the Aquatic Facility Operator (AFO) Certification program continues to meet the needs of all certificants. Please don’t hesitate to reach out with any questions. Take Care, Elizabeth Gonzales (she/her/hers) AQUATICS PROGRAM MANAGER NATIONAL RECREATION AND PARK ASSOCIATION 22377 Belmont Ridge Rd Ashburn, VA 20148 703.858.2186 | egonzales@nrpa.org www.nrpa.org Appendix | 9 Item 1G-362 Kenneth J. Cross 7208 Palo Alto Ave. Yucca Valley, CA 92284 cross.kenneth@gmail.com 760.409.1487 PROFESSIONAL SUMMARY: Experienced team builder with over a decade’s experience training young staff to safely and confidently perform their duties in positions of high responsibility. It is my goal to impart my curiosity for seeking out new skills and to create a supportive environment that encourages the mastery of emergency lifesaving skills. EXPERIENCE: Lifeguard Supervisor May 2019 - Present Family YMCA of The Desert Palm Desert, Ca •Managed 30-60 Lifeguards to safely facilitate patrons use of the facility •Created and maintained work and training schedules •Instructed Red Cross Lifeguard, First Aid and CPR/AED courses •Interviewed, trained and hired potential lifeguards to meet seasonal requirements •Continuously reviewed, updated, and reinforced facility Policies and Procedures and Emergency Action Plan Program Director Jun 2016 - May 2019 YMCA of Greater Long Beach Big Bear, Ca •Managed 15-30 staff in the operation of a year-round camp •Oversaw, ran and maintained 17 program areas including a zip line, climbing tower, rifle range, Lake and pool. •Instructed Red Cross Lifeguard, First Aid and CPR/AED courses • Interviewed, hired and trained potential program staff to meet seasonal requirements •Liaised with user groups to create a schedule of programs and activities Site Supervisor / Program Staff Jun 2015 - May 2016 YMCA of Greater Long Beach Big Bear, Ca •Managed 5 staff in the operation of an after school site serving 100 children. •Oversaw the aquatics department of a camp which included an outdoor pool, a private lake and a lifeguard staff of 12. •Instructed children and adults in programs including zip line, climbing tower, rifle range, canoes and swimming •Aided in minor construction projects and Provided photography and graphic design services. Site Supervisor / Program Instructor Aug 2009 - Apr 2013 Family YMCA of The Desert Palm Desert, Ca •Managed 6 staff in the operation of an after school site serving 100 children. •Created, scheduled, supplied and instructed curriculum for varying school subjects CERTIFICATIONS: Red Cross Lifeguard Instructor Red Cross CPR/AED Instructor Red Cross Lifeguard CPR/AED for the Professional Rescuer, First Aid, Administering Emergency Oxygen, Bloodborne Pathogens Training, Epinephrine Auto-Injector Training, Asthma Inhaler Training EDUCATION: Associates of Science in Graphic Design Graduation Date: February 2018 Full Sail University Appendix | 10 Item 1G-363 Appendix | 11 Item 1G-364 Andrea Lopez 44462 Elkhorn Trail • Indian Wells, CA • andrealopez75@yahoo.com • 760.625.7072 PROFESSIONAL SUMMARY: Have over 4 years of instructing and implementing water safety to the youth. Oversee all the users who inquire lane use at the facility and have frequent communication with them all. Maintain a friendly and open work environment within my employees of land and water programs. Schedule in accordance the overall day of the pool and provide lane availability both online for the patrons and to our staff. Review rental contracts and curate monthly invoices. Handle activity status and programs that are or will be starting. EXPERIENCE: Aquatic Programs Coordinator Sept 2022 – Present Family YMCA of the Desert Palm Desert, CA • Create and implement new programs. • Promote programs using different forms of media. • Oversee facility rentals, contracts, and monthly rental income. • Manage instructors of land and water programs. Swim Instructor June 2018 – Present Family YMCA of the Desert Palm Desert, CA • Actively scan areas of responsibility. • Prevent injuries on deck and in water. • Enforce rules of facility in a courteous manner. • Teach swim lessons in accordance to YMCA guidelines. • Give appropriate and positive feedback to children and parents who attend swim lessons. Caregiver February 2018 – Sept 2022 Elder Care La Quinta, CA • Attend to and provide care (general or specific) to elders who need assistances in their daily activities. • Responsibly handle prescribed medication. • Have empathetic skills and patience to work with those who have illnesses. • Provide companionship and positivity. CERTIFICATIONS: • American Red Cross Blood Pathogens Training • American Red Cross CPR/First Aid/AED For Professional Rescuers with AEO, Asthma, Epi • Therapeutic Nutrition • Preparing for a Disaster • LGBT Training • Guidelines for Interviewing Legally Appendix | 12 Item 1G-365 EDUCATION: Completed Coursework June 2020 University of Cal State San Bernardino Palm Desert, CA Associate’s Degree in Psychology Graduation Date: June 2016 College of the Desert Palm Desert, CA High School Diploma Graduation Date: May 2012 La Quinta High School Appendix | 13 Item 1G-366 Taylor Pellum 269 Tava Ln • Palm Desert, CA • taylorpellum12@gmail.com • 760-610-9564 PROFESSIONAL SUMMARY: Motivated with effective organizational, prioritization, and communication abilities. Establishes a strong relationship with employees and members of the community. Areas of expertise include customer service, inventory control, scheduling staff, and maintaining cash handling policies and procedures. EXPERIENCE: Front Desk & Concessions Manager June 2022 – Present Family YMCA of the Desert Palm Desert, CA • Hire, train, supervise, motivate, and schedule staff. • Uses excellent customer service skills, establishes, and maintains effective working relationships and feedback communications with other employees, officials, and all members of the public. • Assures concessions will follow state and local regulations. Ensures that Riverside County Environmental Health standards are met, and safety procedures are followed. • Purchase and inventory concessions items, sales merchandise, rental equipment, and office supplies as needed. • Leadership – Maintain a positive, upbeat role, promote, and exemplify company values and represents departmental objectives and interests to internal and external customers. • Customer Service – Follow up on complaints, questions, and concerns; respond to internal/external customer needs in a friendly, timely and efficient manner. Front Desk Lead August 2018 – June 2022 Family YMCA of the Desert Palm Desert, CA • Create topics for and dual lead Front Desk in-services with Aquatic Coordinator. • Work with the Aquatics Coordinator to keep all Front Desk information up to date and in stock. • Capable of assigning tasks to other Front Desk staff. • Leadership- Maintain a positive, upbeat role, promote, and exemplify company values and represents departmental objectives and interests to internal and external customers. Front Desk Associate May 2015 – August 2018 Family YMCA of the Desert Palm Desert, CA • Provide information to callers and patrons. • Greet visitors entering the facility. • General administrative and clerical support. • Receive program fees; enforce payment into facility. • Balance daily cash and credit card receipts at the end of each shift. • Daily use of POS system. CERTIFICATIONS: • American Red Cross CPR/First Aid/AED • American Red Cross Bloodborne Pathogens • International Food Safety Manager Appendix | 14 Item 1G-367 EDUCATION: High School Diploma Graduation Date: June 2014 Palm Desert High School Appendix | 15 Item 1G-368 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-154 Management and Operations of the Palm Desert Aquatic Center RESPONSE DEADLINE: January 20, 2023 at 2:00 pm Report Generated: Monday, January 23, 2023 Sports Facilities Management, LLC Proposal CONTACT INFORMATION Company: Sports Facilities Management, LLC Email: kacosta@sportsfacilities.com Contact: Kirsten Acosta Address: 600 Cleveland St Suite 910 Clearwater, FL 33755 Phone: N/A Website: N/A Submission Date: Jan 20, 2023 12:48 PM Item 1G-369 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jan 19, 2023 9:59 AM by Kirsten Acosta 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-370 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center 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. SF_Companies_Response_-_RFP_2022-RFP-154_Palm_Desert_Aquatics_Center.pdf 2. Fee Proposal* Please provide a lump-sum, not-to-exceed fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached herein). Palm_Desert_Cost_Proposal.pdf 3. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any ove rhead, Item 1G-371 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 4 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, organi zation, 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, p artnership, 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 4. Type of Business* Other 5. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in t he last five (5) years (or type "N/A"). Candace Meadows v. Sports Facilities Management LLC, Erie County Court of Common Pleas Ohio removed to United States District Court, Northern District Ohio, Western Division, Case 3:21-CV:01428. Plaintiff alleges that she was injured at the Cedar Point Sports Center, a facility in Sandusky, Ohio managed by our firm, when her “harness on the rock climbing wall failed.” Our firm is represented by insurance carrier-assigned local counsel in the matter and they are fully and vigorously defending the claim on our behalf. JACKSON CORR, an Infant, by his Guardian Ad Litem, Nicole Corr, and NICOLE CORR and MATTHEW CORR, Individually vs. SPORTS FACILITIES MANAGEMENT, LLC d/b/a IRON PEAK SPORTS AND EVENTS; JOHN DOES 1 -5 (name being fictitious and presently unknown), Superior Court of New Jersey, Somerset County, Action SOM-L-1181-21. Plaintiff alleges that he was injured while on the adventure course at Iron Peak Sports and Events, a facility managed by Sports Facilities Management in Hillsborough Township New Jersey. Our firm is represented by insurance carrier-assigned local counsel in the matter and they are fully and vigorously defending the claim on our behalf. Item 1G-372 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 5 Jacob Pierce Received a demand to preserve evidence and initiated a claim with our insurer regarding non-life threatening injuries sustained by Jacob Pearce, a minor, who fell from a climbing wall amenity at the Hoover Met Complex, a facility managed by Sports Faciliti es Management, LLC. Our firm initiated an insurance claim with our carrier and is represented by carrier-assigned local counsel in the matter and they are fully and vigorously defending the claim on our behalf. Sports Facilities Management, LLC, a Florida limited liability company, v. DOME-A-NATION, LLC, a New York limited liability company, Circuit Court of the Sixth Judicial Circuit, Pinellas County, Florida, Case No. 18 -005818-CI. Plaintiff sought collection of monies owed to it under a facility management agreement. Case was settled prior to trial. Daniel Salazar, et al. v. Premier College Combines, LLC, Rocky Top Sports World, RSTW SFM, LLC, and Sports Facili-ties Management, LLC, Circuit Court for Sevier County Tennessee, Civil Action 18 -CV-170-III. Plaintiff alleged he injured his leg colliding with a bench during a high school soccer combine organized and operated by Premier College Combines, LLC at Rocky Top Sports World, a faci lity managed by RTSW SFM, LLC. Case was settled and dismissed prior to trial. 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. N/A 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, b ut not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). Item 4.2 - Fee Proposal Item 1G-373 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 6 The fee provided in the "Cost Proposal" reflects the day-to-day management of the facility and includes daily operations, event setup, risk management procedures and training, general pool maintenance, events booking, local programming, marketing, financial reporting, and an estimated staffing allowance. This fee does not include labor, materials, tools, equipment, services, and incidental and customary work per item 3.1.1 of the City of Palm Desert Professional Services Agreement. SFC will work with the City of Palm Desert to establish a working budget that reflects strategies and opportunities to meet the City's goals for service and financial performance, i.e. net operating income inclusive of SFC's management fees as outlined in the proposal. As an immediate action item, SFC will perform an operational audit to identify opportunities to improve revenue generation and cost containment strategies. Cost containment strategies will focus on all aspects of operating the aquatic center with a particular focus on reviewing the operating schedule and required lifeguard staffing model to ensure that we are maximizing the safety of guests while controlling the expenses associated with lifeguards. 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. Palm_Desert_Aquatic_SFM_RFP_Resumes_Only.pdf 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 Jason Clement President/Manager/CEO Item 1G-374 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-154 Management and Operations of the Palm Desert Aquatic Center PROPOSAL DOCUMENT REPORT Request For Proposal - Management and Operations of the Palm Desert Aquatic Center Page 7 600 Cleveland St, Suite 910 Clearwater, FL 33755 jclement@sportsfacilities.com (727) 474-3845 10. 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 Item 1G-375 SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC CITY OF PALM DESERT, CA Management & Operations of the Palm Desert Aquatic Center JANUARY 20, 2023 Item 1G-376 MANAGEMENT AND OPERATIONS OF THE PALM DESERT AQUATIC CENTER Item 1G-377 1 SPORTS FACILITIES COMPANIES Table of Contents 2 |A. COVER LETTER 7 |B. EXPERIENCE AND TECHNICAL COMPETENCE • Firm Overview • SFC Scorecard • SFC Project Profiles • References 27 |C. FIRM STAFFING AND KEY PERSONNEL • Staff Qualifications • Subcontractors 33 |D. PROPOSED METHOD TO ACCOMPLISH WORK • Human Resources & Accounting • Legal & Risk • Aquatics Leadership, Management, and Maintenance • Marketing & Programming • Transition Timeline 51 |OTHER SUPPORTING MATERIALS • CHAMP Guide for the City of Palm Desert Item 1G-378 2 SPORTS FACILITIES COMPANIES The Sports Facilities Companies is thrilled by the opportunity to potentially partner with the City of Palm Desert and pleased to present this proposal for the Management and Operations of the Palm Desert Aquatic Center. We have studied the history of the pool and previous management methodology, and we have worked hard to lay out a plan to build on the current important services & activities already provided in the community by the Palm Desert Aquatic Center. We will work with existing staff and community leaders to not only onboard and transition successfully, but elevate the complex and user base while building new programming using the vast network and experience we have to produce the best in class programming we are known for in service to the Palm Desert Community. Our team is your team. We have put together the team with the most experience to serve guests with excellence, expand the community reach, and always maintain an environment of trust and safety. As a baseline, our team has great experience in what community’s consider “traditional pool management” consisting of maintenance, lifeguard staffing and risk management compliance. As you will see in our proposal, the success of this aquatic center will be the result of so much more than “traditional pool management”. Our plan is to: • Create a destination. Placemaking, branding and creating a center of activity for social events, competition, and recreation is our specialty. We will do this through a comprehensive marketing campaign and delivering on unique experiences as outlined in this document. • Deliver first class programs and guest experience. Swim team, swim lessons and open swim time are important, but we go beyond traditional experiences. We increase community engagement through thought-out campaigns and experiences. We will bring innovative ideas to transform the aquatic assets into specialty programs and family activities. • Improve financial performance and resources. Improving top line revenue by enhancing core service offerings and optimizing incremental revenue streams like food & beverage, sponsorship, child development and other activities. We manage cost-of-service based on industry benchmarks to maximize gross profit, and we contain fixed-expenses utilizing our buying power, vendor program and best-in- class maintenance experience. • Make collaboration our strategy. Community stakeholders, providers and complimentary sport and recreation providers are important keys to our playbook. Transparent, accurate financial reporting, and annual strategic planning with City leadership will be a cornerstone to our collective success. You set the vision, goals and objectives. Our job is to put the strategic plan in place and execute to achieve your desired outcomes. We will perform, but don’t just take my word for it. In September of 2022, we contracted a third party, unbiased market research team to survey our clients. The feedback resulted in a 95% Net Promoter Score (NPS) provided by our surveyed clients in addition to high marks in other categories. City of Palm Desert Beth Cepeda-Escobedo, Senior Management Analyst 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear City of Palm Desert Selection Committee: Item 1G-379 3 SPORTS FACILITIES COMPANIES With SFC, we will not be learning on the job. You can trust we will accomplish your goals as proven through numerous examples of delivering all over the country for many years. It is our sincere hope this document is the first step toward a strong partnership between the City of Palm Desert and The Sports Facilities Companies. Your goals are our goals. Unlike other lifeguard staffing companies or pool maintenance providers, our models remove conflicts of interest by allowing the City to maintain control and influence decisions to be made in the Aquatic Center’s best interests. We understand your desire to continue serving the existing guests while also growing the reach of the Aquatic Center. Culture matters and the team environment is crucial. “We win with people.” We are proud to have been named a 2022 Top Workplace nationally by USA Today and regionally by the Tampa Bay Times. That culture is what fosters and creates an environment that responds to customers, innovates, works as a team, and ultimately achieves results to make a difference. With SFC, you will have full accountability from our team, 100% transparency into the operation, and a team of experts who can drive the very best outcomes for the Aquatic Center. SEAMLESS TRANSITION. Our firm has transitioned into over 15 existing facility operations and optimized their services and financial results. When working with us, you will experience a proven transition process that plugs into our robust and proven marketing team, sponsorship sales team, risk management, human resources, finance, and operational teams. Adding what we do to what you already do is how we will achieve extraordinary results together – for the city, guests, existing staff and in a sustainable manner. PROVEN PARTNER. We know you are faced with a major decision. We hope that as you compare proposals, you will see through the fog of simple staffing companies, who haven’t actually taken on existing operations, transitioned existing staff in a community successfully, or do not have the business development and acumen to optimize the city’s assets. To empower your growth, we hope you value the stability, proven track record, existing network and infrastructure of proven systems and subject-matter-experts. We are purpose-built for third-party management engagements and are equipped to scale and serve on Day 1. VISION. We believe this complex has the ability to be effectively serve Palm Desert and the surrounding communities. The activities and programming can provide a foundation of healthy and active lifestyles, which impacts positive behavior, aptitude, scholastic achievement, earning potential and more. Our mission is to “Improve the health and economic vitality of the communities we serve.” Our approach will be to leverage all of our in- house team and partners to help maximize the success. For this reason we have partnered with Counsilman-Hunsaker. SFC and Counsilman- Hunsaker have worked together on the planning and operations of numerous aquatic centers over our 15+ year relationship. SFC will be the single point of accountability for the City and leverage successful relationships with our partners to serve the end users in the best possible way. Item 1G-380 4 SPORTS FACILITIES COMPANIES Jason Clement, CEO and Founder The Sports Facilities Companies 727-474-3845, jclement@sportsfacilities.com You can count on us to act consistent with our core values: 1. Accountability. We perform and do what we say we will do. We will operate in the City's best interest to accomplish your goals. 2. Excellence. We are purpose-built to partner with the City on this project. We will represent Palm Desert with professionalism bringing the best-in-class trends, safety policies and systems to the city. 3. Service. We are passionate about the impact these programs and complexes make. Every SFC team member has a story about how sport and recreation formed them. This is the “why” we choose to serve each family and guest well. No matter the facility - aquatic center, splash pads and water feature – we will serve each guest with first-class programming, memberships, lessons, swim meets, social events, family activities concessions, and more. 4. Collaboration. Together we will reach the potential. We are one team: Palm Desert staff, leadership, SFC corporate leadership, venue staff, lifeguards, vendors, community stakeholders, guests, and more. Culture is defined as “what is normal”. At SFC, normal is communicating directly, ideating, innovating, and delivering for our internal and external customers. Congratulations on your success thus far. We truly believe through this partnership, the best is yet to come. The remainder of the submittal is comprehensive and expands on why we believe SFC is uniquely positioned to help the City of Palm Desert achieve the desired outcomes of the Palm Desert Aquatic Center. We hope our response resonates and the detail included provides the selection committee with enthusiasm for meeting the SFC team. As you review our proposal, do not hesitate to contact us with any questions. In addition, please read what our clients have to say about us. We are passionate about the impact these operations make in communities, and we are eager to contribute to the quality of life and quantity of economic vitality in Palm Desert! Thank you for your consideration. We will serve you well! Sincerely, J.D. Wood, Regional VP, Strategic Development The Sports Facilities Companies 727-474-3845, jdwood@sportsfacilities.com Item 1G-381 5 SPORTS FACILITIES COMPANIES A. Experience and Technical COmpetence Item 1G-382 6 SPORTS FACILITIES COMPANIES The SF Companies Firm overview PLAN & FUND DEVELOP PERFORM SPORTS FACILITIES ADVISORY Founded in 2003, SFA has served more than 2,000 communities and assisted with more than $10 billion in planned projects. Our plan-to- fund approach means we can deliver much more than the industry’s leading research and financial forecast documents, we can deliver projects that are attractive to finance sources, capital partners, and municipal funding sources. SPORTS FACILITIES DEVELOPMENT The services provided by SFD were born out of customer demand for better alignment between facility design and operations. Our owner’s representation, procurement, and venue planning services not only achieve this goal by pairing proven operators with clients’ design teams, but save money in procurement, reduce risk, and streamline the process for everyone involved. SPORTS FACILITIES MANAGEMENT SFM is the youth and amateur sports industry leader in outsourced facility management. We are purpose built to serve the goals and visions of our clients and produce results. We are the ultimate partner for clients who want to maintain control of their assets without the headaches, expense, and risk of daily operations. Our proven performance has led us to represent the SFM Network, the largest and fastest growing network of sports and recreation facilities in the country. YEARS IN OPERATION: 20 years CORPORATE HEADQUARTERS: 600 Cleveland St. Suite 910 Clearwater, FL 33755 NUMBER OF EMPLOYEES: 1500+ CORPORATE STRUCTURE: Limited Liability company (LLC) COMMUNITIES SERVED: 2000+ SOUGHT-AFTER RESOURCE TO: • International City & County Manager's Association (ICMA) • National Recreation & Parks Association (NRPA • Sports ETA (Sports Tourism) • Aspen Institute Project Play 2024 SF NETWORK: 35 Full-Time Managed Venues https://thesfnetwork.com/ MANAGEMENT CORE SERVICES: • Facility Operations • Start-Up Operational Development • Operational Timelines • Strategic Planning • Revenue Generation Services • Existing Facility Optimization • Recreation Center Management • Project Finance Strategy Item 1G-383 7 SPORTS FACILITIES COMPANIES Below are several primary areas that demonstrate how our 20 years of experience makes SFC the best choice to operate the Palm Desert Aquatic Center. Our experience makes us good.Our commitment to service & performance makes us GREAT. THE sf network The SF Network is the largest and fastest-growing network of sports, recreation, and events facilities, vendors, partners, and event owners in the country. Over the last 20 years, we have intentionally cultivated industry relationships with events owners to book our properties, vendors to save our clients money, associations to cultivate innovation and share our experience with our peers, and talented individuals to attract the industry's best to our team. Year after year we continue to invest and expand. Our network is an unmatched asset for the City of Palm Desert and the Palm Desert Aquatic Center. Mature operations, processes, & leadership As experienced operators, we know what it takes to perform - our reputation depends on it. Each year we create more than $250 million in economic impact through youth sports and events tourism. Our operations timelines, processes, and leadership are driven by real-world experience. Every challenge, opportunity, stumble and victory lives in and informs our work. If engaged by the City of Palm Desert, we will not be learning on the job; we will be using the culmination of our experience in over 2,000 communities on 70+ development projects and 1,500+ team members serving more than 25 million guests visits each year. Experience-driven innovation Innovation is only possible through mastery. Organizations new to the business of operating multi-sport assets cannot innovate like we can because they are still learning. If variety is the 'spice' of life then it is also the 'secret sauce' to management innovation. We have successfully opened, developed or operated community aquatic parks, local recreation centers, family entertainment centers, and aerial adventure/ zip-lines in addition to our extensive sports tourism portfolio. Because we have amassed a deep understanding of the total sports destination and client service, we can build on that experience to create unparalleled results and build collaborative partnerships with other industry leaders. We are obsessed with performing for our clients and impacting communities. Our guiding principle of "better every time" drives us to constantly explore best practices, efficiencies, revenue generation, and how to increase results. The City of Palm Desert will experience the SFC team as solutions-focused, high-achieving, collaborative and creative. Item 1G-384 8 SPORTS FACILITIES COMPANIES SPORTS TOURISM � COMMUNITY RECREATION � INDOOR PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS Size:160,000 ft² Features: Competition Pool & Warm-Up Pool Elevated Track Indoor Climbing Area Indoor Turf Field Fitness Center/Group Training Rooms Cafe, Concessions, & Meeting Rooms FIRM ROLES & SERVICES Advisory:Feasibility Report Development:Venue Planning FF&E Procurement Management:Start-Up Operations Development Brand Development & Marketing Advisory Management Recently opened in summer 2021, this is the premier destination for sports, recreation, and events in the Mid-Atlantic region. Bridgeport has a charming downtown and team-friendly accommodations. The complex includes nearly 160,000 square feet of state-of-the art competition and entertainment space, fitness center, and competition pool. The Advisory Team conducted the initial Feasibility Report for the complex. During construction, the Development Team was hired for venue planning services and FF&E procurement. Due to their extensive work in the value engineering process, the Development Team was able to save nearly $1 million of the original $3.9 million FF&E budget. The Management Team was then hired for pre-opening services and an ongoing advisory management role. THE BRIDGE SPORTS COMPLEX BRIDGEPORT, WV Item 1G-385 9 SPORTS FACILITIES COMPANIES SPORTS TOURISM � COMMUNITY RECREATION � INDOOR PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS Size:100,000 ft2 Features: 25-yard, Six-lane lap pool 4 Basketball / 6 Volleyball Courts Family Aquatic Center Meeting & Event Space Fitness Center FIRM ROLES & SERVICES Advisory:Financial Forecasting Development:Venue Planning Economic Impact FF&E Procurement Management:Pre-Opening Management Full-Time Management When the SF Network team joined the City of Morristown on the development of Morristown Landing, the client had a very defined vision of what they wanted this facility to become. They envisioned the facility to provide residents with premier amenities to play, gather, and maintain a healthy lifestyle. To execute this vision, the City of Morristown hired the Development team for their venue planning and FF&E expertise. The team’s efforts helped to re-envision the facility in a way that not only aligned with the client’s vision and goals but also increased revenue and operational efficiency. The Management team currently provides pre-opening services and will assume full-time management of the facility when it opens in Fall 2022. MORRISTOWN LANDING RECREATION AND EVENTS MORRISTOWN, TN Item 1G-386 10 SPORTS FACILITIES COMPANIES SPORTS TOURISM � COMMUNITY RECREATION � OUTDOOR PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS Size:17 acres Features: 25-Yard Leisure Pool Water Slide & Splash Pad Cabanas On-Site Kitchen Zero entry areas Climbing Wall FIRM ROLES & SERVICES Management:Full-Time Management CH Role:Financial Forecasting Safety Training Earning the designation as a 2021 Top 3 Amusement Park in Oklahoma City by Three Best Rated®, Pelican Bay Aquatic Center offers all things fun-in-the-sun, including open swim, lessons, party rentals, and more. In 2015, and again in 2021, the City retained the team of SF Companies and Counsilman-Hunsaker to provide full-time management services for the first five years of operation. Through aggressive social media and email campaigning and facility rebranding, SFC increased pool attendance numbers and profitability year over year. Counsilman-Hunsaker was engaged to provide maintenance and safety training, staff operations, programming, and swim lesson oversight. PELICAN BAY AQUATIC CENTER EDMOND, OK Item 1G-387 11 SPORTS FACILITIES COMPANIES SPORTS TOURISM � COMMUNITY RECREATION � INDOOR/OUTDOOR PROJECT STATISTICS & PERFORMANCE HIGHLIGHTS Size:120 acres, 100,000 ft2 Features: 4 Basketball / 8 Volleyball Courts Membership-Based Wellness Center 4 Baseball & 5 Softball Fields 16-Court Tennis Center 5 Multi-Purpose Fields Indoor / Outdoor Pool & Aquatic Center FIRM ROLES & SERVICES Advisory:Financial Forecasting Development:Venue Planning Program Planning Management:Pre-Opening Management Full-Time Management Sand Mountain Park is an exceptional project in Albertville, Alabama, with 130 acres of sports, recreation, and entertainment areas. This facility offers a wide variety of both local use and sports tourism use for all guests to enjoy just over an hour north of Birmingham. SFC’s role in pre-opening development includes business development, event booking, brand development and marketing, strategic planning, hiring and organizational structure definition. SFC was also contracted for FF&E and Venue Planning services including, fixture and equipment procurement and design consultation. SFC is engaged as the outsourced management solution for the entire 120 acre complex inclusive of sports tourism and local park and recreation programming. SAND MOUNTAIN PARK & AMPHITHEATER ALBERTVILLE, AL Item 1G-388 12 SPORTS FACILITIES COMPANIES City of Albertville, AL Mr. Tracy Honea Mayor p. 256.891.8208 e. mayorhonea@cityofalbertville.com City of Morristown, TN Mr. Tony Cox City Administratorr p. 423.581.0100 e. tcox@mymorristown.com City of Edmond, OK Mr. Craig Dishman Former Director of Parks and Recreation p. 972.948.9182 e. craigdishman34@gmail.com REFERENCES Item 1G-389 13 SPORTS FACILITIES COMPANIES C. Firm Staffing and Key Personnel Item 1G-390 14 SPORTS FACILITIES COMPANIES The sfC team Organized to create results Jason Clement, CEO & Founder, SF Companies Legal Compliance and Risk Management Bruce Rector, Legal Counsel Human Resources & Team Development Tamara Swanson, Director of Human Resources Marketing Strategy & Brand Development Ashley Whittaker, Vice President, Business Dev. & Marketing Subject Matter Experts, Aquatics Miklos Valdez, Counsilman-Hunsaker Daily Operations On-Site General Manager, TBD Account Leadership Lori Moore, Account Executive Finance & Accounting Bob Stout, Chief Financial Officer TBD SFC will conduct a national search inclusive of existing staff and personnel within the SFC ecosystem in effort to find the top candidate. The City will have ultimate veto and approval authority for this role. Item 1G-391 Account Leadership Lori Moore, Account Executive Finance & Accounting Bob Stout, Chief Financial Officer Under Jason’s leadership, the SF Companies have opened more successful sports and recreation venues than any organization in the country. As an experienced advisor he has provided planning, strategy, finance, and operational leadership to projects throughout the world. CEO & FOUNDER JASONClement SPECIALTIES : SFC leadership and oversight, long-term strategic direction, partnership management YEARS IN INDUSTRY: 21 The Sports Facilities’ firms have become globally recognized leaders focusing on transforming the health and economic vitality of communities around the world. As the Chief Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards that define SFC in the public sector and private sector markets we serve. Under Jason’s leadership, SF Companies recently launched new products to serve communities focused on economic development and the youth and amateur sports industry. The initiatives include an event company, new technology platforms, food & beverage and gaming options. The firm is also focused on merchandising, purchasing, and leveraging social capital to improve access to sport. Formally trained and licensed as an architect, Jason began his career in sports architecture before transitioning into commercial development and corporate real estate management. The experience was the spark to bring similar professional management services to the youth & amateur sports industry. Jason is a passionate and faith driven contributor to causes that positively impact families and communities. He has founded, supported, and lead the growth as board chair to multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian High School, Florida Small Business Development Center, and others. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS ICMA - Strategic Partner & Speaker NRPA - Speaker SportsETA - Featured Speaker & Content Contributor Board Chair - Habitat for Humanity, Man Up & Go Tampa Bay Business Journal “Hall of Fame” NOTABLE PROJECTS Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL Item 1G-392 An award-winning leader in the sport tourism industry, Lori has helped communities experience positive economic impacts year over year. Through her extensive experience, the sports facilities that she’s led have not only become must-play destinations, but they’ve also become the standard for outstanding service. ACCOUNT EXECUTIVE LORIMoore SPECIALTIES : operations leadership, primary point of contact between SFC and facility/City YEARS IN INDUSTRY: 20 Lori’s leadership and her ability to build relationships and develop teams of leaders is at the heart of the success she’s experienced in her role as Account Executive. In this position, Lori serves multiple venues in their initiatives to drive economic impact and develop programming to sustain community growth and boost visitation. In both management and advisory capacities, she leads teams focused on sustained growth and operational efficiency. Lori’s primary goal is to improve financial performance and support client initiatives while developing leadership skills and opportunities for Sports Facilities Companies team members. Through her venue management, she has exceeded economic impact projections by 50 percent for five consecutive years. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Re-Opening Venues in Covid Webinars Part l & ll, Sports ETA Leadership Initiative with Pat Summit Leadership Group at AAU National Event “Top 9 Women in Sports Tourism” - Connect Sports Magazine “Most Outstanding Leader” - Sports Facilities Companies NOTABLE PROJECTS Elizabethtown Sports Park - Elizabethtown, KY Ballparks of America - Branson, MO Rocky Top Sports World - Gatlinburg, TN Publix Sports Park - Panama City Beach, FL Pelican Bay Aquatic Center - Edmond, OK Item 1G-393 Marina has over thirteen years of experience in aquatics and programming, including experience with the YMCA and the Oklahoma City Parks and Recreation Department. Marina brings her enduring passion for aquatics and enhancing the local community to her role as the General Manager at Pelican Bay Aquatic Center in Edmond, OK. AQUATICS SPECIALIST MARINAWells SPECIALTIES : staff development & training, programming, aquatic operations YEARS IN INDUSTRY: 13 In this position, Marina leads all components of daily operations for the seasonal water park. She ensures that best practices are implemented in the areas of safety, customer service, business development, staff development, risk mitigation, programming, and marketing and branding. Additionally, Marina attended Texas Tech University and is a certified aquatics facility operator and lifeguard instructor for the American Red Cross. Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides, diving boards, a current channel, a climbing wall and a slide splash pool. Programming at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as numerous special events throughout the season. The Center also has bathhouses and a concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and events. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Certified Pool Operator (CPO) Aquatic Facilities Operator (AFO) Lifeguard Instructor (LGI) Lifeguard Management NOTABLE PROJECTS Pelican Bay Aquatic Center - Edmond, OK *City of Oklahoma City Parks & Recreation Department *YMCA Item 1G-394 A driven collaborator and team leader, Ashley sits at the intersection of brand strategy, marketing, and sales. With award-winning creative work and proven strategies, Ashley brings with her a track record of success to every project and campaign. Clients get the benefit of SFC’s in-house marketing and branding “agency” led by Ashley. PARTNER & VP, MARKETING ASHLEYWHITTAKER SPECIALTIES : marketing strategy, brand development, business development YEARS IN INDUSTRY: 13 EDUCATION BA Industrial Design University of Illinois Ashley leads corporate business development and marketing for the Sports Facilities Companies as well as the SFC Facility Marketing Department which is responsible for the marketing, branding, and project management of SFM Network facilities. Under her leader- ship, inbound leads and inquiries have more than tripled, SFC’s firms have been featured in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is regularly sought out for interviews and speaking engagements. As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands, results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019, Ashley created and launched the SF Network platform which drives online booking, brand awareness, and creates cooperative marketing activations for all the facilities in the SFC portfolio. Ashley comes from a background in product design with Gill Athletics, the largest and oldest manufacturer of track and field equipment in North America and Porter Athletic, the basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and marketing strategy lends itself well to serving SF Network and SFC clients. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS SFC “MVP” Award Winner #StrongerTogether SportEvents Sales & Marketing Committee Guest Lecturer, University of Northern Iowa Gold & Silver ADDY Awards for Design Conference Speaker: ICMA, MRPA, US Indoor NOTABLE PROJECTS Hoover Metropolitan Complex, Hoover, AL Iron Peak Sports & Events, Hillsborough, NJ Cedar Point Sports Center, Sandusky, OH The Hub Recreation Center, Marion, IL Rocky Mount Events Center, Rocky Mount, NC Horizons Edge Sports Campus, Harrisonburg, VA Item 1G-395 An energetic and results-driven financial leader, Bob has guided teams that perform finance functions for some of the world’s largest companies. Bob takes his experience developing and implementing financial processes at the highest level and his experience in a diverse set of industries to his role as Chief Financial Officer for SFC. PARTNER & CFO BOBSTOUT SPECIALTIES : financial forecasting, budget creation, risk management YEARS IN INDUSTRY: 20 Bob has extensive experience developing and implementing financial processes, systems, and controls for some of the world’s largest companies, including Walmart, Inc. He has a proven record of achievement in E-commerce, real estate development, and retail. Through his work, Bob has managed planning, forecasting, and reporting (external and internal) for multiple segment levels and corporate support areas, and has driven productivity and improved bottom-line results. Bob has in-depth experience leading acquisition due diligence and negotiations, including lease and contract reviews, best practice analysis, risk assessments, and valuations. Prior to joining the SF Companies, Bob served in a number of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010. From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the city of Little Flock, AR. This role provided Bob with experience in municipal budgeting, governmental fund accounting, state audits, and FEMA disaster application development and administration. Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF Network venue finance teams. Bob also oversees risk management and major corporate growth initiatives. RELEVANT PROJECTS Horizons Edge Sports Campus - Harrisonburg, VA Sand Mountain Park & Amphitheater - Albertville, AL Bridgeport Recreation Complex - Bridgeport, WV The Highlands Sports Complex - Wheeling, WV Rocky Top Sports World - Gatlinburg, TN Item 1G-396 Tami is a dedicated human resources leader with a proven track record of building systems for attracting and retaining top talent and supporting the development of proactive work cultures for companies of various sizes and industries. Tami takes her experience building high-performing work forces to her role as VP of Human Resources for SFC. VP, HUMAN RESOURCES TAMISwanson SPECIALTIES : talent acquisition, employee performance oversight, professional development YEARS IN INDUSTRY: 21 In this position, Tami leads all of aspects of human resources from hire to retire, talent acquisition, payroll, benefits, and training and development. Her expertise in team devel- opment creates a talent pipeline for SF Network venues. Additionally, Tami is committed to creating an environment that is warm and welcoming to all team members through approachability, kindness, and respect. Tami began her career in retail operations where she held several leadership roles. Her passion for helping team members reach their professional goals led to her transition into human resources. Since then, she’s made a large impact on the organizations she’s worked with by increasing the levels of employee engagement and continuous process improve- ment. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Senior Professional in Human Resources Certification (SPHR) Society of Human Resource Management – Certified Professional (SHRM-CP) NOTABLE PROJECTS Cedar Point Sports Center - Sandusky, OH Publix Sports Park - Panama City Beach, FL Community First Champion Center - Grand Chute, WI Elizabethtown Sports Park - Elizabethtown, KY Iron Peak Sports & Events - Hillsborough, NJ Ballparks of America - Branson, MO Item 1G-397 Bruce has 26 years of law practice experience and has taught and lectured on Sports Law topics during most of that time. He has worked in professional sports for the Indianapolis Colts, collegiate athletics at the University of Kentucky and as a volunteer leader for numerous local, state and national youth sports organizations and events. GENERAL COUNSEL BRUCERector SPECIALTIES : risk management & insurance guidance, legal counsel YEARS IN INDUSTRY: 26 EDUCATION University of Kentucky He also served as the 58th president of Junior Chamber International (JCI), a 200,000-member organization of young leaders and entrepreneurs from over 100 countries. Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky where he led a team of professionals in organizing, hosting, and managing large sports and recreation programs including regional and national championship tournaments. In his final year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments and events. An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He currently serves on the board of trustees at the University of the Cumberlands and is also active in a number of non-profit organizations in the Tampa Bay area. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS University of the Cumberlands Board of Trustees Leadership Pinellas Clearwater Regional Chamber of Commerce NOTABLE PROJECTS Rocky Top Sports World - Gatlinburg, TN Myrtle Beach Sports Center - Myrtle Beach, SC Elizabethtown Sports Park - Elizabethtown, KY Publix Sports Park - Panama City Beach, FL Rocky Mount Event Center - Rocky Mount, NC Bo Jackson’s Elite Sports - Hilliard, OH Pelican Bay Aquatic Center - Edmond, OK Ballparks of America - Branson, MO Item 1G-398 22 SPORTS FACILITIES COMPANIES aquatics thought leader For more than 45 years, Counsilman-Hunsaker has provided design and operational consulting for thousands of national and international aquatic projects of every size and complexity. Counsilman-Hunsaker is made up of an integrated team of professionals and operational specialists with unrivaled aquatic industry experience. The Palm Desert Aquatic Center's dedicated Account Executive will not only help you prepare for a successful season, but will serve as your guide in achieving long-term operational success. Counsilman-Hunsaker offers a full circle of aquatic services from existing facility evaluation to comprehensive concept development; from project visioning through design, engineering and construction administration to business management and aquatic operations. These services are completely customized and configured in a variety of ways to precisely fit the needs, desires and objectives of the City of Palm Desert. Our portfolio includes newly designed and renovated pool projects for many market sectors: Parks & Recreation, Education, Hospitality and Wellness. OUR PARTNERSHIP WITH COUNSILMAN-HUNSAKER ENSURES WE'RE ON THE LEADING EDGE OF AQUATICS Item 1G-399 23 SPORTS FACILITIES COMPANIES Miklos Valdez Studio Director PROFESSIONAL BACKGROUND Miklos Valdez specializes in making aquatic facilities safer and more sustainable. Miklos has over 20 years of experience in recreation and aquatics as a pool and waterpark manager. His experience and knowledge include indoor and outdoor facilities, competition pools, swim meet management, customer service and fitness facilities. Miklos’ expertise allows him to successfully conduct aquatic business planning, feasibility studies, and operational training and development for new facilities and renovations. Miklos also provides clients with pre-opening management services including lifeguard training, customer service training, operating manuals and sustainable programming. NOTABLE PROJECTS Albert Lea, MN (CHAMP) - Albert Lea - MN Artesia Aquatic Center (Study and Pre-Opening Services) - NM Boys and Girls Clubs of Chicago (CHAMP) - IL Bridgeport Aquatic Center (Business Plan Review) - WV Colorado State University - Student Recreation Center Pool (Audit and Study) - Pueblo - CO Desert Wave Aquatic Center (Study) - Lubbock - TX DeSoto Recreation Center (Study) - TX El Centro Aquatic Center (CHAMP) - CA Fife Aquatic Center (Study) - WA Frisco Lakes Community Association (Operations) - TX Georgia Institute of Technology (CHAMP) - Atlanta - GA Jal Public Schools Aquatic Center (Business Plan) - NM John Day Aquatic Center (Study) - OR Kootenai Wellness Aquatic Center (Study) - Libby - MT Las Cruces Regional Aquatic Center (Study) - NM Linda Wiginton Aquatic Center (Study) - Altus - OK Lions Pool (Audit) - Yakima - WA Maui (County-Wide Aquatics Master Plan Study and Audit) - HI Mitchell Aquatic Center (Study and Pre-Opening Services) - SD River Rapids Waterpark - Ste. Genevieve - MO Sweetwater Union High School District - Mar Vista High School Pool (Study) - CA Wilderness Ridge Country Club (Study) - Lincoln - NE CONFERENCE SPEAKING Staying Safe in 2021- A Review of Lifeguard and Facility Assessments – World Waterpark Association 2020, Texas Public Pool Council Indoor Air Quality - It Takes a Village - Texas Public Pool Council, 2019 Taking your Aquatic Operations from Good to Great: The ABC’s of an Exceptional Program - Association of Aquatic Professional, 2019 PUBLICATIONS “Countdown to Opening Day” Park.” Park and Rec Business. 24:29 EDUCATION Baylor University – 2006 Bachelor of Arts YEARS OF EXPERIENCE With Counsilman-Hunsaker 2016 - Present RELEVANT PAST EXPERIENCE 2014-2016: Aquatics Manager City of Farmers Branch, TX Parks and Recreation Dept. 2006-2014: Center Supervisor Aquatics Supervisor City of Allen, TX Parks and Recreation Dept. CERTIFICATIONS Certified Pool Operator Instructor - PHTA Certified Pool Operator – PHTA Lifeguard Instructor Trainer – American Red Cross Item 1G-400 24 SPORTS FACILITIES COMPANIES Dallas Denver Los Angeles St. Louis www.chh2o.com Kevin Post Principal PROFESSIONAL BACKGROUND Kevin Post oversees the feasibility studies and aquatic operations services. Kevin’s objective is helping clients prepare for the development and capital investment of a new or existing aquatic facility serving a variety of user groups, program requirements, and owner types including municipalities, universities, YMCAs, and school districts. Having completed over 75 feasibility studies, Kevin understands what it takes to successfully conduct master planning and business planning services. Kevin also assists new pool operators and owners with pre-opening management services, including staff training, facility specific business plans, and standard operating procedures. Kevin also provides clients with ongoing full-time management services to assist with sustainable operating practices for the life of the facility. Having been involved in aquatics for more than 15 years, he has multiple certifications and is a CPO Instructor certifying pool operators and providing individuals with the basic knowledge, techniques, and skills of pool and spa operations. Being a trusted source of aquatic facility knowledge has earned him a designation as an Aquatics International Power 25 award recipient. NOTABLE PROJECTS EDUCATION Concordia University - 2015 Masters of Business Administration University of North Texas - 2004 Bachelor of Science Major: Computer Science Minors: Math, Technical Writing YEARS OF EXPERIENCE With Counsilman-Hunsaker 2007 - Present PAST RELEVANT EXPERIENCE 2006 - 2007: Recreation Coordinator, Aquatic Facilities City of Plano, TX 2003 - 2006: Assistant Director of Recreation, Aquatics University of North Texas, Denton 2000 - 2003: Pool Manager City of Plano, TX Parks and Recreation Department CERTIFICATIONS/AFFILIATIONS Revenue Management School - NRPA Certified Pool/Spa Operator - PHTA Association of Aquatic Professionals CMAHC Standing Committee- Annex Revision and Update “Things to Consider in Developing Public and Private Waterparks.” World Waterpark Development and E Expansion Guide. 2019-2020 14:18 “Planning for a Successful Operation, Parts 1&2,” Aquatics International. April 12:13, May 10:11 Amarillo Aquatic Center (Study) - TX Bridgeport Aquatic Center (Study) - WV Calgary Outdoor Pool (Master Plan) - Alberta, Canada City of Plano Swimmers (Study) - Plano - TX Dallas Aquatic Centers (Master Plan) - Dallas - TX Fort Lauderdale Aquatic Complex (Operational Proforma) - FL Fort Mojave Indian Reservation Waterpark (Study) - Needles - CA Great Waves Waterpark Expansion (Study) - Alexandria - VA James City County Pool (Study) - Williamsburg - VA Kosciusko Pool and Recreation Center (Study) - Brooklyn - NY La Joya Independent School District Aquatic Center (Operational Analysis) - La Joya - TX Lakeside Aquatic Club (Study) - Lewisville - TX Maui (City-Wide Aquatics Master Plan Study and Audit) - HI McMaster University Natatorium (Audit and Economic Impact Analysis) - Hamilton - Ontario Memorial Park Outdoor Pool (Study) - Chambersburg - PA Pinehurst Country Club (Audit and Study) - Denver - CO Prince George Indoor Aquatic Center (Study) - British Columbia Regis Jesuit High School Pool (Study) - Aurora - CO South Suburban Parks and Recreation District (Audit and Study) - CO Splashdown and Waterworks Waterparks (Study) - Prince William County - VA Sports Stable Aquatic Sport Training Facility Pool (Study) - Superior - CO St. Francis Catholic High School (Study) - Sacramento - CA Universal City Recreation Center (Study) - Universal City - TX University of Memphis Student Recreation and Fitness Center (Study) - Memphis - TN Sustaining Your Aquatic Facility in Today's Market - Association of Aquatic Professionals, 2019 Digital Documentation: Taking Forms Out of The Chemical Room and Into the Cloud - California Park and Recreation Conference, 2019 and National Recreation and Park Association, 2018 Risk Management: Science vs Science Fiction - National Recreation and Park Association, 2018 and World Aquatic Health Conference, 2017 CONFERENCE SPEAKING PUBLICATIONS Item 1G-401 25 SPORTS FACILITIES COMPANIES D. Proposed Method to Accomplish the Work Item 1G-402 26 SPORTS FACILITIES COMPANIES SFC is comprised of a dedicated corporate team of over 60+ employees to support Palm Desert staff with subject-matter expertise, real-time operational assistance, and database of proven strategies from our existing facilities within the SF Network. One Team, One Network People are the lifeblood of any organization, but it is never truer than in a recreation and aquatics facility. Our People & Culture team is dedicated to ensuring all 1500+ SFC team in the SF Network have the support, development, and leadership they need to be successful. We also manage the tactical and operational elements of traditional HR duties. For Palm Desert, our People & Culture team will provide: • Recruiting/Talent Acquisition Services for the Aquatics Director and Seasonal Lifeguards• Document Resources including Employee Handbooks• Benefits Management• SFC Cultural Onboarding• Ongoing Leadership Training & SFC Summits• Staff Change Management• Succession Planning Staff Training & Development SFC full-time facility staff have custom onboarding plans and leader- ship training at our corporate headquarters in Clearwater, FL. At HQ, they have access to our specialty support departments within their first month with SFC. For the Aquatics Director, SFC also hosts on- site leadership training at our Spring GM Summit and the SFC Lead- ership Summit each fall. These events offer time for best practice sharing among all senior leadership in the SF Network as well as new policy roll-out, process/change review, best practices, inspirational speakers, and more tactical development sessions (e.g. booking best practices). SFC also utilizes training programs for our applicant tracking system and hiring, performance management, benefits, payroll, and more. Finance ANNUAL BUSINESS PLAN Each year SFC will facilitate an in-depth strategy session with the City and facility staff to refine and expand the definitions of success and desired outcomes. This is especially important over the first few years as future phases are developed. This discussion can also include how other parks and recreation assets in the City can fit into the overall short-term and long-term operational strategy. ANNUAL OPERATING BUDGET Using the annual business plan as the foundation, SFC will work with the City to create a detailed annual operating budget. SFC’s proven budgeting process based on expected revenue provides the framework for the most successful and profitable operating model possible. The budget may be adjusted over time in coordination with the City as partnerships are developed and opportunities are discovered based on current market and community conditions, while still referencing the original pro forma. The City will have full authority over the operating budget and it will not be finalized until it receives full City sign-off and support. MONTHLY VARIANCE REPORTING With SFC your facility will undergo a rigorous monthly “Budget Versus Actual” (variance) review. Led by your Account Executive and General Manager, SFC will perform a monthly top-to-bottom review of the operation including a line item review of “Budget vs. Actual” results. The process includes a review of the prior month performance, a forward-looking discussion of critical action items, marketing initiatives, and a pace-to-goal session. This “variance” process drives performance and accountability while providing the facility team with the expertise and resources of SFC advisors human resources & accounting Item 1G-403 27 SPORTS FACILITIES COMPANIES RISK MANAGEMENT & safety Insurance Policies: SFC carries comprehensive insurance policies at all of our venues that meet or exceed the standard insurance requirements. Depending on the facility and management structure, these coverages may include: accident, general liability, workers’ compensation, auto, and property insurance. Due to SFC's extensive list of unique facilities and features, we are also capable of sourcing innovative insurance solutions for aquatics venues. Waivers & Agreements SFC’s risk management program includes waivers and agreements for facility participants, subcontractors, and event owners to mitigate or transfer the financial responsibility if an incident should occur. Examples of these waivers are: participant waiver and release of liability, medical consent form, image release, facility use agreements, sub-contractor and vendor agreements. Facility Policy & Procedures: SFC facility staff is routinely trained on SFC’s risk management policies and procedures and the appropriate resources to use when if an incident does occur. This includes: • Daily Facility Walk-Throughs • Equipment Inspections • Kitchen Safety • First Aid 01 02 03 Our aquatics risk management program is broken down into 3 important elements: • Accident Reports • Fire and Severe Weather Policies • Fall Prevention SPORTS FACILITIES COMPANIES RISK MANAGEMENT EXPERIENCE SFC's in-house facility legal, risk management and insurance program team has 30 years of experience in teaching and lecturing at universities on sports risk management topics and working with clients to minimize risks, manage claims and control costs. We understand the increased licensing, regulation and monitoring needed for higher risk activities such as aquatics have years of experience with compliance and staying ahead of safety and risk management trends. Item 1G-404 28 SPORTS FACILITIES COMPANIES The SFC team is uniquely suited to serve our community aquatics team. Our background, experience, and culture allow us to find solutions and generate results where others may not. At SFC we recognize that the management of the Palm Desert Aquatic Center is a large investment of time and resources of the City. We don't take the responsibility to operate and optimize this tremendous community asset lightly. SFC have a purpose built solution to help achieve your desired outcomes for the aquatic center. SFC attracts talent that would not otherwise work in the venues we oversee. This is the result of our mission, national reach, reputation, culture, network of relationships and the unique development and career opportunities we offer. We recruit from the recreation, sports and aquatic, and hospitality and events markets and will place the most qualified Aquatics Director. Our dedication to collaboration ensures our team, the City of Palm Desert, and the Palm Desert Aquatic Center visitors all benefit from this collective expertise. The local SFC account leadership is supported by departments of subject-matter experts to provide Palm Desert with the resources needed for success. The SFC - Palm Desert Aquatic Center Director will: SFC Aquatics director & Account leadership • Be responsible for all seasonal employee interviews, hiring, orientations as well as terminations, worker’s compensation claims, and unemployment claims. • Coach and counsel team members on park procedures and protocol to ensure the best possible customer service for guests. • Assist and advise park ownership/management in the creation and implementation of operating policies and standards that affect all departments. • Develop and sustain a safe, efficient, professional, respectful and courteous culture within the park. • Oversee the implementation and execution of department training programs to achieve and exceed compliance with industry standards. • Directly supervise facility employees including: scheduling, training, and performance goals. • Conduct investigations to respond to reports of harassment, complaints, and violations of company policy/legal regulations. • Responsible for departmental forecasting, budgeting, purchasing, invoicing and inventory processing. • Oversee and run all forms of social media and marketing with the assistance of the SFC Marketing Team. • Plan, organize, and control all extra-curricular activities for the park, to include employee events, fundraisers and employee incentive programs. Item 1G-405 29 SPORTS FACILITIES COMPANIES MORE INFORMATION ABOUT THE AQUATICS MANAGEMENT PROGRAM CAN BE FOUND IN THE CHAMP™ GUIDE FOR THE CITY OF PALM DESERT IN SUPPLEMENTAL MATERIALS. The Counsilman-Hunsaker team is committed to sharing its combined wisdom, experience, capabilities, leadership and passion for aquatic experiences to the safety and service of aquatic facilities of all types. We know creativity doesn’t have to be sacrificed for safety. We know safety need not be compromised for excellent service. We believe an aquatic facility is a living entity, and every decision plays a role in its life and the lives of those who enjoy it. With our full circle of services, Counsilman-Hunsaker provides The City of Palm Desert with a one-stop shop for audits, studies, design, operations consulting, and digital technology. Counsilman-Hunsaker Aquatics Management ProgramTM Counsilman-Hunsaker developed the Aquatic Management Program™ (CHAMP) by coupling our innovative consulting, design, operations, and programming expertise in the aquatic industry with the protocols and methodologies of the American Red Cross Aquatic Examiner Service (AES) and Lifeguarding program. Counsilman- Hunsaker’s 52+ years of experience makes the ideal partner for auditing services. The Aquatic Management Program™ is designed to: • Develop SMART goals to improve operations, training and performance • Increase lifeguard accountability, attention to safety, professionalism, and pride • Reinforce and strengthen each lifeguard’s emergency response skills and teamsmanship • Maintain high lifeguarding operational standards The CHAMP™ approach will begin with an in-depth facility tour, the Annual Lifeguard Operations Assessment (ALOA), to understand your risk management, safety, and lifeguarding operations. Facilities receive a comprehensive, objective evaluation based on American Red Cross Lifeguarding program standards—100 years of science- driven, evidence-based course content and educational design — and the Model Aquatic Health Code. Included are empirical recommendations and resources necessary to achieve and maintain the proposed improvements. As a follow-up, unannounced site visits will evaluate on-the-job lifeguard performance, including surveillance and rescue skills. Team skills scenarios test the ability of the staff to perform, and give the opportunity to learn and improve with immediate remediation, if needed. Additionally as part of each site visit, a “Quick Check” of the park facility is conducted to ensure compliance with established standards and operational procedures. CHAMP™ offers aquatic facilities a comprehensive, objective evaluation of safety and lifeguarding operations, with specific recommendations and resources for improvement that will make a direct impact. Benefits of CHAMP™: • Designed to be integrated into SRCT's existing aquatic facility management practices in order to assist in the development of practices and procedures that help achieve and maintain a professional lifeguard operation. • Provides guidance to SRCT through evaluating and helping to improve lifeguards’ performance and overall safety of each park. • Identify potential gaps in training or operational procedures at Skaneateles Community Center for quick and appropriate action or remediation. • Our state-of-the-art cloud-based application allows management to quickly and easily access reports across all facilities, including videos and images taken by the examiner. Aquatics Management Item 1G-406 30 SPORTS FACILITIES COMPANIES POOL Maintenance & Chemical Program Aquatic facilities require periodic maintenance, and without a sound approach to planning and managing maintenance, a facility may fall into disrepair at an alarming rate, requiring repairs far more costly than anticipated. Preventative maintenance is far more important and far less costly in protecting the various facility systems and components involved in operating an aquatic center. While we understand that the City of Palm Desert contracts with a third party to provide facility maintenance, SFC staff will be fully trained and aware of the daily maintenance needs to operate the aquatic center efficiently, report on issues, and provide work orders to the maintenance firm. PREVENTATIVE MAINTENANCE PLAN Counsilman-Hunsaker will provide a preventative maintenance plan for the Palm Desert Aquatic Center. Our engineering and operations specialists will evaluate the aquatic center’s equipment and systems to determine maintenance needs and provide a standard operating procedure on how each piece of equipment will be maintained. Counsilman-Hunsaker will also and identify any specialty equipment required to complete planned maintenance activities. MAINTENANCE BUDGET Utilizing decades of experience providing maintenance budgets and proformas for aquatic centers, Counsilman-Hunsaker will provide a maintenance budget based on pool size, features and maintenance needs of the Palm Desert Aquatic Center. Counsilman-Hunsker will also provide an outlay of predicted capital maintenance needs over the next 5 – 10 years to ensure the facility looks and operates like it did on opening day. MAINTENANCE STAFFING Counsilman-Hunsaker will train the on-site staff in the operations of the aquatic center systems and preventative maintenance tasks. Additionally, Counsilman-Hunsaker will train staff to inspect and document daily, weekly and monthly maintenance checks for each piece of equipment at the aquatic center to ensure each piece of equipment operates as designed and as long as possible. Counsilman-Hunsaker will work with the third-party maintenance firm to ensure all training is in line with expectations of reporting and work order preparation for repairs. CHEMICAL APPLICATION Counsilman-Hunsaker will work with SFC to determine the appropriate application of chemicals to the aquatic center. Each chemical delivery system has a different maintenance protocol, product availability and operational considerations for the aquatic center. Counsilman-Hunsaker’s team has experience in maintaining and operating all commercially available chemical delivery systems and will train maintenance staff to operate each system as designed. Counsilman-Hunsaker anticipates the following non-exhaustive list of chemicals to be utilized at the aquatic center: • Disinfection ◦Chlorine (in one or multiple of it’s delivery forms) • pH Control ◦Muriatic acid (reduces total alkalinity) ◦Carbon dioxide ◦Sodium Carbonate (Soda Ash) raises the pH • Sodium thiosulfate – chlorine neutralizer • Calcium Chloride raises the calcium hardness • Sodium Bicarbonate raises the total alkalinity • Potassium Monopersulfate is a non-chlorine oxidizer All maintenance staff will be trained as qualified pool operators and will be trained in the safe handling of hazardous chemicals. Free Chlorine, pH, temperature, and ORP readings will be completed regularly, multiple times a day. Combined Chlorine will be tested a minimum of twice a day and recorded on the water test report. A full water balance report will be done once a week and will provide the pool personnel with the necessary information to make chemical adjustments to keep the pool well maintained and safe for swimmers. Water chemistry controllers assist pool operators by monitoring the ORP (Oxidation Reduction Potential) and the pH in the respective pool. These controllers do not take the place of manually testing the water by staff. Maintenance worker will be responsible for comparing the manual test results with the readings on the controller and make the necessary adjustments. SDS (Safety Data Sheets) will be provided for each chemical used at the aquatic center. Item 1G-407 31 SPORTS FACILITIES COMPANIES SFC & CH have come together to provide the Palm Desert Aquatic Center with a programming package that not only maximizes participation within the community, but also the City's desired revenue goals. Swim Lessons Both group and private lessons will continue to be made available at the facility. The facility program brochure will list all class times and fees. All program fees currently in place will be reviewed, current scheduling assessed, and any changes will be reviewed, and ultimately approved, by the City of Palm Desert. As with all other programs, the least possible disruption to current service offerings is the goal of SFC during the transition period. Party Programming Private Parties Private parties are typically made available after the facility closes. Reservations, secured with payment, must be made at least one month in advance (subject to availability). There is a limit of one party per day per area. Lifeguards are provided with each reservation. Birthday Parties In addition to private party rentals, the aquatic center can offer Birthday Party packages for youth and adults. Dedicated time slots will be available to rent for birthday parties each week. Party fees will include the rental of the space and a charge for each person joining the party. Additional options for food and drinks are also available. Additional Programs • Water aerobics, Aqua fit classes • Scuba diving certification classes • Red Cross Lifeguard Certification • Arthritis, MS, or other Focused Wellness Classes • Yoga, Spin, or other Group Fitness Classes • Water games facility programmingCOMMUNICATIONS & MARKETING A PROVEN MARKETING APPROACH FOR THE CITY OF PALM DESERT SFC’s marketing approach is designed to identify, engage, convert, and delight prospective customers. It’s this approach that we weave into an annual marketing strategy and 30, 60, and 90 day action planning. The annual marketing plan will be developed collaboratively with SFC headquarter subject matter experts, Palm Desert Aquatics Director, and City representatives. Marketing Strategy & Annual Campaign Development Graphic Design Asset & Tool Development On-Site Delivery, Strate-gy Review & Marketing Training Marketing Campaigns Marketing is about reaching your target market with the right message and the right time. SFC's marketing team will utilize industry best practices to bring proven campaigns to Palm Desert Aquatic Center. Utilizing traditional seasonal schedule, we create awareness for programs, engage in online and grassroots environments, and convert users to customers. The messaging and creative design for these campaigns will be custom and will benefit from a strategic, results-driven marketing approach, demonstrating a proven ROI on marketing dollars. Supported By Award-Winning Creative SFC's marketing approach is supported by our award-winning in house creative team. From leading a collaborative brand development process to producing marketing collateral, our designers offer a wide ray of creative services. Our work is highly custom to support the City of Palm Desert including supporting your vision and goals for public perception, brand position, market awareness, and generating brand affinity. • Sales Support Collateral• Website Creative Direction & Project Management• Brand & Graphic Identity Development• Retail & Promotional Items• Marketing Materials: Flyers, Program Guides, Facility Guides• Video Creative Direction & Project Management food & beverage Throughout our experience, we recognize that concessions can be a major revenue source and we are confident that we can deliver successful Food & Beverage (F&B) through creative operations. SFC is at the cutting edge of food and beverage development in the recreation, sports, and events industry. Our team has been behind many of the most recent trends that are creating record levels of per cap spending and facility ROI through innovative and creative offerings and outlet structures. Concessions rank highly among the most influential reasons that visitors want to return to a facility. Incorrect pricing, poor quality and any number of issues can create an interaction that taints the overall experience. Through our experience, we have learned how to tailor options to fit the environment as well as the best means to deliver top quality service. Item 1G-408 32 SPORTS FACILITIES COMPANIES FIRST 30 DAYS 1. Immediate (48 Hrs) - Introductory Web Call a. Introductions b. Clients introduce facilities to SFC Team c. Transition expectations d. Schedule in market “kickoff meeting” - discussion & goals 2. In Market Operations Kickoff (Week 2/3) c. SFC inquiry – learn history and goals of each location d. Introduction to SFC Operations e. Key Performance Indicators (KPI’s) & financial history review f. Interview staff 3. Pre In-Market Kickoff Work - Ongoing 4. Programming Evaluation a. Membership b. Local programming - c. Tournaments / competitions d. Parties & entertainment e. Rentals f. Corporate partnerships 5. Revenue, Expenses, Margins Review a. All revenue streams (i.e., programming, sponsor, F&B, membership, etc.) b. COGS vs Expenses c. Margins & profit 6. Marketing Assessment a. Brand b. Website c. Digital d. Social 7. Partnerships & Relationships a. Corporate b. Municipal c. Community d. Vendor e. Industry 8. Facilities & FFE Review a. Facilities condition assessment b. Maintenance review (service history, contracts) c. FFE condition review MANAGEMENT TRANSITION TIMELINE 9. Business Disciplines Review - Standard Operating Procedures (SOPs) a. Operations b. Marketing c. Programming d. Finance e. Safety / Risk Mgt f. Legal g. Human Resources / Training h. Systems 10. Systemic Infrastructure Review 11. Financial Management – Accounting & Bookkeeping, Capital Plan, Banking, Etc. 12. Legal – Current Contracts, Entity Structure, Insurance (Property, Liability, Work Comp), Etc. Days 30 - 45 1. SFC will provide Client recommendations for all areas of business operations 2. SFC will present Client a full action plan for transition of operations Days 45+ 1. SFC will provide management and oversight of facility operation teams with support on a weekly and monthly basis at the Ownership level, GM/ Director level, and management-level staff. b. Lead weekly management calls for business development & operations with the Client c. Participate in “Monthly Executive Review” meetings (facilities performance review) d. Facilitation of an Annual Business Plan for SRCT utilizing input and current research from SFC regarding current trends in the market and industry e. SFC assist in creating a budget, business plan, and marketing action plans f. SFC will provide regular support where needed, including supplier recommendation, new software or any other services that may assist facility operations SFC understands that in any situation where management changes, there is a need for consistent communication, clear delineation of next steps, and a developed plan for both short-term and long-term facility needs. With extensive experience assuming management responsibilities, SFC has a proven track record of success ensuring there is no disruption in service to guests, a clear transition for employees, and an open line of communication at all times. Item 1G-409 33 SPORTS FACILITIES COMPANIES Other Supporting Material - CHAMP Guide for the City of Palm Desert Item 1G-410 Counsilman-Hunsaker Proposal forCity of Palm Desert Item 1G-411 AT COUNSILMAN-HUNSAKER, OUR MISSION IS AQUATICS FOR LIFE. WE ARE DRIVEN TO CREATE AQUATIC EXPERIENCES THAT TRANSFORM PEOPLE AND PLACES. WE BELIEVE EVERY DECISION AND EVERY INTERACTION SHOULD SERVE AND ENHANCE THE HUMAN EXPERIENCE. ABOUT US Counsilman-Hunsaker is a pioneering aquatics organization whose vast global experience and holistic, full-circle approach — from design, to execution, to operations — has established us as the trusted authority and respected thought leader on planning, design, operation and management of all types of aquatic facilities. Since our founding five decades ago, we have created experiences that have shaped and inspired individuals and communities, from the neighborhood pool around thecornertolargescalewaterparksthatdrawthousands of tourists. A myriad of successful projects in parks and recreation, hospitality and resorts, universities, K-12, wellness, and world-class destinations have validated the transformative power of what we do. Counsilman-Hunsaker is made up of an integrated team of design professionals and operational specialists with unrivaled aquatic industry experience. Our team brings exceptional collaboration skills and new project designs for the delivery of a high-quality, innovative aquatic facility. Our operational specialists will not only help you prepare for a successful launch, but will serve as your guide in achieving long-term operational success. In addition, we have completed hundreds of Facility AuditsandFeasibilityStudiesforthedevelopmentofnew or existing facilities and, having studied a multitude of facilities,wewillhelpyoubenchmarkthecreationofyour new facility and complete your project efficiently. History Counsilman-Hunsaker was founded in 1970 as a collaboration between a world-famous swimming coach and one of his former athletes. Through his coaching career and extensive writings, James E. “Doc” Counsilman, Ph.D., revolutionized the swimming world through research and innovation, training numerous Olympic and National champions along the way. One was Joe Hunsaker, a former three-time National Champion and World Record holder. With Doc Counsilman serving primarily in a consulting role, Joe Hunsaker developed the firm into one of today’s foremost authorities on design and operation of aquatic facilities. Visit our website at counsilmanhunsaker.com for additional information. |1counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-412 WE BELIEVE OUR FULL CIRCLE OF EXPERTISE— VISIONING, PLANNING, DESIGN, BUSINESS MANAGEMENT, TRAINING AND OPERATIONS — WILL PROVIDECITY OF PALM DESERTWITH THE ADVANTAGE OF A HOLISTIC APPROACH AND A 360-DEGREE PERSPECTIVE UNAVAILABLE ANYWHERE ELSE IN THE AQUATIC INDUSTRY. OUR CIRCLE OF EXPERTISE Weareindustryleaders,operationalspecialists,planning and design professionals (licensed in 50 states), educators, and management experts. No other team is better qualified or positioned to consult City of Palm Desert on all aspects of aquatics, because we deeply understand the combination of essentials and innovation required to deliver an amazing customer experience. Our integrated team has spent decades cultivating the knowledge of what absolutely must be delivered. We anticipate issues and challenges, and we improve and refine procedures until they are seamless, and because we so deeply understand the basics, and they are ingrained in our processes. We are free to challenge ourselves to explore more imaginative ways to serve and surprise you and, ultimately, your guests. Our depth of understanding comes from decades of experience consulting on thousands of national and international aquatic projects of varied uses and complexity — no two are ever alike. We configure and customize our services to precisely fit the needs, desires, challenges and objectives unique to each client. TheCounsilman-Hunsakerteamiscommittedtosharing its combined wisdom, experience, capabilities, leadership and passion for aquatic experiences to the safety and service of aquatic facilities of all types. We know creativity doesn’t have to be sacrificed for safety. We know safety need not be compromised for excellent service. We believe an aquatic facility is a living entity, and every decision plays a role in its life and the lives of those who enjoy it. With our full circle of services, Counsilman-Hunsaker provides City of Palm Desert with a one-stop shop for audits, studies, design, operations consulting, and digital technology. |2counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-413 SERVICES OVERVIEW Design Commencing with project visioning and development through sealed engineering drawings, we do it all. Even when starting with just a sketch of your vision, we will work closely with you throughout the design process to create a practical, innovative, and expertly-designed facility that meets or exceeds your dreams while staying within budget. Study Through our comprehensive approach, we will provide you with the information you need to make a knowledgeable decision about the future of aquatics for yourcommunity.Ourstudyprocesssuppliesyouwiththe necessary tools to reveal valuable insights and information before funding your new aquatic center. Operate AtCounsilman-Hunsaker,ourgoalistooptimizebothour client's daily operations and the aquatic users’ experiences as our in-house swimming pool operators assist with on-site facility operations. Our operations team is comprised of highly trained, experienced professionals who have obtained the highest ranking of HealthandSafetyInstructorcertificationsavailable.Our clients benefit from the experience and knowledge of our team, knowing that our recommendations and operational services are supported by all the leading aquatic safety providers. Audit Through our Facility Audits, many owners have discovered that replacing worn out equipment with short life cycles will allow them to serve a whole new generation of users. Other times, older pools can be economically reconstituted into modern swim centers. Counsilman-Hunsaker's evaluation of an existing pool will give you the information needed to make a knowledgeable decision regarding repair, renovation, or replacement. With Counsilman-Hunsaker as your partner, your new or renovated facility will become more than a pool or center. It will become a destination known for developing skills, creating memories, and building communities through superior service and innovation. Web-Apps Peace of mind comes through an efficient and safe facility but managing risk appropriately and effectively can be a challenge for operators. That’s where the HydroApps™suite of cross-platform, web-based applications comes in and takes aquatic facility management and professionalism to the next level. Developed in collaboration with some of the most highly-regarded operational and educational leaders in the industry, HydroApps provides you with the benefit of ourcombinedaquaticknowledgeandinnovationand the tools to streamline your compliance, documentation, and record-keeping. |3counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-414 OPERATIONAL SUPPORT Offering Comprehensive Support For Optimal Operations Our Counsilman-Hunsaker operations team members have each successfully built safe and sustainable revenue=generating programs from the ground up, and bring this collective expertise to every community we serve. Our team members have backgrounds working in all types of aquatic and recreational facilities throughout thenation. Theactionplanwebringensuresnothingfalls throughthecracks,thatstaffisexpertlytrained,andthat your operations run seamlessly. Facility Business Plan Business plans provide you with facility-specific expense and revenue information regarding what you can expect from your management, staffing, and attendance. Standard Operating Procedures Manual Comprehensive policies, procedures, and forms are needed to run efficient aquatic operations, and we'll write and customize yours specifically to your facility based on local and national standards and industry best practices. Onsite Training Counsilman-Hunsaker's operations team provides staff training, in-services, and lifeguard orientation, covering an array of topics, including customer service, rule enforcement, standard operating procedures, emergency medical procedures, and attraction operations. MaintenanceManual and Training Model Aquatic Health Code compliant and facility- specific maintenance manuals provide training for your staff in the daily process required to maintain healthy water quality, safely and effectively handle chemicals, and implement preventative maintenance procedures. Marketing and Branding Plan With your facility's brand as the focal point, we'll develop an effective marketing and communications plan for you, including selecting the right media for advertisement and executing your marketing plan. Operational Audit An analysis of your existing operations, chosen from one or several focus areas, provides you with documented recommendations for improvement using industry standards, best practices, and years of operational data research. Aquatic Examiner Services Counsilman-Hunsaker utilizes the protocols and methodologies of the American Red Cross Aquatic Examiner Service and Lifeguarding program, coupled with Counsilman-Hunsaker's experienced operators and examiners, to deliver comprehensive lifeguard performance evaluations. Incident Support Counsilman-Hunsaker's team of subject matter experts will provide litigation support, serve as an expert witness, and conduct accident investigation and documentation in the event of a catastrophic incident. |4counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-415 THE COUNSILMAN-HUNSAKER TEAM'S PROMISE IS THAT, ABOVE ALL, WE WILL FOCUS ON THE SAFETY, SERVICE, AND SUCCESS OF ALL OFCITY OF PALM DESERT'S AQUATIC FACILITIES. OUR PROMISE Safety Aquatic facilities, venues, and programs have the power to transform people’s lives, but with that power comes a potential for great risk. Counsilman-Hunsaker is 100% focused on aquatic consulting and we intimately understand those unique and inherent risks in aquatic environments. We are a diverse team with backgrounds as competitive athletes in recreational leagues to world record holders, coaches, former facility owners, lifeguards and aquatic facility managers. With these various backgrounds, we have the ability to look at every project through different points of view and experience and help create the safest aquatic environment possible. Service Counsilman-Hunsaker is a full-service aquatic consulting firm made up of design professionals and operational specialists with unrivaled aquatic industry experience. Our portfolio includes newly designed and renovated pool projects for many market sectors: Parks & Recreation, Education, Hospitality and Wellness. Project types range from competition venues, leisure pools and waterparks to therapy pools and spas. With five decades of experience, we have designed thousands of pools and have completed hundreds of Facility Audits and FeasibilityStudiesforthedevelopmentofneworexisting facilities. Success Each aquatic facility has a unique definition for success. Whether success is defined as a financially self- sufficient operation, enhanced safety measures, or a swim lesson program with rave reviews, we collaborate with our clients to provide a perfect balance of service and sustainability through proven business practices and aquatic management. Ultimately, the goals of our customers become our goals, and as a team, we define measurable, trackable milestones that ensure we meet or exceed the desired outcomes. |5counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-416 PRODUCT QUALITY & SERVICE EXCELLENCE Customer Satisfaction As a trusted aquatic industry leader, our customers expect and receive an exceptional value that only Counsilman- Hunsaker can deliver. To meet our level of excellence in quality, service and innovation, we start with a knowledgeable team of experts. In serving hundreds of repeat clients in our 48 years, we have made customer relationships and engagement a high priority. To ensure quality, Counsilman-Hunsaker uses a third party to survey our customers' satisfaction. These customer surveys of our product reveal a consistent focus on our performance measures relative to each customer’s key requirements. When customers were asked — If you had to do this project again, would you select Counsilman- Hunsaker? — 99% of our customers strongly agreed. EmployeeQualifications AllCounsilman-Hunsakeremployeesparticipateinon-site, in-person training on company history, culture, structure, roles and expectations, teamwork, leadership and necessaryhumanresourceinformationinadditiontobeing trained in the most recent updates to the American Red Cross Lifeguard, First Aid and CPR courses. Counsilman- Hunsaker designers are licensed to practice in all 50 states to help bring clients' aquatic facility visions to life. Additionally, we have experience with more than 270 different codes, varying by region, state, county and municipality and have worked with national and international codes and standards including NCAA, NFSHSA, USA Swimming, FINA, ANSI, ASTM, NSPI, CDC, EPA, NSPF, CPSC, CDC and more. Our Role in the Model Aquatic Health Code To support the industry with science-based answers, Counsilman-Hunsaker became a founding sponsor of the Model Aquatic Health Code (MAHC). The MAHC is a set of guidelines published by the Center for Disease Control (CDC). This document brings together the latest knowledge based on science and best practices to help state and local government officials develop and update pool codes. Pool codes are specific rules that designers, builders, and managers of spas, pools, waterparks, and interactive fountains must follow to keep the fun going and reduce injuries and illnesses. While the MAHC is not a required code to follow, it has becometheindustrystandardforaspectsofpoolsafety. As a best practice and to ensure a quality product for our clients, Counsilman-Hunsaker looks for the best possiblesolutionstodesignandoperatefacilitieswithin current local codes and the MAHC as an industry standard. |6counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-417 CONTINUOUS QUALITY CONTROL AND IMPROVEMENT QUALITY CONTROL PROCESSES Counsilman-Hunsaker's reputation as the industry thought leader is due in part to our quality control and assurance methodology. Our detailed internal processes allow us to produce final documents that are recognized as industry-leading and that have been prepared under the strictest quality control measures. We fully understand aquatic facilities consist of a unique and complex mix of attractions, systems, and staff that combine to create the ultimate aquatic experience. Each of these areas must be prepared for and monitored through intensive planning and extreme quality control measures. One of our key project goals is to maximize the safety and service of your facility while seamlessly meeting all required operating parameters, which is why our approach to each project results in exemplary services that have been executed under our strict quality control processes. Our first step to ensure we meet the needs of our customersislisteningtotheirrequirements,whichallows us to respond to your needs with a customized plan that isdrawnfromourextensiveindustry-specificexperience. Services are performed and reports are produced utilizing standard procedures and tools, flowcharts, and an internal peer review process to ensure accuracy. Counsilman-Hunsaker strives for the highest quality and constant improvement in all facets of our organization. Our Improvement Log Process was developed to strengthen individual and team performance, share knowledge, and foster new ideas. We value stimulating debate, open communication and idea sharing as not only beneficial but crucial to our success. Our unique systematic approach to this ideology includes a monthly assessment and a 90-day completion cycle for effective and efficient results. Our process begins at our monthly improvement log meeting where any employee can bring a recommendation or new idea to improve the quality of services Counsilman-Hunsaker provides. All items in our log include a description of a situation, observations, possible recommendations, and an ultimate decision on action to be taken. The path to a decision and the outcome is shared to promote alignment of work systems and maintain current knowledge assets. |7counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-418 COUNSILMAN-HUNSAKER’S CULTURE AND REPUTATION IN THE INDUSTRY ARE OF THE HIGHEST LEVEL OF PROFESSIONALISM. WITH OUR DESIGN, ENGINEERING, OPERATIONS, AND PROGRAMMING EXPERTISE, WE'LL HELP YOU GROW AND STRENGTHEN YOUR FACILITY OPERATIONS. AQUATIC MANAGEMENT PROGRAM™ OVERVIEW Counsilman-Hunsaker developed the Aquatic Management Program™(CHAMP) by coupling our innovative consulting, design, operations, and programming expertise in the aquatic industry with the protocols and methodologies of the American Red Cross Aquatic Examiner Service (AES) and Lifeguarding Program. Counsilman-Hunsaker’s 50+ years of experience makes us your ideal partner for auditing services. The Aquatic Management Program™ is designed to: •Develop SMART goals to improve operations, training, and performance •Increase lifeguard accountability, attention to safety, professionalism, and pride •Reinforce and strengthen each lifeguard’s emergency response skills and teamwork •Maintain high lifeguarding operational standards The CHAMP™approach will begin with an in-depth facility tour, the Annual Lifeguard Operations Assessment (ALOA), to understand your risk management, safety, and lifeguarding operations. Facilities receive a comprehensive, objective evaluation based on American Red Cross Lifeguarding program standards—100yearsofscience-driven,evidence-based course content and educational design — and the Model Aquatic Health Code. Included are empirical recommendations and resources necessary to achieve and maintain the proposed improvements. Asafollow-up,unannouncedsitevisitswillevaluateon- the-job lifeguard performance, including surveillance andrescueskills.Teamskillsscenariostesttheabilityof the staff to perform, and give the opportunity to learn and improve with immediate remediation if needed. Additionally, as part of each site visit, a "Quick Check" of the facility is conducted to ensure compliance with established standards and operational procedures. CHAMP™offers aquatic facilities a comprehensive, objective evaluation of safety and lifeguarding operations, with specific recommendations and resources for improvement that will make a direct impact. |8counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-419 AQUATIC MANAGEMENT PROGRAM™ BENEFITS Benefits of CHAMP™: •Designed to be integrated into City of Palm Desert's existing aquatic facility management practices in order to assist in the development of practices and procedures that help achieve and maintain a professional lifeguard operation. •Provides guidance to City of Palm Desert through evaluating and helping to improve lifeguards' performance and overall safety of each park. •Identify potential gaps in training or operational procedures at an individual waterpark or within City of Palm Desert overall for quick and appropriate action or remediation. •Our state-of-the-art cloud-based application allows management to quickly and easily access reports across all facilities, including videos and images taken by the examiner. |9counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-420 ANNUAL LIFEGUARD OPERATIONS ASSESSMENT Annual Lifeguard Operations Assessment The Annual Lifeguard Operations Assessment is conducted by an Aquatic Examiner touring the facility. This assessment may be conducted while the aquatic facility is open for operations or just before the facility opens for the season. City of Palm Desert representative’s knowledge and input is vital to ensure that the Examiner obtains accurate information when assessing City of Palm Desert facilities' lifeguarding operations. Activities conducted during the tour include: •Reviewing schematics of the aquatic facility layout,includingfixedstructuresandplacementof rescue equipment and supplies. •Discussing lifeguard zones and rotation plans. •Checking water clarity and reviewing records. •Checking required rescue and safety equipment and supplies needed by lifeguards. •Verifying lifeguard training requirements, certifications, schedules, records, and written aquatic facility policies and procedures exist and are accessible. •Verifying facility-specific emergency action plans are posted. •Verifying daily logs and incident reports are being maintained. After the assessment, City of Palm Desert supervisors willreceiveacomprehensivewrittenreportthatoutlines the results and provides suggestions for improving lifeguardingoperations.Therecommendationsarebased on benchmarks in the American Red Cross Lifeguarding program. Counsilman-Hunsaker staff may also assist with implementing and complying with the suggestions and recommendations made. |10counsilmanhunsaker.com AQUATIC MANAGEMENT PROGRAM™ Dallas | Denver | San Diego | St. Louis Item 1G-421 UNANNOUNCED LIFEGUARD SKILL EVALUATIONS Lifeguard Undercover Observations and Skill Evaluations City of Palm Desert site visits will begin with an undercover visit by a CHAMP examiner. The examiner will video record and evaluate as many lifeguards as possible, up to 6 and provide an individual evaluation for each. Evaluations will cover: •Active posture and body position •Lifeguard alertness •Continuous scanning and distractions •Lifeguard equipment •Lifeguard communication •Rotation procedures After the undercover assessments, the examiner will announcethemselvesandprovideskillevaluationsforup to 6 lifeguards, these will be both team and individual skills. Skill evaluations will cover: •Entries and approaches •Rescue skills •Lifeguard communication •Extrication •Patient assessments •First Aid/CPR skills If time allows and the facility desires, the examiner will also observe an Emergency Action Plan drill and provide on-site immediate feedback. After the assessment, the facility supervisor will have online access to the full report including applicable videos and pictures and can download a PDF of the report for record keeping. |11counsilmanhunsaker.com AQUATIC MANAGEMENT PROGRAM™ Dallas | Denver | San Diego | St. Louis Item 1G-422 TRACKING AND REPORTING The Aquatic Management Program™ Web-Based App To properly monitor and evaluate the safety of facilities around the country, Counsilman-Hunsaker developed a custom aquatic software platform for facility reporting and documentation. Incorporating the tools and reports from the American Red Cross Aquatic Examiner Service, along with forms and documentation tools recommended by the Model Aquatic Health Code, our proprietary software platform allows for auditing facilities and their lifeguards using mobile devices, hidden cameras, and online forms. With various levels of access and reporting, combined with the ability to customize the systems to City of Palm Desert requests, our innovative, cloud-based approach allows for direct input of observational and technical audits by Counsilman-Hunsaker staff, with the ability for our corporate team to review for accuracy and consistency. Once approved, the results are immediately available to access. Report notices are sent via email and may be viewed either online with full audio and video capability or in a PDF version for easy filing purposes. In-Service Training Counsilman-Hunsaker staff have developed turn-key in- service training outlines, with over 52 hours of available in-services,whichinclude,butarenotlimitedto:physical conditioning, performance of rescue skills, customer service, scenarios as listed in each attraction’s Emergency Action Plan, and discussion of pertinent information and training updates. |12counsilmanhunsaker.com AQUATIC MANAGEMENT PROGRAM™ Dallas | Denver | San Diego | St. Louis Item 1G-423 THE PRIMARY PURPOSE OF THE AMERICAN RED CROSS LIFEGUARDING COURSE IS TO PROVIDE COURSE PARTICIPANTS WITH THE KNOWLEDGE AND SKILLS TO PREVENT, RECOGNIZE AND RESPOND TO AQUATICEMERGENCIESAND TO PROVIDE PROFESSIONAL-LEVEL CARE FOR BREATHING AND CARDIAC EMERGENCIES, INJURIES AND SUDDEN ILLNESSES UNTIL EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL TAKE OVER. THIS PROGRAM OFFERS A MENU OF LIFEGUARDING/FIRST AID/CPR/AED COURSE OPTIONS FOR BOTH ENTRY-LEVEL AND RENEWING LIFEGUARDS THAT WILL MEET THE VARIOUS TRAINING NEEDS OFCITY OF PALM DESERT. Lifeguarding Course options include: •Lifeguarding (for guarding all water depths) •Shallow Water Lifeguarding (for guarding depths up to seven feet) •Aquatic Attraction Lifeguarding (for guarding depths up to three feet, includes Waterpark Skills) •Waterpark Skills (for guarding aquatic attractions andfeatures,includingwaterslidesandlazyrivers) •Bloodborne Pathogens training •Oxygen Administration training Most courses are available in Blended Learning format, availableon-demandforneworreturninglifeguardswho are provided a direct link to the blended learning course content. This award-winning format enhances participants' learning and grasp of lifeguard knowledge and reduces the amount of in-person time required by eliminating the majority of the lecture points and allowingtheLifeguardingInstructortofocusprimarilyon the skills while working with the participants. LIFEGUARD TRAINING |13counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-424 COUNSILMAN-HUNSAKER’S TRAINING EXPERIENCE, EXTENSIVE PROFESSIONAL CERTIFICATION LEVELS, AND HIGHER EDUCATION MAKES COUNSILMAN-HUNSAKER THE IDEAL PARTNER TO MEET CITY OF PALM DESERT'S GOALS FOR LIFEGUARDING INSTRUCTOR TRAINING. LIFEGUARDING INSTRUCTOR TRAINING Counsilman-Hunsaker’s pioneering team of subject matter experts possess decades of education and programming experience. Our staff are certified American Red Cross Lifeguarding Instructor Trainers and Water Safety Instructor Trainers. Our documented training excellence surpasses other training organizations and is recognized through our strategic partnership with the American Red Cross and by our clients participating in our training, operations, and management programs. Lifeguarding Instructor Training Our goal is for you to be positioned for success both in safety and in fiscal responsibility through in-house training capabilities. Upon certification, instructors will be qualified to train staff in Waterpark Lifeguarding, CPR/AED, First Aid, Emergency Oxygen, and Bloodborne Pathogens training. As instructors, employees will be prepared to review, comment, and correct daily lifeguard actions. This extra level of oversight on a daily basis is a crucial aspect of any effective risk management program. Lifeguarding Instructor Crossover The Lifeguarding Instructor Crossover course allows current Instructors from other certification programs to participate in an abbreviated instructor crossover/re- entry course which prepares and certifies instructor trainer/instructor crossover candidates to teach Red Cross courses in the American Red Cross Lifeguarding Program. The program recognizes previous instructor trainer/ instructor training from equivalent organizations including: •Canadian Red Cross •Ellis & Associates •Starfish Aquatics Institute •StarGuard Elite •YMCA of the USA Unparalleled Mentorship Counsilman-Hunsaker feels a personal obligation to provide mentorship to all instructors trained in our courses. Continuing training is available through both annual Instructor Review Courses and instructor evaluations to ensure instructors are meeting certification requirements. Counsilman-Hunsaker’s extensive training experience professional certification levels, and higher education make Counsilman-Hunsaker the ideal partner for risk management instruction programs. |14 AMERICAN RED CROSS counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-425 THE AMERICAN RED CROSS SWIMMING AND WATER SAFETY PROGRAM WAS FOUNDED OVER 100 YEARS AGO BY COMMODORE WILBERT E. LONGFELLOW AND HAS BEEN UTILIZED TO TEACH CHILDREN AND ADULTS OF ALL AGES TO BE SAFE IN, ON, AND AROUND THE WATER. SWIM LESSON INSTRUCTOR Water Safety Instructor The Water Safety Instructor program teaches participants to develop lesson plans and conduct courses in a manner that helps participants stay engaged in the learning process. Additionally, Water Safety Instructor candidates learn to effectively communicate about swim lesson participants' progress in their lessons, develop effective observation skills for teaching, and learn how to modify their teaching and accommodate participants who move, learn, communicate, or behave differently. Water Safety Instructors are qualified to instruct Parent and Child Aquatics, Preschool Aquatics, Learn-to-Swim, Private Lessons, and Adult swim lessons, in addition to water safety courses and presentations. Water Safety Instructor courses are available in both instructor-led and blended learning formats. Swim Lesson Evaluations Swim lessons are valuable programs in ensuring future generations learn to swim, meeting the needs of the community, and increasing your pool of potential lifeguardsdowntheroad.Thereforeitisimportantthat swim instruction be empirically observed and evaluated for iterative improvement and to provide useful, constructive feedback to each instructor along with comprehensive recommendations for improvement to management. Through our team of educational and training subject matter experts, Counsilman-Hunsaker provides direct observationofeachinstructoroveranextendedperiod of time to provide instructors, programmers, and management with pedagogical recommendations, unique teaching strategies and techniques, best practices, while also providing an overall snapshot of the swim lesson instruction program. |15 TRAINING AND EVALUATION counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-426 EVEN WITH THE MOST EFFICIENT AQUATIC OPERATIONS IN THE NEWEST FACILITY, CATASTROPHIC EVENTS MAY OCCUR. WHEN TRAGEDY STRIKES, COUNSILMAN-HUNSAKER WANTS TO ASSURE YOU WE ARE THERE TO SUPPORT AND PROTECT YOU, YOUR INVESTMENT, AND YOUR MOST VALUABLE RESOURCES: HUMAN RESOURCES. LITIGATION SUPPORT Incident Support A successful facility acts proactively to prevent mishaps, but also plans for the unexpected. Even with the most efficient aquatic operations in the newest facility, catastrophic events may occur. When tragedy strikes, Counsilman-Hunsaker wants to make sure you know we are there to support and protect you, your investment, and your most valuable resources: human resources. If an incident results in legal proceedings, Counsilman- Hunsaker’s team of subject matter experts will provide litigation support and if needed, serve as an expert witness. In addition, a Counsilman-Hunsaker consultant will conduct a site visit for accident investigation and documentation, and provide your legal team with appropriate records. Expert Witnesses Counsilman-Hunsaker is regularly called to serve in the capacityasanexpertwitnessforpurposesofarbitration or litigation. While not a key source of our business, we have at least one active case we are preparing for at any given time in the event it goes to trial, with several keyassociateshavingprovidedactualservicesasexpert witnesses. LitigationSupportisincludedintheCHAMPcontract. |16counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-427 |17counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-428 |18counsilmanhunsaker.com Dallas | Denver | San Diego | St. Louis Item 1G-429 CONTACT INFORMATION OUR CUSTOMER COMMITMENT As a trusted aquatics industry leader, our customers expect and receive exceptional value that only Counsilman-Hunsaker can deliver. To meet our level of excellence in quality, service and innovation, we start with a knowledgeable team of experts. In serving hundreds of repeat clients in our 50+ years, we have made customer relationships and engagement a high priority. We measure customer satisfaction through surveying — and the results reflect the success of our dedication to creating a culture of continual process improvement. To ensure quality, Counsilman-Hunsaker uses a third party to survey our customer’s satisfaction. These customer surveys of our product reveal a consistent focus on our performance measures relative to each customer’s key requirements. When customers were asked — If you had to do this project again, would you select Counsilman-Hunsaker? — 99% of our customers strongly agreed. |19 Dallas | Denver | San Diego| St. Louis www.counsilmanhunsaker.com |19 Visit our website: counsilmanhunsaker.com for additional information. counsilmanhunsaker.com For more information contact: Miklos Valdez Studio Director Counsilman-Hunsaker miklosvaldez@chh2o.com (972) 370-3743 Kevin Post Principal Counsilman-Hunsaker kevinpost@chh2o.com (314)894-1245 10733 Sunset Office Drive Suite 400 St. Louis, MO 63127 (314) 894-1245 Dallas | Denver | San Diego | St. Louis Item 1G-430 SPORTS FACILITIES COMPANIES // SPORTS FACILITIES MANAGEMENT, LLC CITY OF PALM DESERT, CA Management and operations of the Palm Desert Aquatic Center - Cost proposal January 20, 2023 Item 1G-431 2 SPORTS FACILITIES COMPANIES FULL-TIME MANAGEMENT* Year 1 - $264,000 per year, Estimated Staffing Allowance of $900,000** Year 2 - $277,200 per year, Estimated Staffing Allowance of $945,000** Year 3 - $291,060 per year, Estimated Staffing Allowance of $992,250** Year 4 - $305,613 per year, Estimated Staffing Allowance of $1,044,862.50** Year 5 - $320,893.65 per year, Estimated Staffing Allowance of $1,093,955.63** Pricing above reflects a 5% year-over-year escalation. Deferred management incentive of 10% of EBITDA above $100,000 per year. *This fee reflects the day-to-day management of the facility and includes daily operations, event setup, risk management procedures and training, general pool maintenance, events booking, local programming, marketing, financial reporting, and more. This fee does not include labor, materials, tools, equipment, services, and incidental and customary work per item 3.1.1 of the City of Palm Desert Professional Services Agreement. **SFC will work with the City of Palm Desert to establish a working budget that reflects strategies and opportunities to meet the City's goals for service and financial performance, i.e. net operating income inclusive of SFC's management fees as outlined above. As an immediate action item, SFC will perform an operational audit to identify opportunities to improve revenue generation and cost containmnent strategies. Cost containment strategies will focus on all aspects of operating the aquatic center with a particular focus on reviewing the operating schedule and required lifeguard staffing model to ensure that we are maximizing the safety of guests while controlling the expenses associated with lifeguards. We are excited about the opportunity to discuss the benefits of SFC's model with the City of Palm Desert and open to adjusting fees and approach as needed to ensure that we are meeting the needs of the City. SPORTS FACILITIES MANAGEMENT, LLC Based on the RFP, it is our intention to work with the City to ensure alignment between our scope and the most effective suite of services for the project. SFC is built on collaboration and we look forward to working with the City to align SFC’s approach and proposed compensation with the City of Palm Desert's desired financial and operational outcomes. Item 1G-432 3 SPORTS FACILITIES COMPANIES With SFC's Full-Time Management (FTM) services, the Palm Desert Aquatic Center will get day-to-day oversight of all aspects of the venue including: • Daily operations, maintanence, and management • Sales • Staffing (including training and certification) • Scheduling • Program Development and Management • Monthly Financial Reporting • Human Resources Oversight • Legal and Risk Management Advisory Services • Bookkeeping • Local marketing initiatives to drive community events and pool memberships SFC's approach is much more robust than simply "opening the pool and staffing lifeguards." Our robust management solution will drive a better guest experience and greater financial outcomes for the City of Palm Desert. Personnel and Human Resources Services Sourcing, hiring, developing and retaining good people is the key to our organization. It begins with building a team that understands and lives our values of accountability, excellence, collaboration, and service. Our team truly cares about the operational outcomes and fights for the goals set forth by our clients. This will be the case at Palm Desert, and we only place personnel fully committed to your success. The SF Network was developed with the idea that facilities can be more successful when banded together to leverage resources and people. If managed by SFC, Palm Desert Aquatic Center and the City of Palm Desert will have access to resources and human capital that will reduce the burden on the City and create capacity of the on-site team. This ultimately provides better programming opportunities for the community and returns a greater ROI for the City. SFC's Human Resources Services: • Employee recruiting, training and retention • Annual customer service and multi-cultural training • Development of facility specific handbook • Employee diversification, development and training • Annual plan • Schedule development SFC's Network of General Managers The SF Network was developed with the idea that facilities can be more successful when banded together to leverage resources and people. Only SFC General Managers (including Palm Desert Aquatics Director) are part of the SF Network of GMs. This means that Palm Desert Aquatic Center will be led by an Aquatics Director that participates in the SFC weekly teleconference and/or Zoom meetings with other SFC-employed GMs and the team of SFC operations advisors. This call requires each facility manager to report in on the progress they are making against established goals and it provides opportunity for each of our GMs to seek perspective from other managers who are dealing with or have already overcome similar challenges. All of these centers deal with similar challenges and opportunities inherent to the sports/fitness/ recreation/entertainment facility industry. These managers are also benchmarked against one another and against the highest revenue producing and highest EBITDA-producing facilities in the country. Transparent Financial Reporting With SFC, Palm Desert will undergo a rigorous monthly “Budget Versus Actual” (variance) review. Led by a full-time SFC Management Advisor, your GM, leadership team, and staff will be part of a monthly top-to-bottom review of the operation including a line item review of “Budget vs. Actual” results. The process includes a review of the prior month performance, a forward-looking discussion of critical action items, marketing initiatives, and a pace-to-goal session. This “variance” process drives performance and accountability while providing the City of Palm Desert with complete transparency into the facility's finances. Marketing SFC’s in-house marketing and design team will partner with the City to create a strategic marketing plan and actionable campaigns to generate the results for the facility which includes: »Website optimization and social media campaign »PR campaign »Local community event creation »Integration and collaboration with local program and stakeholder groups »Direct Mail campaign »Ongoing weekly support calls and monthly strategy sessions »Initial focus on staff recruitment Using our experience in 40+ venues across the country, our team brings marketing strategies that utilize best practices and deep industry experience to drive conversions and achieve long-term performance goals. FULL-TIME MANAGEMENT Within this section, SFC has outlined our approach to support the City of Palm Desert through the successful management of the Palm Desert Aquatic Center. Item 1G-433 4 SPORTS FACILITIES COMPANIES Additional Services In addition to operational oversight, staffing, marketing and financial tracking, the following services are also included in SFC’s Full-Time Management Services: 1. Computer & IT services and support 2. Payroll administration and support 3. Provide and administer health insurance program 4. Provide worker’s compensation insurance 5. Share ‘best-practices’ policies and procedures, acquired instructions and forms 6. Vendors, programs and software, and proven hardware solutions 7. Annual updating of Business Plan 8. Food & Beverage Plan 9. Insurance coverage, taxes and assessments, compliance with legal requirements, other fees and costs, etc. 10. Creation and annual review/updating of business plan and budgets 11. Detailed timeline and action items for development and facility/operation updates 12. Annual review of the business year prior and identification of new programming 13. Capital improvements suggestions and review 14. Identification of new investments 15. Recurring coaching and collaboration sessions with SFC management and SFC’S GM network. This robust suite of services will help to ensure long-term success for Palm Desert Aquatic Center. SFC's Team is continually looking for opportunities to improve the guest experience and drive bottom line performance."WE ARE THRILLED BY THE PROSPECT OF PARTNERING WITH THE CITY OF PALM DESERT TO OPERATE THE PALM DESERT AQUATIC CENTER." JASON CLEMENT, CEO Item 1G-434 14 SPORTS FACILITIES COMPANIES The sfC team Organized to create results Jason Clement, CEO & Founder, SF Companies Legal Compliance and Risk Management Bruce Rector, Legal Counsel Human Resources & Team Development Tamara Swanson, Director of Human Resources Marketing Strategy & Brand Development Ashley Whittaker, Vice President, Business Dev. & Marketing Subject Matter Experts, Aquatics Miklos Valdez, Counsilman-Hunsaker Daily Operations On-Site General Manager, TBD Account Leadership Lori Moore, Account Executive Finance & Accounting Bob Stout, Chief Financial Officer TBD SFC will conduct a national search inclusive of existing staff and personnel within the SFC ecosystem in effort to find the top candidate. The City will have ultimate veto and approval authority for this role. Item 1G-435 Account Leadership Lori Moore, Account Executive Finance & Accounting Bob Stout, Chief Financial Officer Under Jason’s leadership, the SF Companies have opened more successful sports and recreation venues than any organization in the country. As an experienced advisor he has provided planning, strategy, finance, and operational leadership to projects throughout the world. CEO & FOUNDER JASONClement SPECIALTIES : SFC leadership and oversight, long-term strategic direction, partnership management YEARS IN INDUSTRY: 21 The Sports Facilities’ firms have become globally recognized leaders focusing on transforming the health and economic vitality of communities around the world. As the Chief Executive Officer of SFC, Jason leads the strategic direction, culture, and service standards that define SFC in the public sector and private sector markets we serve. Under Jason’s leadership, SF Companies recently launched new products to serve communities focused on economic development and the youth and amateur sports industry. The initiatives include an event company, new technology platforms, food & beverage and gaming options. The firm is also focused on merchandising, purchasing, and leveraging social capital to improve access to sport. Formally trained and licensed as an architect, Jason began his career in sports architecture before transitioning into commercial development and corporate real estate management. The experience was the spark to bring similar professional management services to the youth & amateur sports industry. Jason is a passionate and faith driven contributor to causes that positively impact families and communities. He has founded, supported, and lead the growth as board chair to multiple organizations including Habitat for Humanity, Man Up and Go, Calvary Christian High School, Florida Small Business Development Center, and others. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS ICMA - Strategic Partner & Speaker NRPA - Speaker SportsETA - Featured Speaker & Content Contributor Board Chair - Habitat for Humanity, Man Up & Go Tampa Bay Business Journal “Hall of Fame” NOTABLE PROJECTS Aviator Sports & Events Center-Brooklyn NY Hoover Met Complex - Hoover, AL Pelican Bay Aquatice Center-Edmond, OK Spooky Nook Sports - Lancaster, PA Salvation Army KROC Center-South Bend IN Eugene Civic Alliance - Eugene OR The HUB Recreation Center-Marion, IL Panama City Beach Sports Park - PCB, FL Sand Mountain Park-Albertville, AL Paradise Coast Sports Complex - Naples, FL Item 1G-436 An award-winning leader in the sport tourism industry, Lori has helped communities experience positive economic impacts year over year. Through her extensive experience, the sports facilities that she’s led have not only become must-play destinations, but they’ve also become the standard for outstanding service. ACCOUNT EXECUTIVE LORIMoore SPECIALTIES : operations leadership, primary point of contact between SFC and facility/City YEARS IN INDUSTRY: 20 Lori’s leadership and her ability to build relationships and develop teams of leaders is at the heart of the success she’s experienced in her role as Account Executive. In this position, Lori serves multiple venues in their initiatives to drive economic impact and develop programming to sustain community growth and boost visitation. In both management and advisory capacities, she leads teams focused on sustained growth and operational efficiency. Lori’s primary goal is to improve financial performance and support client initiatives while developing leadership skills and opportunities for Sports Facilities Companies team members. Through her venue management, she has exceeded economic impact projections by 50 percent for five consecutive years. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Re-Opening Venues in Covid Webinars Part l & ll, Sports ETA Leadership Initiative with Pat Summit Leadership Group at AAU National Event “Top 9 Women in Sports Tourism” - Connect Sports Magazine “Most Outstanding Leader” - Sports Facilities Companies NOTABLE PROJECTS Elizabethtown Sports Park - Elizabethtown, KY Ballparks of America - Branson, MO Rocky Top Sports World - Gatlinburg, TN Publix Sports Park - Panama City Beach, FL Pelican Bay Aquatic Center - Edmond, OK Item 1G-437 Marina has over thirteen years of experience in aquatics and programming, including experience with the YMCA and the Oklahoma City Parks and Recreation Department. Marina brings her enduring passion for aquatics and enhancing the local community to her role as the General Manager at Pelican Bay Aquatic Center in Edmond, OK. AQUATICS SPECIALIST MARINAWells SPECIALTIES : staff development & training, programming, aquatic operations YEARS IN INDUSTRY: 13 In this position, Marina leads all components of daily operations for the seasonal water park. She ensures that best practices are implemented in the areas of safety, customer service, business development, staff development, risk mitigation, programming, and marketing and branding. Additionally, Marina attended Texas Tech University and is a certified aquatics facility operator and lifeguard instructor for the American Red Cross. Edmond’s Pelican Bay Aquatic Center is 17+ acre park that includes two 150 ft water slides, diving boards, a current channel, a climbing wall and a slide splash pool. Programming at Pelican Bay includes swim lessons, lifeguard certification, and aqua fitness as well as numerous special events throughout the season. The Center also has bathhouses and a concession area at the Pelican Bay Cafe Snack Bar and offers private rental for parties and events. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Certified Pool Operator (CPO) Aquatic Facilities Operator (AFO) Lifeguard Instructor (LGI) Lifeguard Management NOTABLE PROJECTS Pelican Bay Aquatic Center - Edmond, OK *City of Oklahoma City Parks & Recreation Department *YMCA Item 1G-438 A driven collaborator and team leader, Ashley sits at the intersection of brand strategy, marketing, and sales. With award-winning creative work and proven strategies, Ashley brings with her a track record of success to every project and campaign. Clients get the benefit of SFC’s in-house marketing and branding “agency” led by Ashley. PARTNER & VP, MARKETING ASHLEYWHITTAKER SPECIALTIES : marketing strategy, brand development, business development YEARS IN INDUSTRY: 13 EDUCATION BA Industrial Design University of Illinois Ashley leads corporate business development and marketing for the Sports Facilities Companies as well as the SFC Facility Marketing Department which is responsible for the marketing, branding, and project management of SFM Network facilities. Under her leader- ship, inbound leads and inquiries have more than tripled, SFC’s firms have been featured in major media outlets such as HBO, TIME, and Wallstreet Journal, and SFC leadership is regularly sought out for interviews and speaking engagements. As the leader of SFC’s in-house agency, Ashley and her team develop engaging brands, results-driven marketing strategies, and bring proven solutions to SFC clients. In 2019, Ashley created and launched the SF Network platform which drives online booking, brand awareness, and creates cooperative marketing activations for all the facilities in the SFC portfolio. Ashley comes from a background in product design with Gill Athletics, the largest and oldest manufacturer of track and field equipment in North America and Porter Athletic, the basketball/volleyball heritage brand. Her unique blend of design thinking, leadership, and marketing strategy lends itself well to serving SF Network and SFC clients. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS SFC “MVP” Award Winner #StrongerTogether SportEvents Sales & Marketing Committee Guest Lecturer, University of Northern Iowa Gold & Silver ADDY Awards for Design Conference Speaker: ICMA, MRPA, US Indoor NOTABLE PROJECTS Hoover Metropolitan Complex, Hoover, AL Iron Peak Sports & Events, Hillsborough, NJ Cedar Point Sports Center, Sandusky, OH The Hub Recreation Center, Marion, IL Rocky Mount Events Center, Rocky Mount, NC Horizons Edge Sports Campus, Harrisonburg, VA Item 1G-439 An energetic and results-driven financial leader, Bob has guided teams that perform finance functions for some of the world’s largest companies. Bob takes his experience developing and implementing financial processes at the highest level and his experience in a diverse set of industries to his role as Chief Financial Officer for SFC. PARTNER & CFO BOBSTOUT SPECIALTIES : financial forecasting, budget creation, risk management YEARS IN INDUSTRY: 20 Bob has extensive experience developing and implementing financial processes, systems, and controls for some of the world’s largest companies, including Walmart, Inc. He has a proven record of achievement in E-commerce, real estate development, and retail. Through his work, Bob has managed planning, forecasting, and reporting (external and internal) for multiple segment levels and corporate support areas, and has driven productivity and improved bottom-line results. Bob has in-depth experience leading acquisition due diligence and negotiations, including lease and contract reviews, best practice analysis, risk assessments, and valuations. Prior to joining the SF Companies, Bob served in a number of roles over a 10-year span at Walmart, Inc. As CFO, Bob led the finance and accounting teams for Walmart’s $3 billion e-commerce business (walmart.com) from 2008-2010. From 2012 to 2019, Bob also served as a city councilman and, then, as the mayor of the city of Little Flock, AR. This role provided Bob with experience in municipal budgeting, governmental fund accounting, state audits, and FEMA disaster application development and administration. Bob joined the SF Companies as the Chief Financial Officer, overseeing corporate and SF Network venue finance teams. Bob also oversees risk management and major corporate growth initiatives. RELEVANT PROJECTS Horizons Edge Sports Campus - Harrisonburg, VA Sand Mountain Park & Amphitheater - Albertville, AL Bridgeport Recreation Complex - Bridgeport, WV The Highlands Sports Complex - Wheeling, WV Rocky Top Sports World - Gatlinburg, TN Item 1G-440 Tami is a dedicated human resources leader with a proven track record of building systems for attracting and retaining top talent and supporting the development of proactive work cultures for companies of various sizes and industries. Tami takes her experience building high-performing work forces to her role as VP of Human Resources for SFC. VP, HUMAN RESOURCES TAMISwanson SPECIALTIES : talent acquisition, employee performance oversight, professional development YEARS IN INDUSTRY: 21 In this position, Tami leads all of aspects of human resources from hire to retire, talent acquisition, payroll, benefits, and training and development. Her expertise in team devel- opment creates a talent pipeline for SF Network venues. Additionally, Tami is committed to creating an environment that is warm and welcoming to all team members through approachability, kindness, and respect. Tami began her career in retail operations where she held several leadership roles. Her passion for helping team members reach their professional goals led to her transition into human resources. Since then, she’s made a large impact on the organizations she’s worked with by increasing the levels of employee engagement and continuous process improve- ment. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS Senior Professional in Human Resources Certification (SPHR) Society of Human Resource Management – Certified Professional (SHRM-CP) NOTABLE PROJECTS Cedar Point Sports Center - Sandusky, OH Publix Sports Park - Panama City Beach, FL Community First Champion Center - Grand Chute, WI Elizabethtown Sports Park - Elizabethtown, KY Iron Peak Sports & Events - Hillsborough, NJ Ballparks of America - Branson, MO Item 1G-441 Bruce has 26 years of law practice experience and has taught and lectured on Sports Law topics during most of that time. He has worked in professional sports for the Indianapolis Colts, collegiate athletics at the University of Kentucky and as a volunteer leader for numerous local, state and national youth sports organizations and events. GENERAL COUNSEL BRUCERector SPECIALTIES : risk management & insurance guidance, legal counsel YEARS IN INDUSTRY: 26 EDUCATION University of Kentucky He also served as the 58th president of Junior Chamber International (JCI), a 200,000-member organization of young leaders and entrepreneurs from over 100 countries. Prior to joining SFC, Bruce was President of KBA Sports, Inc., in Lexington, Kentucky where he led a team of professionals in organizing, hosting, and managing large sports and recreation programs including regional and national championship tournaments. In his final year at KBA Sports, the organization attracted over 500,000 visitors for various tournaments and events. An inspiring speaker, trainer and author on leadership topics, Bruce is the author of Monday Morning Messages: Teaching, Inspiring and Motivating to Lead (Xephor Press 2005). He currently serves on the board of trustees at the University of the Cumberlands and is also active in a number of non-profit organizations in the Tampa Bay area. NOTEWORTHY MEMBERSHIPS, ACCREDITATIONS, & ACHIEVEMENTS University of the Cumberlands Board of Trustees Leadership Pinellas Clearwater Regional Chamber of Commerce NOTABLE PROJECTS Rocky Top Sports World - Gatlinburg, TN Myrtle Beach Sports Center - Myrtle Beach, SC Elizabethtown Sports Park - Elizabethtown, KY Publix Sports Park - Panama City Beach, FL Rocky Mount Event Center - Rocky Mount, NC Bo Jackson’s Elite Sports - Hilliard, OH Pelican Bay Aquatic Center - Edmond, OK Ballparks of America - Branson, MO Item 1G-442 22 SPORTS FACILITIES COMPANIES aquatics thought leader For more than 45 years, Counsilman-Hunsaker has provided design and operational consulting for thousands of national and international aquatic projects of every size and complexity. Counsilman-Hunsaker is made up of an integrated team of professionals and operational specialists with unrivaled aquatic industry experience. The Palm Desert Aquatic Center's dedicated Account Executive will not only help you prepare for a successful season, but will serve as your guide in achieving long-term operational success. Counsilman-Hunsaker offers a full circle of aquatic services from existing facility evaluation to comprehensive concept development; from project visioning through design, engineering and construction administration to business management and aquatic operations. These services are completely customized and configured in a variety of ways to precisely fit the needs, desires and objectives of the City of Palm Desert. Our portfolio includes newly designed and renovated pool projects for many market sectors: Parks & Recreation, Education, Hospitality and Wellness. OUR PARTNERSHIP WITH COUNSILMAN-HUNSAKER ENSURES WE'RE ON THE LEADING EDGE OF AQUATICS Item 1G-443 23 SPORTS FACILITIES COMPANIES Miklos Valdez Studio Director PROFESSIONAL BACKGROUND Miklos Valdez specializes in making aquatic facilities safer and more sustainable. Miklos has over 20 years of experience in recreation and aquatics as a pool and waterpark manager. His experience and knowledge include indoor and outdoor facilities, competition pools, swim meet management, customer service and fitness facilities. Miklos’ expertise allows him to successfully conduct aquatic business planning, feasibility studies, and operational training and development for new facilities and renovations. Miklos also provides clients with pre-opening management services including lifeguard training, customer service training, operating manuals and sustainable programming. NOTABLE PROJECTS Albert Lea, MN (CHAMP) - Albert Lea - MN Artesia Aquatic Center (Study and Pre-Opening Services) - NM Boys and Girls Clubs of Chicago (CHAMP) - IL Bridgeport Aquatic Center (Business Plan Review) - WV Colorado State University - Student Recreation Center Pool (Audit and Study) - Pueblo - CO Desert Wave Aquatic Center (Study) - Lubbock - TX DeSoto Recreation Center (Study) - TX El Centro Aquatic Center (CHAMP) - CA Fife Aquatic Center (Study) - WA Frisco Lakes Community Association (Operations) - TX Georgia Institute of Technology (CHAMP) - Atlanta - GA Jal Public Schools Aquatic Center (Business Plan) - NM John Day Aquatic Center (Study) - OR Kootenai Wellness Aquatic Center (Study) - Libby - MT Las Cruces Regional Aquatic Center (Study) - NM Linda Wiginton Aquatic Center (Study) - Altus - OK Lions Pool (Audit) - Yakima - WA Maui (County-Wide Aquatics Master Plan Study and Audit) - HI Mitchell Aquatic Center (Study and Pre-Opening Services) - SD River Rapids Waterpark - Ste. Genevieve - MO Sweetwater Union High School District - Mar Vista High School Pool (Study) - CA Wilderness Ridge Country Club (Study) - Lincoln - NE CONFERENCE SPEAKING Staying Safe in 2021- A Review of Lifeguard and Facility Assessments – World Waterpark Association 2020, Texas Public Pool Council Indoor Air Quality - It Takes a Village - Texas Public Pool Council, 2019 Taking your Aquatic Operations from Good to Great: The ABC’s of an Exceptional Program - Association of Aquatic Professional, 2019 PUBLICATIONS “Countdown to Opening Day” Park.” Park and Rec Business. 24:29 EDUCATION Baylor University – 2006 Bachelor of Arts YEARS OF EXPERIENCE With Counsilman-Hunsaker 2016 - Present RELEVANT PAST EXPERIENCE 2014-2016: Aquatics Manager City of Farmers Branch, TX Parks and Recreation Dept. 2006-2014: Center Supervisor Aquatics Supervisor City of Allen, TX Parks and Recreation Dept. CERTIFICATIONS Certified Pool Operator Instructor - PHTA Certified Pool Operator – PHTA Lifeguard Instructor Trainer – American Red Cross Item 1G-444 24 SPORTS FACILITIES COMPANIES Dallas Denver Los Angeles St. Louis www.chh2o.com Kevin Post Principal PROFESSIONAL BACKGROUND Kevin Post oversees the feasibility studies and aquatic operations services. Kevin’s objective is helping clients prepare for the development and capital investment of a new or existing aquatic facility serving a variety of user groups, program requirements, and owner types including municipalities, universities, YMCAs, and school districts. Having completed over 75 feasibility studies, Kevin understands what it takes to successfully conduct master planning and business planning services. Kevin also assists new pool operators and owners with pre-opening management services, including staff training, facility specific business plans, and standard operating procedures. Kevin also provides clients with ongoing full-time management services to assist with sustainable operating practices for the life of the facility. Having been involved in aquatics for more than 15 years, he has multiple certifications and is a CPO Instructor certifying pool operators and providing individuals with the basic knowledge, techniques, and skills of pool and spa operations. Being a trusted source of aquatic facility knowledge has earned him a designation as an Aquatics International Power 25 award recipient. NOTABLE PROJECTS EDUCATION Concordia University - 2015 Masters of Business Administration University of North Texas - 2004 Bachelor of Science Major: Computer Science Minors: Math, Technical Writing YEARS OF EXPERIENCE With Counsilman-Hunsaker 2007 - Present PAST RELEVANT EXPERIENCE 2006 - 2007: Recreation Coordinator, Aquatic Facilities City of Plano, TX 2003 - 2006: Assistant Director of Recreation, Aquatics University of North Texas, Denton 2000 - 2003: Pool Manager City of Plano, TX Parks and Recreation Department CERTIFICATIONS/AFFILIATIONS Revenue Management School - NRPA Certified Pool/Spa Operator - PHTA Association of Aquatic Professionals CMAHC Standing Committee- Annex Revision and Update “Things to Consider in Developing Public and Private Waterparks.” World Waterpark Development and E Expansion Guide. 2019-2020 14:18 “Planning for a Successful Operation, Parts 1&2,” Aquatics International. April 12:13, May 10:11 Amarillo Aquatic Center (Study) - TX Bridgeport Aquatic Center (Study) - WV Calgary Outdoor Pool (Master Plan) - Alberta, Canada City of Plano Swimmers (Study) - Plano - TX Dallas Aquatic Centers (Master Plan) - Dallas - TX Fort Lauderdale Aquatic Complex (Operational Proforma) - FL Fort Mojave Indian Reservation Waterpark (Study) - Needles - CA Great Waves Waterpark Expansion (Study) - Alexandria - VA James City County Pool (Study) - Williamsburg - VA Kosciusko Pool and Recreation Center (Study) - Brooklyn - NY La Joya Independent School District Aquatic Center (Operational Analysis) - La Joya - TX Lakeside Aquatic Club (Study) - Lewisville - TX Maui (City-Wide Aquatics Master Plan Study and Audit) - HI McMaster University Natatorium (Audit and Economic Impact Analysis) - Hamilton - Ontario Memorial Park Outdoor Pool (Study) - Chambersburg - PA Pinehurst Country Club (Audit and Study) - Denver - CO Prince George Indoor Aquatic Center (Study) - British Columbia Regis Jesuit High School Pool (Study) - Aurora - CO South Suburban Parks and Recreation District (Audit and Study) - CO Splashdown and Waterworks Waterparks (Study) - Prince William County - VA Sports Stable Aquatic Sport Training Facility Pool (Study) - Superior - CO St. Francis Catholic High School (Study) - Sacramento - CA Universal City Recreation Center (Study) - Universal City - TX University of Memphis Student Recreation and Fitness Center (Study) - Memphis - TN Sustaining Your Aquatic Facility in Today's Market - Association of Aquatic Professionals, 2019 Digital Documentation: Taking Forms Out of The Chemical Room and Into the Cloud - California Park and Recreation Conference, 2019 and National Recreation and Park Association, 2018 Risk Management: Science vs Science Fiction - National Recreation and Park Association, 2018 and World Aquatic Health Conference, 2017 CONFERENCE SPEAKING PUBLICATIONS Item 1G-445 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: David Reyes, Street Maintenance Supervisor Marisol Lopez, Administrative Assistant II REQUEST: AWARD A CONTRACT TO M & M SWEEPING, INC., OF THOUSAND PALMS, CA, FOR CITYWIDE SWEEPING SERVICES IN THE ANNUAL AMOUNT OF $230,917, PLUS EXTRA SWEEPING SERVICES UP TO THE AMOUNT OF $25,000 (PROJECT NO. 754-24) RECOMMENDATION: 1. Award a three (3) year Contract with an option of two, one-year extensions to M & M Sweeping, Inc., of Thousand Palms, California, for Citywide Sweeping Services in the annual amount of $230,917. 2. Authorize extra sweeping services in an annual amount not to exceed $25,000. 3.Authorize the City Manager or designee to review and approve three contract amendments/extensions up to the established contract amount 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: The Public Works Citywide Street Sweeping Services Program consists of commercial and residential street sweeping and City-owned parking lot sweeping services. The National Pollutant Discharge Elimination System (NPDES) permit regulated by the Federal Clean Air Act of 1970 requires the reduction of pollutants by Source Control Best Management Practices (BMPs) and the reduction of litter accumulation. In addition, the South Coast Air Quality Management District (SCAQMD) requires that sediment be removed from paved public roadways. Street sweeping is considered the most effective method to comply with all these requirements. The current contract for Citywide Street Sweeping services is set to expire on June 30, 2023; therefore, a Request for Proposals was advertised via OpenGov, and two (2) proposals were received on March 16, 2023: Contractor Location Proposed Fee M & M Sweeping, Inc. Thousand Palms, CA $230,917.00 Clean Street, LLC. Gardena, California $288,914.04 Item 1H-1 City of Palm Desert Award Contract to M & M Sweeping, Inc. Page 2 of 2 Public Works staff reviewed the proposals and determined that the lowest responsible bidder is M&M Sweeping, Inc.; therefore, recommends awarding the contract to M & M Sweeping, Inc. for a term of three years commencing July 1, 2023, with an option of two, one-year extensions. During extreme high winds or storms, immediate extra sweeping services are required to address areas that are impacted by these events. In order to efficiently address these instances, an additional $25,000 is requested to be set aside specifically for such occurrences. References: M & M Sweeping, Inc., currently provides satisfactory street sweeping services for the City and responds quickly to emergencies. Strategic Plan: Citywide street sweeping is an ongoing streets maintenance function, and as such has no impact on the Strategic Plan. FINANCIAL IMPACT: The Public Works proposed operating budget for Fiscal Year 2023/24 includes a total of $277,000 for street and parking lot sweeping services. The contract including extra sweeping services totals $255,917. Therefore upon approval of the budget, there is no additional financial impact to the general fund. Location Account Budget Residential / Commercial Street Sweeping 1104310-4332000 $225,000 Corporation Yard Parking Lot Sweeping 1104330-4331000 $10,000 Civic Center Parking Lot Sweeping 1104610-4332100 $7,500 Parks Parking Lot Sweeping 1104611-4332501 $6,500 Entrada del Paseo Parking Lot Sweeping 1104614-4392102 $2,500 Aquatic Center Parking Lot Sweeping 2424549-4331101 $10,000 Parkview Office Complex Parking Lot Sweeping 5104195-4369601 $2,500 Presidents Plaza Parking Lot Sweeping 2774373-4309103 $7,500 Presidents Plaza III Parking Lot Sweeping 2824373-4309103 $5,500 TOTAL $277,000 REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Citywide Sweeping Services Maintenance Services Agreement 2. Proposal Item 1H-2 Contract No. ____________ 1 CITY OF PALM DESERT CITYWIDE STREET SWEEPING SERVICES MAINTENANCE SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this 27th 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 M & M Sweeping, Inc., an S-Corporation with its principal place of business at 72152 Northshore St, Unit B, in Thousand Palms, California 92256 (“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 Citywide Street Sweeping Services Project (“Project”) as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 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 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 1H-3 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 David Reyes Jr, Street Maintenance Supervisor, 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 Richard Juge III, 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 which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Item 1H-4 Contract No. ____________ 3 Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, Item 1H-5 Contract No. ____________ 4 ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $2,000,000 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. Item 1H-6 Contract No. ____________ 5 (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved. (F) Reserved. a) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c) Liability arising from the failure of technology products (software) required under the contract for Vendor to properly perform the services intended. d) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e) Liability arising from the failure to render professional services. Item 1H-7 Contract No. ____________ 6 If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. (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. 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. Item 1H-8 Contract No. ____________ 7 (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (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. Item 1H-9 Contract No. ____________ 8 (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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 Item 1H-10 Contract No. ____________ 9 with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 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. Item 1H-11 Contract No. ____________ 10 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thirty Thousand Nine Hundred Seventeen Dollars ($230,917.00) 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 Item 1H-12 Contract No. ____________ 11 constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which 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 Item 1H-13 Contract No. ____________ 12 same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (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: M & M Sweeping Inc. PO Box 878 Thousand Palms, CA 92276 Attn: Richard Judge III City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: David Reyes Jr., Street Maintenance Supervisor Item 1H-14 Contract No. ____________ 13 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or 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. Item 1H-15 Contract No. ____________ 14 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 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 Item 1H-16 Contract No. ____________ 15 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] Item 1H-17 Contract No. ____________ SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND M & M SWEEPING, 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 M & M SWEEPING, INC. By: Its: President Printed Name: Richard Juge III QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1H-18 Contract No. ____________ Exhibit “A” EXHIBIT “A” SCOPE OF SERVICES CITYWIDE SWEEPING SERVICES 1. SCOPE OF WORK Street Sweeping Bids will be made on a unit basis. The curb mile shall be the basis for the contract unit price. A recent inventory of the streets involved in this service indicates there are approximately 250 curb miles to be swept on a biweekly (once every two weeks) basis. Throughout the year, streets may be added or deleted, as new public developments arise or as streets become incorporated into other programs. Parking lots Bids will be made on a per-parking lot basis. The City estimates there is a total of approximately 1,896,695 square feet of area to be swept on a biweekly (once every two weeks) basis. The approximate square footage of each parking lot is provided in the contract specifications solely for the purpose of assisting the bidder in determining a bid price. The bidder understands that the attached map covers all streets to be swept thoroughly and without exception. Full compensation for direct and indirect costs (i.e., labor, supervision, tools, materials, equipment, fuel, water, transportation, and incidentals) required to perform the work and complete the required documentation and reporting shall be considered included in the contract bid price- per-item as listed in the Contractor’s Proposal Submission, and no additional compensation will be allowed therefor. 2. CONTRACT LOCATION Attached and made part of the contract documents are exhibits including street names, City map, and parking lot maps to be swept. 3. SCHEDULING OF WORK Street Sweeping in the City of Palm Desert shall be performed on weekdays only. Work is not permitted on City recognized Holidays. All street sweeping activities shall be coordinated with City’s waste collection service provider (currently Burrtec Waste Industries, Inc.) to avoid conflicting activities in any area. The contractor shall provide City with a schedule for sweeping operations that will occur on the same day of the week whenever performed in each area. The Director of Public Works or designee shall approve the sweeping schedule and any changes. Operation of equipment shall be performed only during the time periods allowed, as follows: Street Sweeping: 1. On residential streets or areas adjacent to residential areas, sweeping will not begin before 6:00 AM and will end by 5:00 PM. 2. The following areas Street sweeping on Palm Desert Drive North, Palm Desert Drive South, 42nd Avenue, Velie Way, Joni Drive, Corporate Way, Lennon Place, & Eclectic Street, shall commence at 4:00 a.m. and must be completed by 6:00 a.m. 3. Contractor shall notify City at least 24 hours in advance of any request to work outside the hours defined above. Item 1H-19 Contract No. ____________ Exhibit “A” 4. Contractor shall notify City at least 24 hours in advance of any changes to the sweeping schedule. 5. Emergency work directed by City is not impacted by these restrictions. Parking lot sweeping 1. Parking lot sweeping shall be performed at a time when the parking lot is at a minimum use (for example late evening or early morning prior to 6:00 a.m.) or as directed. 2. Contractor shall notify City at least 24 hours in advance of any request to work outside the agreed schedule. 3. Contractor shall notify City at least 24 hours in advance of any changes to the sweeping schedule. 4. Emergency work directed by City is not impacted by these restrictions. 4. EQUIPMENT AND LABOR Contractor shall use and furnish, at its expense, all labor, supervision, equipment, transportation, and materials necessary for the satisfactory performance of the work set forth herein. The Contractor shall clean the streets of paper, dirt, sand, and all debris. Machinery and equipment used in the furtherance of the Agreement shall be modern, clean, and maintained in proper working condition at all times. All drivers shall have the necessary commercial license to operate the equipment on public streets. Equipment used shall meet all requirements as set forth by the Air Quality Management District (AQMD) including but not limited to Rule 1186.1-Less Polluting Sweepers for alternative-fuel or less-polluting sweepers. Award shall not be made to bidders who do not meet this requirement. All sweepers used on this contract shall be of mechanical broom type. For certain bike lanes, the City may allow the regenerative air type sweeper. At all times, the Contractor will have a reserved mechanical broom sweeper at their immediate disposal for any and all unforeseen repairs to their primary equipment. Any sweeper used on this contract shall be equipped with a full-width directional amber Light emitting diode (LED) light bar on the back of the vehicle with strobe lights at the top of the sweeper for better visibility. 5. SWEEPING PERFORMANCE The contractor is obligated to perform and uphold good paved-surface sweeping practices such as are considered the industry standard. Sweeping performance standards shall be subject to the approval of the Director of Public Works or designee. Contractor shall be held to the following specific conditions: 1. Contractor shall remove all visible dust and debris including palm fronds from the curb, gutter, and roadway surfaces. Contractor shall sweep each intersection, corner radius, and turn pocket with the special attention needed to remove all sand and debris. 2. Contractor shall sweep areas where the depths of sand and debris are less than three inches at the curb face and less than four feet concentrated width from the curb face. Any accumulation of sand or debris outside of the above parameters will be handled outside this contract as a PM-10 post-event project. Item 1H-20 Contract No. ____________ Exhibit “A” 3. Painted and curbed medians are included in the curb-mile calculation for this contract. Contractor shall sweep painted medians in such a manner as to produce a clean, well- maintained appearance across the width of the median. Contractor shall sweep raised, curbed medians to the same standards as other curbed surfaces. 4. Sweeping operations shall be conducted at a speed not to exceed eight miles per hour. 5. Contractor shall be notified of complaints received by City and shall take corrective action for each valid complaint within 24 hours of notification. Contractor shall notify the City after mitigation of each complaint, within 24 hours. 6. Contractor shall provide regular supervision to the sweeper operator to ensure quality sweeping services. 7. Contractor shall provide quarterly records of the supervision provided. 8. Contractor shall provide daily Global Positioning System (GPS) records of the completed daily sweeping services. 9. Contractor shall provide access to the GPS system for City staff to log in and monitor their start and end time, vehicle speed, and current location. 10. Contractor shall use a water sprayer to substantially control all dust issues. 11. Contractor shall manually remove debris from the gutter and/or street if necessary. 12. Contractor must have immediate access to a backup mechanical broom sweeper in the event of unforeseen mechanical failure and notify the CITY immediately. 13. Contractor shall respond to all city phone calls, e-mails, or text communication within 15 minutes or less. 14. Where areas exist that are not accessible by a sweeper machine, all visible debris, dirt, sand, or dust shall be hand-swept or blown out of the inaccessible area so that removal is made possible. 15. Coachella Valley (CV) Bike Link width must be swept thoroughly. 6. WATER Contractor shall make arrangements for the use of fire hydrants with respective water providers and shall pay for all water used. 7. DISPOSAL OF SWEEPING DEBRIS AND REFUSE Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas at its expense or by utilizing other disposal methods approved by City. 8. SAFETY PRACTICES AND CAL-OSHA CONTRACTOR shall comply with Occupational Safety and Health Administration (OSHA), Cal- OSHA, and American National Standards Institute (ANSI) standards for the type of work being performed. CONTRACTOR shall plan and conduct work in a manner safeguarding all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Relations. Contract staff shall wear OSHA-approved safety equipment at all times during contract work. Contractor shall supply all delineation, signing, and clothing as required by the State of California Department of Transportation. If work along a public right-of-way will require the closure of a traffic lane, Contractor shall notify City at least 24 hours in advance and comply with the procedure outlined in the WATCH Manual. Item 1H-21 Contract No. ____________ Exhibit “A” Any traffic control such as furnishing, placing, and maintaining traffic cones, advance warning signs, flagmen, etc., shall be considered included in the contractor’s fee, and no additional compensation will be made therefor. No road closures will be permitted. CONTRACTOR shall ensure that the public right-of-way is maintained at all times as needed to allow for the safe passage of vehicles, pedestrians, and/or the general public. 9. RESPONSIBILITY FOR JOB SITE CONDITIONS CONTRACTOR agrees that, in accordance with generally accepted ANSI practices, CONTRACTOR will be required to assume sole and complete responsibility for job site conditions during the course of the work; including the safety of all persons and property, and that this requirement shall be made to apply continuously and shall not be limited to normal working hours. 10. DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property, including landscape, be damaged during permitted or contracted operations the contractor conducting the work shall immediately notify the property owners and the Director of Public Works or his designee. Repairs to property damaged by the responsible party shall be made within twenty-four (24) hours, except utility lines, which shall PROMPTLY be reported to Southern California Edison. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Palm Desert. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to CITY. Special attention is drawn to sprinkler systems, manholes, and valve lids on all CITY property. Such repairs shall be completed within twenty-four (24) hours. 11. WORK PERFORMED ON PRIVATE PROPERTY No Contracted Street sweeping shall be performed on private property. 12. DEBRIS REMOVAL & COMPOSTING OF GREEN WASTE Contractor shall remove all debris from the work area on a daily basis. Stockpiling of debris will not be permitted unless prior approval has been obtained from the CITY. All dump and disposal fees shall be included in the bid proposal price. CONTRACTOR is responsible for the proper disposal of all waste materials generated in the performance of this Agreement. All hazardous material will be disposed of in accordance with applicable laws and appropriate records maintained. CONTRACTOR shall submit on a weekly basis to the Director of Public Works or his designee, a listing of the landfill site(s) used and a gross weight slip from the facility, identifying CONTRACTOR by name, city of origin, and gross and tare weight. 13. ILLICIT DISCHARGES CONTRACTOR shall identify to CITY any evidence of illegal or improper dumping as it is identified and again within the monthly report. Illegal or improper dumping reports shall include the date of the discovery, approximate location, and a general description of the material including the volume or weight measure of the debris removed. CONTRACTOR shall report information as noted by the operator regarding the condition, streets, drainage structures, and vehicle parking. Item 1H-22 Contract No. ____________ Exhibit “A” 14. LIQUIDATED DAMAGES Time is of the essence on this project. Should CONTRACTOR fail to finish the work on or before the time stated in the specifications, CONTRACTOR shall be charged by CITY as liquidated damages five hundred dollars ($500.00) for each calendar day that the work remains incomplete beyond the dates specified. The assessment of liquidated damages is intended to cover expenses incurred by CITY for additional inspection and administrative costs. Any amount so charged shall be deducted by CITY from any monies which otherwise are or become payable to CONTRACTOR. In case all the work called for is not completed in all parts and to all requirements within the time specified, CITY shall have the right to grant or deny an extension of time for completion, as may be seem best to serve the interests of CITY. CONTRACTOR shall not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, floods, epidemics, quarantine, restrictions, strikes, or unusually severe weather. CITY will ascertain the facts and the extent of the delay, and their findings thereon shall be final and conclusive. 15. MEASUREMENT, INVOICING, AND PAYMENT Payment will not be made for any work that has been incorrectly or incompletely done as determined by the Director of Public Works or his designee and contract specifications. CONTRACTOR will be responsible to correct any insufficiency prior to payment. The City of Palm Desert reserves the right to increase or decrease the amount of work as may be deemed necessary or expedient to the Public Works Director or designee. CITY will pay CONTRACTOR within thirty (30) calendar days of receipt of an approved invoice. At the end of each month CONTRACTOR shall submit invoice(s) to CITY for contract work completed. CONTRACTOR’S regular contract invoice shall include but not necessarily be limited to: • Contract number • Invoice number • Invoice date • Location(s) and dates of service Invoices shall be submitted to the City of Palm Desert-Maintenance Services Division, 73-510 Fred Waring Drive, Palm Desert, California 92260. Invoices may also be emailed to the Public Works Department (appw@cityofpalmdesert.org) in Adobe (PDF) format with the appropriate documentation. 16. GENERAL COMPLIANCE WITH LAWS CONTRACTOR will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by CONTRACTOR, or in any way affect the performance of the contract. CONTRACTOR will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of CONTRACTOR’s services with all applicable laws, ordinances, and regulations. 17. CONTRACT PRE-COMMENCEMENT CONFERENCE Item 1H-23 Contract No. ____________ Exhibit “A” A pre-contract (pre-con) conference shall be conducted at the Palm Desert Corporation Yard, 74- 705 42nd Avenue, Palm Desert, California 92260, after the award of the bid and prior to the issuance of a Notice to Proceed with the contract. The job site foreman or superintendent assigned by CONTRACTOR for this project shall be present at the pre-contract meeting. At the pre-contract meeting CONTRACTOR will submit a preliminary schedule of work activities for review and approval. The discussion shall include but not be limited to verification of orders; project supervision; on- site inspection; progress schedules and reports; payments to Contractor; safety; other anticipated issues pertinent to the project. CITY will issue the notice to proceed at the contract initiation meeting. LOCATION OF WORK Attached hereto and made a part hereof of the contract documents are exhibits including City Map and Parking Lot locations. Parking Lot List & Approximate Square Footage Description/Location of Parking Lot Approximate Sq. Ft Aquatic Center ---------------------------------------------------------------------------------------------67,347 Civic Center Park ----------------------------------------------------------------------------------------221,167 Civic Center City Hall -----------------------------------------------------------------------------------149,104 Corporation Yard -----------------------------------------------------------------------------------------164,473 Entrada Del Paseo --------------------------------------------------------------------------------------118,079 Freedom Park ----------------------------------------------------------------------------------------------93,828 Hovley Soccer Park -------------------------------------------------------------------------------------132,066 Ironwood Park ----------------------------------------------------------------------------------------------16,254 Joe Mann Park ---------------------------------------------------------------------------------------------16,122 Magnesia Falls City Park --------------------------------------------------------------------------------31,450 Park View Office Complex ------------------------------------------------------------------------------90,569 Presidents Plaza 3 --------------------------------------------------------------------------------------221,648 Presidents Plaza East ----------------------------------------------------------------------------------146,343 Presidents Plaza West ---------------------------------------------------------------------------------140,863 San Pablo Corridor --------------------------------------------------------------------------------------287,382 Approximately Total Contract Square Footage -------------------------------------------1,896,695 Item 1H-24 Contract No. ____________ Exhibit “A” Street Sweeping Locations by Street Name 1 42nd Avenue 2 74 Frontage Rd n/o Haystack 3 74 Frontage Rd East 4 74 Frontage Rd W 5 74 Frontage Rd e/o Grapevine 6 A St 7 Abronia Trail 8 Acacia Dr 9 Academy Ln W 10 Adonis Dr 11 Alabama St 12 Alamo Dr 13 Alan Cir 14 Alaska St 15 Alessandro Alley 16 Alessandro Dr 17 Alpine Ln 18 Amaryllis Wy 19 Amber St 20 Ambrosia St 21 Anglewood Dr 22 Anita Cir 23 Arboleda Ave 24 Arrow Trail 25 Aster Dr 26 Audrey Cir 27 Avenida Arcada 28 Avenida Calafia 29 Avenida Estrada 30 Avenida Rosario 31 Avenida Solana 32 Baranda Ct 33 Barberry Ln 34 Beavertail St 35 Bel Air Rd 36 Beverly Dr 37 Birdie Wy 38 Black Rabbit Rd 39 Blazing Star Ln 40 Blueberry Ln 41 Borrego Dr 42 Brighton St 43 Broken Arrow Trail 44 Brushwood Dr 45 Buckboard Trail 46 Buena Cir 47 Burroweed Ln 48 Bursera Wy 49 Buttonwood Dr 50 Cabana Ct 51 Cabrillo Ave 52 Cactus Dr 53 Cahuilla Wy 54 Calico Cactus Ln 55 California Ave 56 CallaWy Ct 57 Calliandra St 58 Candlewood St 59 Canterbury Ct 60 Cardiff St 61 Carlotta Dr 62 Carmel Cir 63 Caroline Ct 64 Catalina Wy 65 Centennial Cir 66 Chia Dr 67 Chicory St 68 Chinook Cir E 69 Chinook Cir W 70 Cholla Dr 71 Christian St 72 Clifford St 73 Clifton Forge St 74 Colebridge St 75 College Dr 76 College View Cir E 77 College View Cir W 78 Columbine Cir 79 Connecticut St 80 Coral Bells Cir 81 Coral Gables Ct 82 Corporate Wy 83 Cosmopolitan Lane 84 Corte Placitas 85 Cortesia Wy 86 Covered Wagon Trail 87 Crestview Dr 88 Daisy Ln Item 1H-25 Contract No. ____________ Exhibit “A” 89 Davis Rd 90 Day Lily Cir 91 De Anza Wy 92 Deep Cyn Rd 93 Deergrass Dr 94 Del Coronado Dr 95 Delaware Place 96 Dempsey Dr 97 Desert Holly St 98 Desert Lily Dr 99 Desert Mirage 100 Desert Rose Dr 101 Desert Star Blvd. 102 Desert View Dr 103 Desert Willow Dr 104 Devonshire St 105 Diamondback Rd 106 Dinah Shore e/o Portola to Gerald Ford 107 Dinah Shore w/o Gerald Ford to Portola 108 Dolce Ave 109 Dolmar Ct 110 Drexell Dr 111 Driftwood Dr 112 Driscoll St 113 Dudley Dr 114 Duval Ct 115 Eagle Rd 116 Easy St 117 Eclectic St 118 Edgehill Dr 119 Edinborough St 120 El Camino 121 El Cortez Wy 122 Emerson Dr 123 Enfield Ln 124 Entrepreneur Ln 125 Ephedra Ln 126 Erin St 127 Faber Cir 128 Fairhaven Dr 129 FairWy Dr 130 Falcon Ln 131 Feather Trail 132 Fiddleneck Ln 133 Flagstone Ln 134 Florida Ave 135 Florine Ave 136 Foxhill Ct 137 Freedom Ct 138 Garand Ln 139 Garden Square 140 Gary Ave 141 Gazania Place 142 Georgia St 143 Gloriana Dr 144 Golden Bush Ct 145 Golden Eagle 146 Goldenrod Ln 147 Goldflower St 148 Goleta Ave 149 Grand Cyn 150 Grapevine St 151 Greene Wy 152 Guadalupe Ave 153 Hastings St 154 Hawaii Cir 155 Haystack Rd 156 Hazel Cyn 157 Hedgehog St 158 Heitz Ct 159 Heliotrope Rd 160 HemingWy Ct 161 Hermosa Ln 162 Hollister Dr 163 Homestead Rd 164 Hovley Ct 165 Hovley Gardens 166 Hovley Ln W 167 Idaho St 168 Illinois Ave 169 Imperial Court West 170 Imperial Court East 171 Indian Cyn 172 Indian Hills Wy 173 Indiana Ave 174 Iowa St 175 Ironwood St 176 Jameson Rd 177 Jeri Ln 178 Joni Dr 179 Joshua Rd 180 Joshua Tree St 181 Julie Ln 182 Juniper St 183 Kansas St Item 1H-26 Contract No. ____________ Exhibit “A” 184 Kelsey Cir 185 Kelsey Ct 186 Kentucky Ave 187 King Fisher Cir 188 Kings Cyn 189 Kingston Court West 190 Kingston Court Eest 191 Kokopelli Cir E 192 Kokopelli Cir W 193 Krug Ave 194 Lantana Ave 195 Larkspur Ln 196 Larrea St 197 Las Palmas Ave 198 Latisha Ln 199 Lavender Wy 200 Lennon Place 201 Leslie Ave 202 Little Ben Trail 203 Loma Vista Rd 204 Lotus Ct 205 Louisiana St 206 Lupine Ln 207 Magnesia Falls Dr 208 Manzanita Dr 209 Marigold Dr 210 Market Place 211 Martini Ct 212 Maryn Ct 213 Mason St 214 Melanie Place 215 Merle Dr 216 Mesa View Dr 217 Mimosa Dr 218 Minnesota Ave 219 Miriam Wy 220 Missouri Dr 221 Mondavi Ct 222 Monte Verde Dr 223 Montgomery Ln 224 Moon Ln 225 Moonflower Ct 226 Moss Rose Dr 227 Mountain View 228 Mountain View Ave 229 Myrsine Ave 230 New York Ave 231 Nolina Ct 232 North View Dr 233 Oasis Club Dr 234 Ocotillo Dr 235 Ohio Ct 236 Oklahoma Ave 237 Old Prospector Trail 238 Olive Ct 239 Olympic Dr 240 Opal Dr 241 Orange Blossom 242 Orchid Tree Ct 243 Oregon Cir 244 Pacific Ave 245 Painters Path 246 Palm Desert Dr N 247 Palm Desert Dr S 248 Palmilla Dr 249 Panorama Dr 250 Park Center Dr 251 Parkview Dr 252 Parosella St 253 Pepper Tree Dr 254 Peppergrass St 255 Periwinkle Ct 256 Perris Ln 257 Petunia E 258 Petunia W 259 Phyllis Jackson 260 Pinyon St 261 Pitahaya St 262 Plaza Wy 263 Portola n/o Mesa View to El Paseo 264 Portola s/o El Paseo to Mesa View 265 Posada Ct 266 Prairie Dr 267 Prickly Pear Ln 268 Primrose Ave 269 Princes Plume Ln 270 Purs Ln St 271 Quail Hollow Dr 272 Quailbrush Ave 273 Ramona Ave 274 Rancho Grande Dr 275 Rancho Rd 276 Raven Rd 277 Rebecca Rd Item 1H-27 Contract No. ____________ Exhibit “A” 278 Regency Wy 279 Riata Trail 280 Robin Rd 281 Rockrose Ct 282 Rose Sage Ct 283 Royal Cyn Ln 284 Royal Palm Dr 285 Rutledge Wy 286 Ryway Place 287 Sage Ln 288 Sagebrush Dr 289 Sagewood Dr 290 Salt Cedar St 291 San Anselmo Ave 292 San Antonio Cir 293 San Bonito Cir 294 San Carlos Ave 295 San Clemente Cir 296 San Gorgonio Wy 297 San Jacinto Ave 298 San Jose Ave 299 San Juan Ave 300 San Juan Dr 301 San Luis Rey Ave 302 San Marcos Ave 303 San Marino Cir 304 San Marino Wy 305 San Mateo Ave 306 San Nicholas Ave 307 San Onofre Ave 308 San Pablo Ave 309 San Pascual Ave 310 San Rafael Ave 311 Sand Castle Ln 312 Sand Sage Ct 313 Sandpiper Ct 314 Sandpiper Ct W 315 Santa Anita Ave 316 Santa Margarita Ave 317 Santa Rosa Wy 318 Santa Ynez Ave 319 Santolina Dr 320 Sebastiani Wy 321 Setting Sun Trail 322 Shadow Hills Rd 323 Shadow Lake Dr 324 Shadow Mountain Dr 325 Shady View Dr 326 Shepherd Ln 327 Sheryl Ave 328 Sierra Vista Dr 329 Siesta Trail 330 Silk Tree Ln 331 Silktree Ct 332 Silver Ln 333 Silver Moon Trail 334 Silver Spur Trail 335 Skyward Wy 336 Somera Rd 337 Sonata Ct 338 Sonora Dr 339 Springfield Ln 340 Spider Circle 341 Spyglass Ln 342 Stephanie Cir 343 Stony Hill Ct 344 Stony Hill St 345 Straw Flower Cir 346 Sugarbush Ct 347 Summit View Dr 348 Sun Corral Trail 349 Sun Ln 350 Sun Valley Ln 351 Sundown Ln 352 Sunrise Ln 353 Sunset Ln 354 Susan Cir 355 Sussex St 356 Sweetbush Ln 357 Tamarisk Row 358 Tamarisk St 359 Tampico Dr 360 Technology Dr 361 Tennessee Ave 362 Terraza Dr 363 Texas Ave 364 Theodora Ln 365 Thrush Dr 366 Timothy Cir 367 Toro Peak Rd 368 Towne Center Wy 369 Tumbleweed Ln 370 University Dr 371 Utah Cir 372 Valley View Dr 373 Vanda Cir Item 1H-28 Contract No. ____________ Exhibit “A” 374 Velardo Dr 375 Velie Dr 376 Ventana Ct 377 Verba Santa Dr 378 Verdin Ln 379 Via Fonda 380 Virginia Ave 381 Vista Viejo 382 Warbler Wy 383 Waring Ct 384 Warner Trail 385 Water Lily Cir 386 White Dr 387 Whitestone Ln 388 Wildflower Ln 389 Willington Rd 390 Willow St 391 Wingfoot Dr 392 Wisconsin Ave 393 Woodward Dr 394 Wyoming Ave 395 Yellow Sage Dr 396 York St 397 Yucca Tree Dr Item 1H-29 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 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 1H-30 Contract No. ____________ Exhibit “C” Revised 11-2-20 BBK 72500.00001\32374915.1 EXHIBIT “C” COMPENSATION Line Item Description – Street Sweeping Qty Unit of Measure Unit Cost Total 1 Citywide Street Sweeping Annual Total (250 Curb Miles x 26 Sweepings/year x Unit Cost of Curb Mile) 6500 Curb Mile $28.25 $183,625.00 Total $183,625 Line Item Description - Parking Lots Qty Unit of Measure Unit Cost Total 1 Aquatic Center 12 Month $140.00 $1,680.00 2 Civic Center Park 12 Month $456.00 $5,472.00 3 Civic Center City Hall 12 Month $308.00 $3,696.00 4 Corporation Yard 12 Month $340.00 $4,080 5 Entrada Del Paseo 12 Month $247.00 $2,964 6 Freedom Park 12 Month $196.00 $2,352 7 Hovley Soccer Park 12 Month $274.00 $3,288 8 Ironwood Park 12 Month $40.00 $480.00 9 Joe Mann Park 12 Month $40.00 $480.00 10 Magnesia Falls City Park 12 Month $66.00 $792.00 11 Park View Office Complex 12 Month $188.00 $2,256.00 12 Presidents Plaza East 12 Month $303.00 $3,636.00 13 Presidents Plaza West 12 Month $290.00 $3,480.00 14 Presidents Plaza 3 12 Month $458.00 $5,496.00 15 San Pablo Corridor 12 Month $595.00 $7,140.00 Total $47,292.00 Item 1H-31 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. 754-24 Citywide Sweeping Services RESPONSE DEADLINE: March 16, 2023 at 1:00 pm Report Generated: Thursday, April 13, 2023 M&M Sweeping Inc Proposal CONTACT INFORMATION Company: M&M Sweeping Inc Email: rich@mandmsweeping.com Contact: Richard Juge Address: PO Box 878 Thousand Palms, CA 92276 Phone: (760) 343-3003 Website: www.mandmsweeping.com Submission Date: Mar 16, 2023 12:57 PM Item 1H-32 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Mar 16, 2023 10:15 AM by Richard Juge QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Pass 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 inc lude: 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 1H-33 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services 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 accoun t 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_2023_Street_Sweeping_.doc 2. Bid Guarantee* Pass F SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #Attachments, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK:Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) Item 1H-34 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 4 3. Non-Collusion Declaration* Pass The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has fu ll power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 4. Type of Business* Pass S Corporation (if corporation, two signatures are required) 5. Litigation* Pass Item 1H-35 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 5 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 6. Changes to Agreement* Pass 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 theCity's decision to enter into an Agreement. N/A 7. No Deviations from the RFP* Pass In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 8. Project Team Resumes* Pass Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. Staffing_Resumes.docx Item 1H-36 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 6 9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* Pass (If two (2) signatures are required, include the following information for both signatories) A. Full Name B. Title C. Physical Business Address D. Email Address E. Phone Number Richard Juge III President 72152 Northshore St. Suite E Thousand Palms, CA. 92276 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.* Confirmed PRICE TABLES CITYWIDE SWEEPING Item 1H-37 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 7 Line Item Description Quantity (250 Curb Miles x 26 Annual Sweepings Unit of Measure Unit Cost per Curb Mile Annual Total 1 Citywide Street Sweeping Annual Total (250 Curb Miles x 26 Sweepings/year x Unit Cost of Curb Mile) 6,500 Curb Mile $28.25 $183,625.00 TOTAL $183,625.00 PARKING LOTS See City Maps with Parking Lot Sweeping Areas Line Item Description Quantity Unit of Measure Unit Cost Total 1 Aquatic Center 12 Month $140.00 $1,680.00 2 Civic Center Park 12 Month $456.00 $5,472.00 3 Civic Center City Hall 12 Month $308.00 $3,696.00 4 Corporation Yard 12 Month $340.00 $4,080.00 5 Entrada del Paseo 12 Month $247.00 $2,964.00 6 Freedom Park 12 Month $196.00 $2,352.00 7 Hovley Soccer Park 12 Month $274.00 $3,288.00 8 Ironwood Park 12 Month $40.00 $480.00 Item 1H-38 PROPOSAL DOCUMENT REPORT RFP No. 754-24 Citywide Sweeping Services PROPOSAL DOCUMENT REPORT Request For Proposal - Citywide Sweeping Services Page 8 Line Item Description Quantity Unit of Measure Unit Cost Total 9 Joe Mann Park 12 Month $40.00 $480.00 10 Magnesia Falls City Park 12 Month $66.00 $792.00 11 Park View Office Complex 12 Month $188.00 $2,256.00 12 Presidents Plaza East 12 Month $303.00 $3,636.00 13 Presidents Plaza West 12 Month $290.00 $3,480.00 14 Presidents Plaza 3 12 Month $458.00 $5,496.00 15 San Pablo Corridor 12 Month' $595.00 $7,140.00 TOTAL $47,292.00 Item 1H-39 Staffing and Organization Richard Juge President 20 years experience 760-343-3003 MBA Finance 2001 UC Irvine BA Psychology 1996 CSUFullerton CDL License Pat Ortiz Supervisor 12 years experience 760-625-8591 Vaccon Operator, CDL License. Elber Palomeque Driver 15 years experience CDL License Eric Ortiz Driver 3 years experience CDL License Carlos Albarron Driver 20 years experience CDL License Silviano De Oca Driver 25 years experience CDL License Arnulfo Oropeza Driver 15 years experience CDL License Rosie Rivera Office Mgr. 12 years experience 760-343-3003 Everyone has worked at M&M Sweeping for the stated amount of time or longer. Item 1H-40 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Kevin Swartz, Management Analyst II Shawn Muir, Community Services Manager Jeremy Frey, Chief Building Inspector REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS IN THE AMOUNT OF $250,000 RECOMMENDATION: 1. Approve Change Order No. 1 to Contract No. C44600 with Garland/DBS, Inc. for roof repairs and related services on City-owned buildings in the amount of $250,000, increasing the annual contract amount to $500,000. 2. Appropriate $146,177 from General Fund Balance committed to Facility Reserves and transfer to Building Maintenance Fund, Account No. 4504164-4388500 for the Artists Council re-roof in Fiscal Year 2022/23. 3. Authorize the City Manager or designee to review and execute one-year extensions/amendments at established contract amount, and any change orders per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the Mayor and/or City Manager to execute Change Order No.1 to the agreement. BACKGROUND/ANALYSIS: The Facilities Division is responsible for roof repairs on all City-owned buildings including ancillary park amenities. Most of the City buildings were constructed 15 to 30 years ago, and maintenance staff and contractors have performed routine maintenance (cleanings) and repairs (cracks and leaks). Although immediate roofing issues can be addressed as emergency response, this can be difficult and time-consuming due to the limited availability of qualified companies to perform these services. To implement a more proactive approach for preventative and routine maintenance, on December 15, 2022, the City Council approved Contract No. C44600 with Garland/DBS, Inc. for roof repairs on all City-owned buildings in an amount not to exceed $250,000 per fiscal year. The contract term expires on June 30, 2026, and the City has the option to renew the contract for two additional one-year terms. Garland has developed a program called the “Dry Zone”, that addresses roof repairs and maintenance work for various municipalities. This program has been successfully utilized by the City’s Housing Authority since 2016. Through a contract with Garland, each City-owned building roof condition will be assessed, and a report uploaded to the Roof Assessment Management Program (RAMP). Garland includes providing recommendations along with Task Order proposals by obtaining bids for specific projects to obtain the best value. Item 1I-1 City of Palm Desert Change Order No.1 to Contract No. C44600 Page 2 of 3 Previously, Garland provided two proposals from three vendors for a re-roof and a one-year maintenance roof repair program. The proposals were priced based upon current market demands (October 2022). Initially, staff planned to schedule a one-year maintenance roof repair commencing April 2023, at the various buildings and re-roof a couple of buildings per year commencing in Fiscal Year 2023/24. However, due to the recent rains, staff found that the Artists Council roof, which is approximately 15 years old and has never been replaced, suffered major cracks and several new leaks. Therefore, in February 2023, staff contacted Garland who obtained the following three (3) re-roof proposals based upon current market demands: Company Cost C.I. Services $344,960 R&R Roofing $266,969 Rite Way Roofing $382,013 Due to the age of the Artists Council’s roof and its current state, staff recommend the immediate re-roof of the building by allowing Garland to award said work to R&R Roofing, the lowest proposal at $266,969, which includes a 30-year warranty. Staff also request an additional $30,000 for unforeseen conditions for a total of $296,969. As part of Garland’s contract, the scope of work includes conducting full roof assessments for all City-owned buildings and providing recommendations along with Task Order proposals Garland has also provided a roof assessment for the Council Chambers and the proposed cost for repairs was $171,154. This price will include a one-year warranty on the roof. These improvements are necessary to prevent further damage to the roof, as well as potential damage to the interior of the building. Based on current contractors’ bids (materials and labor) as shown with the Artists Council building and in anticipation of several building roof repairs, including Council Chambers, staff recommends increasing the annual contract amount from $250,000 to $500,000 per fiscal year. FINANCIAL IMPACT: The approved Capital Improvement Project List for Fiscal Year 2022/23 includes the funds in the amount of $383,193 for roof repairs at the Council Chambers, Henderson and Artists Council Buildings. The total cost for the scheduled repairs amounts to $478,123. Staff requests an appropriation of $146,177 from the General Fund Balance committed to Facility Reserves for the Artists Council roof repair. The Council Chambers roof repairs shares an expense account with the Henderson Roof Repair Project; however, the Henderson repairs have been scheduled for Fiscal Year 2023/24 pending Garland’s assessment. Therefore, the available funds in that Company Cost One-Year Maintenance C.I. Services $281,907 $41,829 R&R Roofing $282,823 $61,270 Rite Way Roofing $352,235 $51,240 Item 1I-2 City of Palm Desert Change Order No.1 to Contract No. C44600 Page 3 of 3 account will be reassigned to the Council Chambers Roof Repairs Project and the balance will go to another slated project. Location Account Budget Expenses Council Chamber Roof Repairs 4504164-4400100 $137,401 $171,154 Henderson Roof Repairs $ 95,000 $0 Unused Henderson Budget ($ 61,427) SUBTOTAL $171,154 $171,154 Artists Council Roof Repairs 4504164-4388500 $150,792 $296,969 Requested Appropriation $146,177 GRAND TOTAL $468,123 $468,123 Garland is currently conducting assessments of each the building’s roofs, so staff will allocate the funding as needed during each annual budget process. This does not mean the full amount of the contract will be allocated or expended each fiscal year. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Garland/DBS, Inc Proposal - Council Chamber 2. Garland/DBS, Inc Proposal - Artists Council 3. Contract Change Order No. 1 for C44600 Item 1I-3 Item 1I-4 Item 1I-5 Item 1I-6 Item 1I-7 Item 1I-8 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 1I-9 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 1I-10 Page 1 of 3 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Jessica Gonzales, Housing Manager Chris Gerry, Project Manager REQUEST: AWARD A CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF THOUSAND PALMS, CALIFORNIA, FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION IN THE AMOUNT OF $2,274,467.70 (PROJECT NO. 819-20) RECOMMENDATION: 1.Award a Contract for the One Quail Place Parking Lot Rehabilitation to Jacobsson Engineering Construction, Inc., of Thousand Palms, California in the total amount of $2,274,467.70. 2.Authorize the Finance Director to set aside 20% contingency or $454,893.54 for unforeseen conditions. 3.Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount of $454,893.54 for unforeseen conditions. 4. Appropriate $1,157,629.59 from the Housing Authority’s Committed Reserve Funds to Account Number 8714195-4331100 Housing Authority Replacement Expenditures. 5.Authorize the Executive Director or his designee to take any necessary actions to facilitate the agreement, to execute the agreement and any documents necessary to effectuate the actions taken herewith. 6.Authorize the Executive Director or designee to execute the Notice of Completion (NOC) and the Secretary to file the NOC upon satisfactory completion of the Project. BACKGROUND/ANALYSIS: Approval of this request allows Jacobsson Engineering Construction, Inc., (Contractor) to proceed with the construction of the One Quail Place Parking Lot Rehabilitation (Project). Staff recommends awarding a contract to the Contractor for the Project in the total amount of the proposal of $2,274,467.70 for the base contract with contingency for any additional unforeseen conditions necessary to be completed not to exceed $454,893.54. The Palm Desert Housing Authority (Authority) owns and manages One Quail Place (Property), which is an approximate 18-acre affordable housing complex consisting of 384 rental units located at 72600 Fred Waring Drive. The Property includes, but is not limited to, pools and spas, basketball and volleyball courts, tennis courts, playground, laundry facilities, assigned covered carport parking, and residential services provided onsite. The Property continues to serve as one of the Authority’s most desirable properties due to its location and vast amenities. Item 1J-1 Palm Desert Housing Authority One Quail Place Parking Lot Rehabilitation Page 2 of 3 The Property has various exterior areas that are in need of major rehabilitation including asphalt concrete and Portland cement concrete throughout the parking areas, select carports, and accessibility deficiencies. Bids were solicited for this Project and it includes, but is not limited to, the cold milling of asphalt concrete (121,500 square feet); full-depth removal of asphalt concrete and reconstruction with Portland cement concrete (63,000 square feet); full-depth removal and reconstruction of Portland cement concrete (20,700 square feet); removal and construction of new carports; and various accessibility and other improvements along the perimeter of the parking areas. The Project was estimated in excess of $2.5 million and anticipated to be completed within 75 calendar days from the issuance of the Notice to Proceed. Rejection of Previous Bids Staff previously advertised the Project on December 16, 2022. Staff received six bids by the deadline of January 20, 2023. Upon receipt of the bids, the contractor submitting the lowest bid did not submit its bid guarantee (bond) in original hardcopy to the City Clerk prior to the specified date and time for the bid opening, as required by the bid specifications (reflecting a previous City practice). The contractor identified conflicting language in the bidding instructions. At the advice of legal counsel, the Authority Board rejected all bids on February 16, 2023, and authorized staff to readvertise the Project immediately. Readvertisement The Authority readvertised the Project on February 24, 2023, held a non-mandatory site visit on March 8, 2023, and received four bids by the deadline of March 27, 2023. Contractor Location Total Bid Jacobsson Engineering Construction, Inc. Thousand Palms, CA $2,274,467.70 Mamco, Inc. dba Alabbasi Perris, CA $2,329,999.00 LC Paving & Sealing Escondido, CA $2,661,969.65 I E General Engineering, Inc. Beaumont, CA $2,883,465.40 Staff reviewed the bid received from Jacobsson Engineering and determined that it is the lowest responsible bidder submitting a responsive bid. In addition, staff conducted reference checks on the Contractor, and identified they are approachable, available, and known for problem solving. As a result, staff recommends that the Authority Board approve this request and related actions. Note the lowest bid from the previous bidding period was in the amount of $2,329,999. The lowest bid is now approximately $55,000 less when compared to the previous bidding period. During the readvertising period, an additional 10 carports were identified for replacement (three 6-space carports and seven 8-space carports). Staff is currently working toward having the additional carports removed in the immediate future and is also working with the Contractor on a unit cost for the replacement of those carports. Staff anticipates using as much contingency as appropriate to cover the replacement costs. Item 1J-2 Palm Desert Housing Authority One Quail Place Parking Lot Rehabilitation Page 3 of 3 Strategic Plan: This request does not apply to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation on April 26, 2023. Upon request, a verbal report will be provided at the Authority Board meeting of April 27, 2023. FINANCIAL IMPACT: The fiscal impact of this contract is the cost of the contract in the amount of $2,274,467.70 plus 20% contingency in the amount of $454,894.00 (for unforeseen conditions) for a total of $2,729,361.70 which will be paid from Authority’s Capital Replacement Fund. There is no financial impact to the City’s General Fund. Project Funding Source Description Total Project Cost PDHA Replacement Expenditures Housing Authority Capital Replacement Budget Construction $ 2,274,467.70 Construction Contingency $ 454,893.54 Total: $ 2,729,361.24 REVIEWED BY: Economic Department Director: Amy Lawrence for Eric Ceja Public Works Department Director: Martin Alvarez Special Counsel to the Housing Authority: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo Executive Director: Todd Hileman ATTACHMENTS: 1.Bid Submittal 2.Agreement and Bonds 3.Vicinity Map Item 1J-3 City of Palm Desert PW - Capital Improvement Projects Randy Bowman, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation RESPONSE DEADLINE: March 27, 2023 at 1:00 pm Report Generated: Monday, April 10, 2023 Jacobsson Engineering Construction, Inc. Proposal CONTACT INFORMATION Company: Jacobsson Engineering Construction, Inc. Email: pjohnston@jacobssoninc.com Contact: Patrick Johnston Address: P.O. Box 14430 Palm Desert, CA 92255 Phone: N/A Website: N/A Submission Date: Mar 27, 2023 12:16 PM Item 1J-4 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. BID ACKNOWLEDGMENT* To the Palm Desert Housing Authority, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260. A. In response to the Contract Documents for project number 819 -20 (Re-advertised) and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the Authority to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the Authority, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule. B. This Bid constitutes a firm offer to the Authority which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the Authority and a third party, whichever is earlier. C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the Authority will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid. D. If awarded a Contract, the undersigned agrees to execute and deliver to the Authority within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements. E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid. Item 1J-5 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 3 F.The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as wel l as at the time the Contract is awarded, if the Contract is awarded to the undersigned. 1.If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or 2.If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California. I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Confirmed 2.BID SCHEDULE* IMPORTANT: THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT. FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID. THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the Authority makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer f rom measured quantities of work performed based upon the Unit Price. If the Contract Documents specify Alternate Bid items, the Authority can choose to include any, all, or none of the Alternate Bid items in the Work. If the Authority selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The Authority can award/select Alternate Bid items at any time(s). Item 1J-6 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 4 I certify that I have read, understood the above statement. Confirmed 3. BID GUARANTEE* IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING CASH OR CASHIER'S CHECK:Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline. IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions. Hard Copy Original Bid Bond (delivered before bid submittal deadline) 4. E-Bid Bond Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARENOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK. Bond ID: No response submitted Vendor ID: No response submitted 5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website. The Ohio Casualty Insurance Company Click to Verify Value will be copied to clipboard Item 1J-7 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 5 6. DESIGNATION OF SUBCONTRACTORS* Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO... DESIGNATION_OF_SUBCONTRACTORS_(2).docx 7. BIDDER INFORMATION AND EXPERIENCE FORM* Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE... BIDDER_INFORMATION_AND_EXPERIENCE_FORM.docx 8. NON-COLLUSION DECLARATION* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, orga nization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Item 1J-8 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 6 Confirmed 9.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 Section 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 C ontract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a finan cial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity 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 will use the credit to provide goods or services in the energy sector in Iran. 10.PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: Item 1J-9 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 7 A. Bidder shall maintain a current DIR registration for the duration of the project. B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non- responsive. Confirmed 11. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability f or workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Confirmed 12. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database CA 650389 Click to Verify Value will be copied to clipboard 13. 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. 1000008233 Click to Verify Value will be copied to clipboard Item 1J-10 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 8 14. Type of Business* S Corporation (if corporation, two signatures are required) 15. Type your Legal Company Name Here* State your Company's Name Here. This will be verified against the California Secretary of State's Website. Jacobsson Engineering Construction, Inc. . Click to Verify Value will be copied to clipboard 16. How many years has Bidder’s organization been in business as a Contractor? * 31 17. 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 Dan Jacobsson, President - 72310 Varner Road, Thousand Palms, CA 92276 - danj@jacobssoninc.com - 760-345-8700 Erik Jacobsson, CFO/Treasurer - 72310 Varner Road, Thousand Palms, CA 92276 - erik@jacobssoninc.com - 760-345-8700 PRICE TABLES Item 1J-11 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 9 EXHIBIT A: SHEET 1 - 9 Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $69,760.00 $69,760.00 2 Traffic Control 1 LS $26,750.00 $26,750.00 3 Clearing and Grubbing 1 LS $33,800.00 $33,800.00 4 Striping and Pavement Markings 1 LS $16,500.00 $16,500.00 TOTAL $146,810.00 EXHIBIT A: SHEET 2 - 3 Line Item Description Quantity Unit of Measure Unit Cost Total 5 Cold Mill Asphalt Pavement - 2" Depth 121,518 SF $0.75 $91,138.50 6 Warm-Mix Asphalt Concrete - Overlay 121,518 SF $2.40 $291,643.20 7 Remove and Replace Speed Bumps to Match Existing 15 EA $3,200.00 $48,000.00 8 Furnish and Install Loop Detectors to Match Existing 12 EA $1,000.00 $12,000.00 9 Localized Asphalt Repair (As Needed) 18,000 SF $10.00 $180,000.00 TOTAL $622,781.70 EXHIBIT A: SHEET 4 - 5 Item 1J-12 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 10 Remove Asphalt Pavement and Replace with Portland Cement Concrete Pavement 63,019 SF $10.50 $661,699.50 11 Remove and Replace Portland Cement Concrete 20,717 SF $10.50 $217,528.50 12 Replace / Add Concrete Wheel Stops 237 EA $120.00 $28,440.00 TOTAL $907,668.00 EXHIBIT A: SHEET 6 - 9 Line Item Description Quantity Unit of Measure Unit Cost Total 13 Remove and Replace Curb 144 LF $59.00 $8,496.00 14 Remove Curb 41 LF $20.00 $820.00 15 Construct Curb 32 LF $41.00 $1,312.00 16 Remove and Replace Curb and Gutter 107 LF $82.00 $8,774.00 18 Remove and Replace Curb Ramp 22 EA $2,200.00 $48,400.00 19 Remove Curb Ramp 4 EA $320.00 $1,280.00 20 Construct Curb Ramp 2 EA $1,900.00 $3,800.00 21 Remove and Replace Sidewalk 1,096 SF $22.50 $24,660.00 22 Construct New Concrete Sidewalk 312 SF $18.00 $5,616.00 Item 1J-13 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 11 Line Item Description Quantity Unit of Measure Unit Cost Total 23 Relocate Light 4 EA $17,000.00 $68,000.00 24 Install Decomposed Granite 35 SF $50.00 $1,750.00 25 Remove and Replace Valley Gutter 666 SF $30.00 $19,980.00 26 Construct 8" Thick Valley Gutter 186 SF $25.00 $4,650.00 27 Install Truncated Domes 4 EA $630.00 $2,520.00 28 Remove Sod 76 SF $10.00 $760.00 29 Relocate Pull Box 1 EA $6,200.00 $6,200.00 30 Remove and Replace Under Sidewalk Drain 11 EA $1,800.00 $19,800.00 31 Modify Fence and Add New Gate 1 LS $9,250.00 $9,250.00 32 Construct ADA Improvements near Unit 2713 1 LS $9,000.00 $9,000.00 33 Remove, Furnish, and Install Carport Steel Canopy - 6 Space 2 EA $68,000.00 $136,000.00 34 Remove, Furnish, and Install Carport Steel Canopy - 8 Space 1 EA $68,000.00 $68,000.00 35 Furnish and Install Carport Steel Canopy- 8 Space 2 EA $61,000.00 $122,000.00 36 Lower and Raise Manhole Frames and Covers (if required) 1 EA $1,800.00 $1,800.00 37 Install ADA Parking Stalls 12 EA $575.00 $6,900.00 38 Install ADA Parking Stalls (Van Accessible) 3 EA $590.00 $1,770.00 Item 1J-14 PROPOSAL DOCUMENT REPORT IFB No. 819-20 (Re-advertised) One Quail Place Parking Lot Rehabilitation PROPOSAL DOCUMENT REPORT PUBLIC WORKS - One Quail Place Parking Lot Rehabilitation Page 12 Line Item Description Quantity Unit of Measure Unit Cost Total 39 Install ADA Signage (Entrance) 1 LS $370.00 $370.00 TOTAL $581,908.00 BID ALTERNATE Line Item Description Quantity Unit of Measure Unit Cost Total 40 Lower and Raise Valve Frames and Covers (if required) 17 EA $900.00 $15,300.00 TOTAL $15,300.00 Item 1J-15 DESIGNATION OF SUBCONTRACTORS The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below: (a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and (d) The DIR public works contractor registration number. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contract or License No. DIR Registration Number Warm-Mix Asphalt Concrete 11.9% Matich Corp P.O. Box 10 Highland, CA 92346 149783 A&B 1000004260 Striping & Pavement Markings 1.5% Superior Pavement Markings P.O. Box 278 Beaumont, CA 92223 776306 1000001476 Electrical 3.6% Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 738518 1000004804 Item 1J-16 Portion of Work to be done by Subcontractor Percent of Total Base Bid Name of Subcontractor Location of Business CSLB Contract or License No. DIR Registration Number Car Ports 11.19% M Bar C Construction 1770 La Costa Meadows Drive San Marcos, CA 92078 869960 1000001297 (Attach additional sheets if necessary) Item 1J-17 BIDDER INFORMATION AND EXPERIENCE FORM A. INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: _Jacobsson Engineering Corporation, Inc. __________________________________________ 2.0 Type, if Entity: ______ S Corporation ___________________________ 3.0 Bidder Address: ___P.O. Box 14430, Palm Desert, CA 92255 _______________________________________ _ 760-345-8799 _________________________760-345-8700 Facsimile Number Telephone Number erik@jacobssoninc.com____________________________________________ Email Address 4.0 How many years has Bidder’s organization been in business as a Contractor? _____31_________________________ 5.0 How many years has Bidder’s organization been in business under its present name? ___31_____________________ 5.1 Under what other or former names has Bidder’s organization operated?___N/A____________________________________________ 6.0 If Bidder’s organization is a corporation, answer the following: 6.1 Date of Incorporation: _7/31/1992__________________________ 6.2 State of Incorporation: _California ______________________ 6.3 President’s Name: _Dan Jacobsson 6.4 Vice-President’s Name(s): _N/A______________________________ ________________________________ 6.5 Secretary’s Name: _Natalie Jacobsson 6.6 Treasurer’s Name: _Erik Jacobsson ___________________ Item 1J-18 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: ______________________________________ 7.2 Name and address of all partners (state whether general or limited partnership): _____N/A___________________________________________________ ___________________________________________________________ ___________________________________________________________ 8.0 If other than a corporation or partnership, describe organization and name principals: _____N/A___________________________________________________ ___________________________________________________________ 9.0 What type of work does the Bidder normally perform with its own forces? Demolition, Earthwork, Site Concrete, Dry & Wet Utilities ___________________________________________________________ 10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: ______No_____________________________________________________ ___________________________________________________________ 11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: ______No____________________________________________________ ___________________________________________________________ 12.0 List Trade References: ______Western Water Works – Jennifer – 909-597-7000 ______West Coast Sand & Gravel – Brittany – 800-522-0282 ______Robertson’s Ready Mix – Kem Gotzon – 951-280-1410 ______Desert Sewer Supply – Ted Kriebel – 760-343-2873 ____________________________________________________ _ Item 1J-19 ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Item 1J-20 B.LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Client Reference (agency name/contact info) Description of Bidder’s Work Completion Date Cost of Bidder’s Work Vista Sunrise Apartments Sun Country Builders Jim Meeker 760-630-8042 Demo, earthwork, utilities, concrete 8/31/2023 $990,750.00 Montage R.D.Olson Construction Gary Hoskins ghoskins@rdolson.com Demo, earthwork, grading, sitework, concrete 9/01/2023 $2,098,820.00 Limelight Mammoth Lakes Hotel The PENTA Bldg Group Scott Rodarte 760-423-2233 Demo, earthwork, grading, site utilities, concrete, asphalt 8/01/2024 $5,999,094.00 NBCU Sheriff Facility The PENTA Bldg Group Adam Noureddine 949-501-5325 Wet utilities site concrete 12/31/2023 $750,000.00 Destiny Church Destiny Church Nate Conartt 951-232-6091 Earthwork, grading, site concrete, asphalt paving, storm drain 12/31/2023 $600,000.00 San Manuel Cap Ex Tribal The PENTA Bldg Group Sam Tandus 949-501-5235 Demo, earthwork, hauling, storm drain 6/01/2023 $700,000.00 Item 1J-21 C.LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Client Reference (agency name/contact info) Description of Bidder’s Work Completion Date Cost of Bidder’s Work Coachella Valley Area AE-Co - Jeff Zunino 602-320-3724 Wet Utilities, manholes, dry utilities, grading 12/2022 $8.5 M Cathedral City Casino – Offsite Aqua Caliente – Joe Knotts – 760-408-2688 Demo, earthwork, utilities, concrete, asphalt paving 01/2021 $5.6 M Riverside County - Palm Springs Wash RCFCD – David Garcia 951-955-1288 Excavate & haul dirt 04/2020 $4.7 M Veteran’s Village Doug Wall Construction Doug Wall 760-250-3089 Earthwork, demo, concrete, storm drain 09/2022 $2.2 M Cultural Plaza Aqua Caliente – Joe Knotts – 760-408-2688 Demo, earthwork, storm drain 11/2022 $7 M Pedestrian Roadway Safety City of Coachella – Leonard St. Sauver – 442-307-4947 Demo, concrete, street improvements 3/2023 $1.5 M Item 1J-22 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person’s job title, name and percent of time to be allocated to this project: Erik Jacobsson (Project Manager) Ramiro Corona (Superintendent) Foreman (TBD) 2. Summarize each person’s specialized education: Erik Jacobsson: CPR First Aid, Fugitive Dust Control, Wire Rope Rigging Ramiro Corona: Veriforce, Dust Control, Basic Life Support, Confined - Space Entry, 30 hour OSHA, Competent Person Training, Heat - Illness Prevention, Traffic Control Technician, Poly pipe Fusion Foreman (TBD) 3. List each person’s years of construction experience relevant to the project: Erik Jacobsson – 9 Years Ramiro Corona – 33 ½ Years 4. Summarize such experience: Erik Jacobsson – Project Manager & CFO of Jacobsson Engineering Ramiro Corona – 10 years in trades and 20+ years Superintendent with Jacobsson Engineering Foreman (TBD) Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Item 1J-23 E. ADDITIONAL BIDDER’S STATEMENTS: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: None _______ Item 1J-24 CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. ________, is made and entered into this 27 day of April, 2023, by and between PALM DESERT HOUSING AUTHORITY, a public agency, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the “Authority” and JACOBSSON ENGINEERING CONSTRUCTION, INC., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, noticing, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: One Quail Place Parking Lot Rehabilitation Project No. 819-20 The Palm Desert Housing Authority manages a 384-unit affordable housing complex known as One Quail Place located at 72600 Fred Waring Drive, Palm Desert, California 92260. Various exterior areas are in need of major rehabilitation including, but not limited to, the asphalt concrete and Portland cement concrete through the parking areas; select carports; and accessibility deficiencies. Therefore, this Project includes, but is not limited to, the cold milling of asphalt concrete (~121,500 square feet); full-depth removal of asphalt concrete and reconstruction with Portland cement concrete (~63,000 square feet); full-depth removal and reconstruction of Portland cement concrete (~20,700 square feet); removal and construction of new carports; and various accessibility and other improvements along the perimeter of the parking areas. Contractor is an independent contractor and not an agent of the Authority. The Contractor and its surety shall be liable to the Authority for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Authority’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within seventy-five (75) Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The Authority shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Two-Hundred Seventy-Four Thousand Four- Hundred Sixty-seven Dollars and Seventy Cents ($2,274,467.70). Payment shall be made as set Item 1J-25 ONE QUAIL PLACE PARKING LOT -2- CONTRACT FOR CONSTRUCTION forth in the General Conditions. The Authority will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the Authority will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Authority’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Authority the sum of $1,000.00 for each and every day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Authority may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the Authority, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition Work Area Traffic Control Handbook, latest edition Item 1J-26 ONE QUAIL PLACE PARKING LOT -3- CONTRACT FOR CONSTRUCTION Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. ARTICLE 7. INDEMNIFICATION; INSURANCE. 7.1 Indemnification A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the Authority’s choosing), indemnify and hold harmless the Authority, the City, their respective officials, officers, agents, employees, and representatives, and each of them from and against: 1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the Authority, City or its respective officials, officers, employees, agents, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the Authority, City or their respective officials, officers, employees, agents or authorized volunteers. 2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. 3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, Item 1J-27 ONE QUAIL PLACE PARKING LOT -4- CONTRACT FOR CONSTRUCTION resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the Authority choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Authority, City, their respective officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Authority, City, their respective officials, officers, employees, agents, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the Authority, City, their respective officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. 7.2 Insurance Without limiting Contractor’s indemnification of the Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to Authority. 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 $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 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 Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. C. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Item 1J-28 ONE QUAIL PLACE PARKING LOT -5-CONTRACT FOR CONSTRUCTION Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions: 1.A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2.Pay on behalf of wording as opposed to reimbursement; and 3.Concurrency of effective dates with primary policies; and 4.Policies shall “follow form” to the underlying primary policies; and 5.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) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, City, their respective officials, officers, agents, employees, representatives and volunteers. E.Pollution Liability Insurance. Reserved. F.Builder’s Risk Insurance. Reserved. G.Other Provisions or Requirements 1.Proof of Insurance. Contractor shall provide certificates of insurance to Authority 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 the Authority at all times during the term of this contract. The Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Item 1J-29 ONE QUAIL PLACE PARKING LOT -6-CONTRACT FOR CONSTRUCTION Authority, City and their respective officers, officials, employees, representatives and agents shall continue as additional insureds under such policies. 3.Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the Authority 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 Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4.Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Authority, City, their respective officials, officers, agents, representatives and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 5. Authority’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, the Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Contractor, or the Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Authority may cancel this Contract. 6.Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 7.Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority, the City, their elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority, the City, their elected or appointed officers, agents, officials, employees, representatives and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. Item 1J-30 ONE QUAIL PLACE PARKING LOT -7- CONTRACT FOR CONSTRUCTION 8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Authority 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 Authority. 10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to the Authority with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage. 11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Authority, the City, and their officers, officials, employees, agents, representative and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Authority and approved of in writing. 13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to the Authority for review. Item 1J-31 ONE QUAIL PLACE PARKING LOT -8- CONTRACT FOR CONSTRUCTION 15. Authority’s Right to Revise Requirements. The Authority or the City’s Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the Authority. The Authority 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 the Authority. 17. Timely Notice of Claims. Contractor shall give the Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE 8. PREVAILING WAGES. Contractor and subcontractors shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Authority’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the Authority, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Authority seeks to recover Item 1J-32 ONE QUAIL PLACE PARKING LOT -9-CONTRACT FOR CONSTRUCTION penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 1J-33 ONE QUAIL PLACE PARKING LOT -10- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. PALM DESERT HOUSING AUTHORITY By: L. Todd Hileman Chairman ATTEST: By: Anthony J. Mejia Secretary APPROVED AS TO FORM: By: Best Best & Krieger LLP Authority Attorney JACOBSSON ENGINEERING CONSTRUCTION, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT Item 1J-34 ONE QUAIL PLACE PARKING LOT -11- CONTRACT FOR CONSTRUCTION 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 1J-35 BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the PALM DESERT HOUSING AUTHORITY, a public agency, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the “Authority”) has awarded to JACOBSSON ENGINEERING CONSTRUCTION, INC., (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the Authority, City, and their respective officials, officers, employees, agents representatives and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the Authority in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Authority from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority’s rights or the Contractor or Surety’s Item 1J-36 ONE QUAIL PLACE PARKING LOT -13-BOND FORMS 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 Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority’s option: i.Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii.Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, 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 Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. iii.Permit the Authority to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority 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 Authority, when declaring the Contractor in default, notifies Surety of the Authority’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Item 1J-37 ONE QUAIL PLACE PARKING LOT -14- BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) 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 1J-38 ONE QUAIL PLACE PARKING LOT -15- BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Item 1J-39 ONE QUAIL PLACE PARKING LOT -16-BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Item 1J-40 72500.00001\32656428.1 -17-CONTRACT & BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority, a public agency organized and operating under the laws of the State of California (hereinafter designated as the “Authority”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Authority in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Authority in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of Item 1J-41 72500.00001\32656428.1 -18-CONTRACT & BOND FORMS any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 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 1J-42 72500.00001\32656428.1 -19- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Item 1J-43 72500.00001\32656428.1 -20- CONTRACT & BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND Item 1J-44 Vicinity Map Item 1J-45 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: RECEIVE AND FILE A LETTER OF SUPPORT FOR A PARAMEDIC TRAINING PROGRAM AT THE COLLEGE OF THE DESERT RECOMMENDATION: Receive and file the letter of support for a paramedic training program at the College of the Desert. BACKGROUND/ANALYSIS: At the request of Fire Chief Beverlin, the Legislative Review Committee (Mayor Kelly and Mayor Pro Tem Quintanilla) reviewed and approved issuance of the subject letter and the City Council is requested to receive and file the letter of support for a paramedic training program at the College of the Desert. FINANCIAL IMPACT: There is no fiscal impact associated with issuance of the proposed letter. REVIEWED BY: City Clerk: Anthony J. Mejia City Manager: Todd Hileman ATTACHMENT: Letter of Support Item 1K-1 C I T Y O F P A L M D E S E R T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV April 7, 2023 Sent via email: nlingle@collegeofthedesert.edu College of the Desert Attn: Neil Lingle, Interim Dean of Applied Sciences & Business 43-500 Monterey Avenue Palm Desert, CA 92260 Dear Mr. Lingle: I am writing to express the City of Palm Desert's strong support for the implementation of a paramedic training program at the College of the Desert. As our County continues to grow, we need all our educational partners to help produce trained paramedics who can serve the public and meet the increasing demand for emergency medical services. Historically, the Coachella Valley has been a leader in training long -term leaders in the fire service. A paramedic training program would provide an excellent opportunity for students in the Coachella Valley to obtain full-time jobs with long-term careers in this field. The Coachella Valley and surrounding desert communities are some of the fastest-growing population segments in the Inland Empire, and it is essential that we provide adequate emergency services to meet the needs of this growing population. Relying on only one college to train a much-needed workforce won’t be adequate to meet this need, both now and in the future. I look forward to a strong partnership with the College of the Desert to implement a paramedic training program that will benefit our entire community. Thank you for your consideration. Sincerely, Kathleen Kelly, Mayor City of Palm Desert Item 1K-2 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: March 28, 2023 PREPARED BY: Sarah Castro, Administrative Assistant REQUEST: RECEIVE AND FILE THE MONTHLY INVESTMENT REPORT, GENERAL FUND, PARKVIEW OFFICE COMPLEX, AND DESERT WILLOW GOLF RESORT FINANCIAL REPORTS, FOR THE MONTHS OF JANUARY AND FEBRUARY 2023 RECOMMENDATION: Receive and file the monthly Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for the months of January and February 2023. BACKGROUND/ANALYSIS: On March 28, 2023, the Finance Committee reviewed the financial reports for the months of January and February 2023. The Finance Committee reviews the reports on a bi-monthly basis and then the reports are forwarded to the City Council. Staff recommends the reports be received and filed. FINANCIAL IMPACT: There is no financial impact with this action. REVIEWED BY: Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Investment Report, General Fund, Parkview Office Complex, and Desert Willow Golf Resort Financial Reports for months ending January 31, 2023, and February 28, 2023 Item 1L-1 City of Palm Desert Investments Summary January 2023 The City’s investment portfolio is detailed below. Investment transactions were executed in accordance with the California State Government Code, the City’s Investment Policy and all bond indentures. Investment Portfolio: Book Value Purchases &Redemptions &Book Value % of Asset Class 1/1/2023 Deposits Withdrawals 1/31/2023 Portfolio Agencies 40.97$ -$ -$ 40.97$ 13% Corporates 35.00 - (5.00) 30.00 10% Negotiable CD's - - - - 0% CAMP Pool 52.50 5.20 - 57.70 18% LAIF Pool 20.51 - - 20.51 7% County Pool 75.00 - - 75.00 24% Custodian ®63.39 0.21 - 63.60 20% Trustee ®2.94 - - 2.94 1% Cash 9.49 25.00 (11.13) 23.36 7% Total 299.80$ 30.41$ (16.13)$ 314.08$ 100% ® = Restricted funds based upon bond indenture terms. Key Trends Major changes to the portfolio during the month of January include the addition of $5.0 M from matured investments, $7.62 M from the sale of land, $6.26 M from Riverside County Property Tax Settlements, and a $5.0 M deposit to the CAMP Investment pool. Portfolio Allocations, Maturities and Performance: 53% 23% 10% 14% Local Govt Restricted Custody/Trustee Corporate Agency Investment Allocation - 2 4 6 8 10 9M 1Y 2Y 3Y 4Y 5Y Investment Maturity 0 1 2 3 4 5 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan Performance -Total Porfolio City Yield LAIF Yield 1Y T-Bill DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-2 CITY OF PALM DESERT Portfolio Management January 31, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. CAMP 57,708,970.89 119.85 4.530157,708,970.8957,708,970.89 FEDERAL AGENCY - COUPON 13,992,985.81 3494.81 0.43983013,465,070.0014,000,000.00 LAIF 20,517,139.13 17.06 2.425120,517,139.1320,517,139.13 FEDERAL AGENCY - CALLABLE 26,979,285.35 5379.28 2.30387326,219,810.0027,000,000.00 TRUSTEE CASH BALANCES 2,945,555.34 11.01 0.23412,945,555.342,945,555.34 MEDIUM-TERM NOTES 29,995,799.23 80010.32 2.9171,11829,188,710.0030,000,000.00 CUSTODIAN PROJECT FUNDS 63,595,115.20 121.87 4.110163,595,115.2063,595,115.20 RIVERSIDE COUNTY POOL 74,996,502.95 125.80 3.150174,996,502.9574,996,502.95 290,731,353.90 100.00%Investments 288,636,873.51290,763,283.51 150 237 3.320 Cash (not included in yield calculations) Passbook/Checking 23,353,202.00 1 0.000123,353,202.0023,353,202.00 314,084,555.90Total Cash and Investments 311,990,075.51314,116,485.51 150 237 3.320 Current Year January 31 1,070,693.33 Fiscal Year To Date 4,054,214.12 Average Daily Balance Effective Rate of Return 296,855,797.08 4.25% Total Earnings Month Ending This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund city expenditures for the next six months. Union Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio CITY AP Reporting period 01/01/2023-01/31/2023 Run Date: 03/10/2023 - 09:02 PM (PRF_PM1) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-3 YTM/C 365 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date CAMP 4.530C.A.M.P. POOL (CITY)13 55,431,457.63 55,431,457.63 4.53055,431,457.63SYS13 1 4.530C.A.M.P. POOL (DESERT WILLOW)12444 2,277,513.26 2,277,513.26 4.5302,277,513.26SYS12444 1 57,708,970.8957,708,970.8957,708,970.8952,663,436.73Subtotal and Average 4.530 1 U.S. BANK / LAIF BOND PROCEEDS 0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 1 0.000.000.000.00Subtotal and Average 0.000 0 FEDERAL AGENCY - COUPON 0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,758.85 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 635 0.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 310 0.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,995,028.03 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 257 0.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,998,198.93 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 219 13,992,985.8113,465,070.0014,000,000.0013,992,590.35Subtotal and Average 0.439 349 LAIF 2.425LOCAL AGENCY INVESTMENT FUND12000 20,517,139.13 20,517,139.13 2.42520,517,139.1312000 1 20,517,139.1320,517,139.1320,517,139.1320,517,139.13Subtotal and Average 2.425 1 FEDERAL AGENCY - CALLABLE 0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,981,200.17 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 691 0.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,352.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 261 0.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,998,732.68 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 253 0.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 544 0.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 296 5.006FEDERAL HOME LOAN BANK756 5,000,000.00 5,000,000.00 02/16/20245.00011/16/2022 5,000,000.00 Aaa3130ATS99 380 5.969FEDERAL HOME LOAN BANK758 5,000,000.00 5,000,000.00 11/14/20255.00011/14/2022 5,000,000.00 Aaa3130ATS73 1,017 26,979,285.3526,219,810.0027,000,000.0026,978,792.61Subtotal and Average 2.303 537 TRUSTEE CASH BALANCES 0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 1 Portfolio CITY AP Run Date: 03/10/2023 - 09:02 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-4 YTM/C 365 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date TRUSTEE CASH BALANCES 0.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1 4.230GOLDMAN SACHS GOVERNMENT FUND404 26.94 26.94 4.23026.94 Aaa260128000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 1 4.220GOLDMAN SACHS GOVERNMENT FUND416 130.96 130.96 4.220130.96 Aaa260128009-G 1 4.220GOLDMAN SACHS GOVERNMENT FUND417 830.08 830.08 4.220830.08 Aaa260128010-G 1 4.220GOLDMAN SACHS GOVERNMENT FUND418 162,616.21 162,616.21 4.220162,616.21 Aaa260128011-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND671 22.60 22.6022.60 Aaa263346000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND672 0.31 0.3107/01/2022 0.31 Aaa263346001-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND673 0.19 0.190.19 Aaa263346002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND674 874,218.31 874,218.31874,218.31 Aaa263346003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND676 0.00 0.00 0.03007/01/2022 0.00 Aaa263346005-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND679 1.52 1.52 0.03007/01/2022 1.52 Aaa263599000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND680 81.12 81.1207/01/2022 81.12 Aaa263599001-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,823.68 1,416,823.681,416,823.68 Aaa263599002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND685 11.61 11.6111.61 Aaa271146000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND687 0.03 0.0307/01/2022 0.03 Aaa271146001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND688 0.03 0.03 0.03007/01/2022 0.03 Aaa271146002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND689 468,409.81 468,409.81468,409.81 Aaa271146003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 1 Portfolio CITY AP Run Date: 03/10/2023 - 09:02 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-5 YTM/C 365 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date TRUSTEE CASH BALANCES 0.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1 0.005GOLDMAN SACHS GOVERNMENT FUND744 22,379.71 22,379.71 0.00522,379.71 Aaa263599004 1 2,945,555.342,945,555.342,945,555.342,945,015.19Subtotal and Average 0.234 1 MEDIUM-TERM NOTES 0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 466 0.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,064.54 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 471 5.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 698 6.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,731 3.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 903 0.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 503 0.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,998,762.19 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 503 0.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,998,972.50 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 503 29,995,799.2329,188,710.0030,000,000.0031,447,289.84Subtotal and Average 2.917 800 CUSTODIAN PROJECT FUNDS 4.110FIRST AMERICAN US TREASURY MMF647 5,902,537.98 5,902,537.98 4.1105,902,537.98 Aaa6736302420-G 1 4.110FIRST AMERICAN US TREASURY MMF648 25,740,649.26 25,740,649.26 4.11025,740,649.26 Aaa6736302430-G 1 4.110FIRST AMERICAN US TREASURY MMF649 12,185,501.66 12,185,501.66 4.11012,185,501.66 Aaa6736302440-G 1 4.110FIRST AMERICAN US TREASURY MMF650 19,766,426.30 19,766,426.30 4.11019,766,426.30 Aaa6736302450-G 1 63,595,115.2063,595,115.2063,595,115.2063,394,912.57Subtotal and Average 4.110 1 RIVERSIDE COUNTY POOL 3.150POOLED INVESTMENT FUND052460 74,996,502.95 74,996,502.95 3.15074,996,502.95 Aaa052460 1 74,996,502.9574,996,502.9574,996,502.9574,996,502.95Subtotal and Average 3.150 1 CUSTODIAN PROJECT FUNDS 0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 1 0.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 1 0.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 1 0.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 1 0.000.000.000.00Subtotal and Average 0.000 0 Portfolio CITY AP Run Date: 03/10/2023 - 09:02 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-6 YTM/C 365 Page 4 Par Value Book Value Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date 296,855,797.08 290,763,283.51 3.320 150288,636,873.51 290,731,353.90Total and Average Portfolio CITY AP Run Date: 03/10/2023 - 09:02 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-7 YTM/C 365 Page 5 Par Value Book Value Stated RateMarket Value January 31, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date CUSTODIAN PROJECT FUNDS 0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1 UNION BANK CHECKING ACCOUNTS 0.000CITY OF PALM DESERT MAIN13016 17,963,558.23 17,963,558.2317,963,558.23SYS13016 1 0.000DESERT WILLOW GOLF COURSE13013 3,225,908.41 3,225,908.4107/01/2022 3,225,908.41SYS13013 1 0.000PUBLIC SAFETY CHECKING602 542,289.03 542,289.0307/01/2022 542,289.03SYS602 1 0.000RECREATIONAL FACILITIES CORP13020 1,621,446.33 1,621,446.3307/01/2022 1,621,446.33SYS13020 1 0.00 296,855,797.08 314,116,485.51 3.320 150 1Average Balance 311,990,075.51 314,084,555.90Total Cash and Investments Portfolio CITY AP Run Date: 03/10/2023 - 09:02 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-8 CITY OF PALM DESERT LONG-TERM LOANS RECEIVABLE January 31, 2023 10-Mar-23 10:11 AM SymPro Book Stated No.Investment Value Maturity Date Interest Rate 1 City Loan to RDA*-$ N/A 0.20% 348 EIP Loan **1,067,000.00$ 09/02/34 7.00% 594 Highlands Utility Undergrounding ***22,947.33$ 09/02/36 5.35% Assessment District 04-01 Deferred Loan Footnotes *On May 17, 2019, the California State Department of Finance (DOF) denied the 1986 City Loan in the principal amount of $6,000,000 as an enforceable obligation of the Successor Agency of the Palm Desert Redevelopment Agency. Several attempts have been made to challenge this decision. The DOF, however, continues to maintain its position and its interpretation of the dissolution law as it relates to the loans. ** EIP balance adjustments made on March 2 and on September 2 of each year. *** Highlands balance adjustments made on March 2 and on September 2 of each year. DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-9 PALM DESERT HOUSING AUTHORITY Portfolio Management January 31, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. CAMP 49,880,394.97 198.05 4.530149,880,394.9749,880,394.97 LAIF 983,613.96 11.93 2.4251983,613.96983,613.96 CUSTODIAN PROJECT FUNDS 10,337.05 10.02 4.110110,337.0510,337.05 50,874,345.98 100.00%Investments 50,874,345.9850,874,345.98 1 1 4.489 Cash (not included in yield calculations) Passbook/Checking 4,566,255.49 1 0.00014,566,255.494,566,255.49 55,440,601.47Total Cash and Investments 55,440,601.4755,440,601.47 1 1 4.489 Current Year January 31 183,186.82 Average Daily Balance Effective Rate of Return 55,122,647.46 3.91% Total Earnings Month Ending This investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund Housing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio HA AP Reporting period 01/01/2023-01/31/2023 Run Date: 03/10/2023 - 09:10 PM (PRF_PM1) 7.3.11No fiscal year history available Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-10 Days to Mat./Call Page 1 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management PALM DESERT HOUSING AUTHORITY YTM/C 365Moody'sCUSIPInvestment # Purchase Date CAMP 1CA ASSET MANAGEMENT PROGRAM12008 49,880,394.97 49,880,394.97 4.53049,880,394.97SYS12008 4.530 49,880,394.9749,880,394.9749,880,394.9749,695,425.77Subtotal and Average 1 4.530 CUSTODIAN PROJECT FUNDS 1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.010 0.000.000.000.00Subtotal and Average 0 0.000 LAIF 1LOCAL AGENCY INVESTMENT FUND21003 983,613.96 983,613.96 2.425983,613.96SYS21003 2.425 983,613.96983,613.96983,613.96983,613.96Subtotal and Average 1 2.425 CUSTODIAN PROJECT FUNDS 1FIRST AMERICAN US TREASURY MMF597 10,337.05 10,337.05 4.11001/01/2021 10,337.05 Aaa6736302460-G 4.110 10,337.0510,337.0510,337.05333.45Subtotal and Average 1 4.110 55,122,647.46 50,874,345.98 1 4.48950,874,345.98 50,874,345.98Total and Average Portfolio HA AP Run Date: 03/10/2023 - 09:10 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-11 Days to Mat./Call Page 2 Par Value Book Value Stated RateMarket Value January 31, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management PALM DESERT HOUSING AUTHORITY YTM/C 365Moody'sCUSIPInvestment # Purchase Date CHECKING 1HOUSING AUTH CHECKING25015 4,079,458.99 4,079,458.994,079,458.99SYS25015 0.000 1HOUSING AUTH TRUST25016 486,796.50 486,796.5007/01/2020 486,796.50SYS25016 0.000 0.00 55,122,647.46 55,440,601.47 1 4.489 1Average Balance 55,440,601.47 55,440,601.47Total Cash and Investments Portfolio HA AP Run Date: 03/10/2023 - 09:10 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-12 RDA SUCCESSOR AGENCY Portfolio Management January 31, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. RIVERSIDE COUNTY POOL 338.51 10.00 3.1501338.51338.51 CAMP 5,852.21 10.04 4.53015,852.215,852.21 LAIF 751.35 10.00 2.4251751.35751.35 TRUSTEE CASH BALANCES - MMA 15,383,242.13 197.37 0.000115,383,242.1315,383,242.13 TRUSTEE CASH BALANCES - GF 408,504.10 12.59 4.2201408,504.10408,504.10 15,798,688.30 100.00%Investments 15,798,688.3015,798,688.30 1 1 0.111 Cash (not included in yield calculations) Passbook/Checking 27,320,461.52 1 0.000127,320,461.5227,320,461.52 43,119,149.82Total Cash and Investments 43,119,149.8243,119,149.82 1 1 0.111 Current Year January 31 1,542.95 Average Daily Balance Effective Rate of Return 22,495,023.77 0.08% Total Earnings Month Ending This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash to fund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio RDAS AP Reporting period 01/01/2023-01/31/2023 Run Date: 03/10/2023 - 09:14 PM (PRF_PM1) 7.3.11No fiscal year history available Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-13 Days to Mat./Call Page 1 Par Value Book Value Maturity Date Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date RIVERSIDE COUNTY POOL 1POOLED INVESTMENT FUND052470 338.51 338.51 3.15007/01/2020 338.51 Aaa052470 3.150 338.51338.51338.51338.51Subtotal and Average 1 3.150 CAMP 1C.A.M.P. POOL (RDA S.A.)578 5,852.21 5,852.21 4.5305,852.21SYS578 4.530 5,852.215,852.215,852.215,830.51Subtotal and Average 1 4.530 LAIF 1L.A.I.F. (RDA S.A.)604 751.35 751.35 2.42507/01/2020 751.35SYS604 2.425 751.35751.35751.35751.35Subtotal and Average 1 2.425 TRUSTEE CASH BALANCES - MMA 1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT834 527,989.93 527,989.93527,989.93 P-1247394000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT839 7,435,986.33 7,435,986.337,435,986.33 P-1236781000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT844 2,950,545.60 2,950,545.602,950,545.60 P-1253446000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT853 4,468,673.29 4,468,673.294,468,673.29 P-1224324000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.000 15,383,242.1315,383,242.1315,383,242.1315,383,178.91Subtotal and Average 1 0.000 TRUSTEE CASH BALANCES - GF 1GOLDMAN SACHS GOVERNMENT FUND811 408,504.10 408,504.10 4.220408,504.10 Aaa277861000-G 4.220 1GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.030 1GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.030 1GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030 Portfolio RDAS AP Run Date: 03/10/2023 - 09:14 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-14 Days to Mat./Call Page 2 Par Value Book Value Stated RateMarket Value January 31, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date 408,504.10408,504.10408,504.10407,183.95Subtotal and Average 1 4.220 22,495,023.77 15,798,688.30 1 0.11115,798,688.30 15,798,688.30Total and Average Portfolio RDAS AP Run Date: 03/10/2023 - 09:14 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-15 Days to Mat./Call Page 3 Par Value Book Value Stated RateMarket Value January 31, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date UNION BANK CHECKING ACCOUNTS 1RDA SUCCESSOR AGENCY582 27,320,461.52 27,320,461.5227,320,461.52SYS582 0.000 0.00 22,495,023.77 43,119,149.82 1 0.111 1Average Balance 43,119,149.82 43,119,149.82Total Cash and Investments Portfolio RDAS AP Run Date: 03/10/2023 - 09:14 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-16 PALM DESERT RDA SUCCESSOR AGENCY LONG-TERM LOANS RECEIVABLE JANUARY 31, 2023 10-Mar-23 10:17 AM . SymPro Book Stated No.Investment Value Maturity Date Interest Rate 738 EIP Loan *145,000.00$ 09/02/29 3.00% Footnotes *EIP balance adjustments made on March 2 and September 2 of each year. DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-17 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-18 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-19 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-20 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-21 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-22 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-23 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-24 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-25 2/2/23, 8:16 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund PO Box 942809 Sacramento, CA 94209-0001 (916) 653 3001 February 02, 2023 LAIF Home PMIA Average Monthly Yields CITY OF PALM DESERT CITY TREASURER 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Account Number: January 2023 Statement Tran Type Definitions Effective Date Transaction Date Tran Type Confirm Number Web Confirm Number Authorized Caller Amount 1/13/2023 1/12/2023 QRD 1722369 N/A SYSTEM 163,722.48 Account Summary Total Deposit:163,722.48 Beginning Balance:20,353,416.65 Total Withdrawal:0.00 Ending Balance:20,517,139 13 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-26 2/2/23, 8:17 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund PO Box 942809 Sacramento, CA 94209-0001 (916) 653 3001 February 02, 2023 LAIF Home PMIA Average Monthly Yields PALM DESERT HOUSING AUTHORITY CITY TREASURER 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Account Number: January 2023 Statement Tran Type Definitions Effective Date Transaction Date Tran Type Confirm Number Web Confirm Number Authorized Caller Amount 1/13/2023 1/12/2023 QRD 1720890 N/A SYSTEM 5,111.66 Account Summary Total Deposit:5,111.66 Beginning Balance:978,502.30 Total Withdrawal:0.00 Ending Balance:983,613 96 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-27 2/2/23, 8:17 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund PO Box 942809 Sacramento, CA 94209-0001 (916) 653 3001 February 02, 2023 LAIF Home PMIA Average Monthly Yields S/A TO THE PALM DESERT REDEVELOPMENT AGENCY FINANCE DIRECTOR 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Account Number: January 2023 Statement Tran Type Definitions Effective Date Transaction Date Tran Type Confirm Number Web Confirm Number Authorized Caller Amount 1/13/2023 1/12/2023 QRD 1721315 N/A SYSTEM 3.90 Account Summary Total Deposit:3.90 Beginning Balance:747.45 Total Withdrawal:0.00 Ending Balance:751 35 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-28 DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-29 Fund Detail Report Parameters:Query: Fund Detail County of Riverside Treasurer-Tax Collector Run Date:02-Feb-2023 10:15:01 AM User:Susan From : To : As at : 01-Jan-2023 31-Jan-2023 02-Feb-2023 Balance Calculation Based On:Value Date Closing BalanceReceiptsInstrumentEntityDeal NoValue Date T/TBank Value Date Peoplesoft Desc. /p g Ticket No Journal Date external ref t Receipts AmountCR Payments Account Name : Account Number : City Of Palm Desert 1/1/2023 1/1/2023 $74,996,502.95 OB $74,996,502.95 $0.00 $74,996,502.95 $74,996,502.95 $0.00 Account Name : Account Number : RDA Successor Agcy Palm Desert 1/1/2023 1/1/2023 $74,996,841.46 OB $338.51 $0.00 $338.51 $338.51 $0.00 Printed on 2/2/2023 Page 1 of 1End of Report DocuSign Envelope ID: 1CAA8929-D5C4-4752-BEA9-58B2FD2C964A Item 1L-30 City of Palm Desert Investments Summary February 2023 The City’s investment portfolio is detailed below. Investment transactions were executed in accordance with the California State Government Code, the City’s Investment Policy and all bond indentures. Investment Portfolio: Book Value Purchases &Redemptions &Book Value % of Asset Class 2/1/2023 Deposits Withdrawals 2/28/2023 Portfolio Agencies 40.97$ -$ (10.00)$ 30.97$ 10% Corporates 30.00 - - 30.00 10% Negotiable CD's - - - - 0% CAMP Pool 57.70 80.48 - 138.18 44% LAIF Pool 20.51 - - 20.51 7% County Pool 75.00 0.07 (73.00) 2.07 1% Custodian ®63.60 0.23 - 63.83 20% Trustee ®2.94 0.72 - 3.66 1% Cash 23.36 95.97 (94.05) 25.28 8% Total 314.08$ 177.47$ (177.05)$ 314.50$ 100% ® = Restricted funds based upon bond indenture terms. Key Trends Major changes to the portfolio during the month of February include deposits of $80.0 M to the CAMP investment pool. Riverside County Pool assets of $73.00 M were withdrawn and re-invested to the CAMP investment pool. Two investments totaling $10.00 M were redeemed in February. Portfolio Allocations, Maturities and Performance: 56% 23% 10% 11% Local Govt Restricted Custody/Trustee Corporate Agency Investment Allocation - 2 4 6 8 10 9M 1Y 2Y 3Y 4Y 5Y Investment Maturity 0 2 4 6 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb Performance -Total Porfolio City Yield LAIF Yield 1Y T-Bill DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-31 CITY OF PALM DESERT Portfolio Management February 28, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. CAMP 138,188,836.43 147.78 4.7301138,188,836.43138,188,836.43 FEDERAL AGENCY - COUPON 13,993,831.28 3214.84 0.43983013,465,070.0014,000,000.00 LAIF 20,517,139.13 17.09 2.425120,517,139.1320,517,139.13 FEDERAL AGENCY - CALLABLE 16,980,338.79 4145.87 0.42793016,219,810.0017,000,000.00 TRUSTEE CASH BALANCES 3,660,465.09 11.27 0.22613,660,465.093,660,465.09 MEDIUM-TERM NOTES 29,996,060.57 77210.37 2.9171,11829,188,710.0030,000,000.00 CUSTODIAN PROJECT FUNDS 63,814,140.06 122.06 4.320163,814,140.0663,814,140.06 RIVERSIDE COUNTY POOL 2,069,854.46 10.72 3.15012,069,854.462,069,854.46 289,220,665.81 100.00%Investments 287,124,025.17289,250,435.17 121 211 3.759 Cash (not included in yield calculations) Passbook/Checking 25,284,679.44 1 0.000125,284,679.4425,284,679.44 314,505,345.25Total Cash and Investments 312,408,704.61314,535,114.61 121 211 3.759 Current Year February 28 747,761.77 Fiscal Year To Date 4,801,975.89 Average Daily Balance Effective Rate of Return 309,457,699.06 3.15% Total Earnings Month Ending This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund city expenditures for the next six months. Union Bank Custody Services has provided market value prices for all corporate securities. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio CITY AP Reporting period 02/01/2023-02/28/2023 Run Date: 03/10/2023 - 09:08 PM (PRF_PM1) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-32 YTM/C 365 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date CAMP 4.730C.A.M.P. POOL (CITY)13 135,903,052.92 135,903,052.92 4.730135,903,052.92SYS13 1 4.730C.A.M.P. POOL (DESERT WILLOW)12444 2,285,783.51 2,285,783.51 4.7302,285,783.51SYS12444 1 138,188,836.43138,188,836.43138,188,836.4360,583,251.80Subtotal and Average 4.730 1 U.S. BANK / LAIF BOND PROCEEDS 0.203LOCAL AGENCY INVESTMENT FUND12-33-084 0.00 0.00 0.2030.00252026003 1 0.000.000.000.00Subtotal and Average 0.000 0 FEDERAL AGENCY - COUPON 0.505FEDERAL HOME LOAN BANK664 3,000,000.00 2,999,770.38 10/28/20240.50007/28/2021 2,833,650.00 Aaa3130ANAC4 607 0.500FEDERAL HOME LOAN BANK710 5,000,000.00 5,000,000.00 12/08/20230.50011/04/2021 4,830,800.00 Aaa3130APR72 282 0.360FEDERAL HOME LOAN MTG CORP706 3,000,000.00 2,995,612.97 10/16/20230.12510/21/2021 2,893,710.00 Aaa3137EAEY1 229 0.350FEDERAL HOME LOAN MTG CORP707 3,000,000.00 2,998,447.93 09/08/20230.25010/21/2021 2,906,910.00 Aaa3137EAEW5 191 13,993,831.2813,465,070.0014,000,000.0013,993,396.47Subtotal and Average 0.439 321 LAIF 2.425LOCAL AGENCY INVESTMENT FUND12000 20,517,139.13 20,517,139.13 2.42520,517,139.1312000 1 20,517,139.1320,517,139.1320,517,139.1320,517,139.13Subtotal and Average 2.425 1 FEDERAL AGENCY - CALLABLE 0.520FEDERAL FARM CREDIT BANK668 5,000,000.00 4,982,027.14 12/23/20240.32009/14/2021 4,655,800.00 Aaa3133EMLP5 663 0.370FEDERAL FARM CREDIT BANK698 3,000,000.00 2,999,427.50 10/20/20230.34010/20/2021 2,908,920.00 Aaa3133ENBN9 233 0.331FEDERAL FARM CREDIT BANK699 3,000,000.00 2,998,884.15 10/12/20230.27010/19/2021 2,901,330.00 Aaa3133ENAU4 225 0.400FEDERAL HOME LOAN BANK660 3,000,000.00 3,000,000.00 07/29/20240.40007/29/2021 2,854,620.00 Aaa3130AN7K0 516 0.450FEDERAL HOME LOAN BANK708 3,000,000.00 3,000,000.00 11/24/20230.45011/24/2021 2,899,140.00 Aaa3130APMC6 268 16,980,338.7916,219,810.0017,000,000.0021,979,797.02Subtotal and Average 0.427 414 TRUSTEE CASH BALANCES 0.030GOLDMAN SACHS GOVERNMENT FUND382 0.00 0.00 0.0300.00 Aaa252026000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND383 0.00 0.00 0.03007/01/2022 0.00 Aaa252026001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND384 0.00 0.00 0.0300.00 Aaa252026002-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND385 0.00 0.00 0.0300.00 Aaa252026003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND386 0.00 0.00 0.0300.00 Aaa252026004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND401 0.00 0.00 0.0300.00 Aaa252026017-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND402 0.00 0.00 0.0300.00 Aaa252026018-G 1 Portfolio CITY AP Run Date: 03/10/2023 - 09:08 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-33 YTM/C 365 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date TRUSTEE CASH BALANCES 4.470GOLDMAN SACHS GOVERNMENT FUND404 27.04 27.04 4.47027.04 Aaa260128000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND405 0.00 0.00 0.03007/01/2022 0.00 Aaa260128001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND407 0.00 0.00 0.03007/01/2022 0.00 Aaa260128002-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND408 0.00 0.00 0.03007/01/2022 0.00 Aaa260128003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND409 0.00 0.00 0.03007/01/2022 0.00 Aaa260128004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND410 0.00 0.00 0.0300.00 Aaa260128005-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND412 0.00 0.00 0.0300.00 Aaa260128006-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND414 0.00 0.00 0.0300.00 Aaa260128007-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND415 0.00 0.00 0.0300.00 Aaa260128008-G 1 4.470GOLDMAN SACHS GOVERNMENT FUND416 131.43 131.43 4.470131.43 Aaa260128009-G 1 4.470GOLDMAN SACHS GOVERNMENT FUND417 21,723.67 21,723.67 4.47021,723.67 Aaa260128010-G 1 4.470GOLDMAN SACHS GOVERNMENT FUND418 163,194.98 163,194.98 4.470163,194.98 Aaa260128011-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND419 0.00 0.00 0.0300.00 Aaa261470000-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND420 0.00 0.00 0.0300.00 Aaa261470001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND421 0.00 0.00 0.0300.00 Aaa261470002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND671 43.68 43.6843.68 Aaa263346000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND672 283,575.31 283,575.3107/01/2022 283,575.31 Aaa263346001-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND673 0.19 0.190.19 Aaa263346002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND674 874,200.00 874,200.00874,200.00 Aaa263346003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND675 0.00 0.00 0.03007/01/2022 0.00 Aaa263346004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND676 0.94 0.94 0.03007/01/2022 0.94 Aaa263346005-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND677 0.00 0.000.00 Aaa263346006-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND678 1.53 1.531.53 Aaa263346007-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND679 1.52 1.52 0.03007/01/2022 1.52 Aaa263599000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND680 314,381.12 314,381.1207/01/2022 314,381.12 Aaa263599001-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND682 1,416,829.70 1,416,829.701,416,829.70 Aaa263599002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND683 0.00 0.000.00 Aaa263599003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND684 0.00 0.00 0.03007/01/2022 0.00 Aaa269048000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND685 23.41 23.4123.41 Aaa271146000-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND687 95,550.03 95,550.0307/01/2022 95,550.03 Aaa271146001-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND688 0.03 0.03 0.03007/01/2022 0.03 Aaa271146002-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND689 468,400.00 468,400.00468,400.00 Aaa271146003-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND690 0.00 0.00 0.03007/01/2022 0.00 Aaa271146004-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND691 0.70 0.70 0.03007/01/2022 0.70 Aaa271146005-G 1 0.000GOLDMAN SACHS GOVERNMENT FUND692 0.00 0.000.00 Aaa271146006-G 1 0.030GOLDMAN SACHS GOVERNMENT FUND693 0.00 0.00 0.03007/01/2022 0.00 Aaa277580000-G 1 Portfolio CITY AP Run Date: 03/10/2023 - 09:08 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-34 YTM/C 365 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date TRUSTEE CASH BALANCES 0.005GOLDMAN SACHS GOVERNMENT FUND744 22,379.81 22,379.81 0.00522,379.81 Aaa263599004 1 3,660,465.093,660,465.093,660,465.092,971,087.83Subtotal and Average 0.226 1 MEDIUM-TERM NOTES 0.450AMAZON.COM INC.662 3,000,000.00 3,000,000.00 05/12/20240.45007/19/2021 2,852,400.00 A023135BW5 438 0.500CATERPILLAR FINANCIAL SERVICES697 3,000,000.00 2,998,189.14 05/17/20240.45010/08/2021 2,841,930.00 A14913R2L0 443 5.250Freddie Mac760 5,000,000.00 5,000,000.00 12/30/20245.25012/30/2022 5,000,000.00 Aaa3134GYAB8 670 6.750GOLDMAN SACHS GOVERNMENT FUND752 5,000,000.00 5,000,000.00 10/29/20276.75010/31/2022 5,000,000.00 A238150APM1 1,703 3.999MORGAN STANLEY747 5,000,000.00 5,000,000.00 07/23/20254.00009/01/2022 5,000,000.00 A16174468C6 875 0.500TOYOTA MOTOR CREDIT CORP658 3,000,000.00 3,000,000.00 06/18/20240.50006/18/2021 2,831,460.00 A89236TJH9 475 0.530TOYOTA MOTOR CREDIT CORP659 3,000,000.00 2,998,836.91 06/18/20240.50007/08/2021 2,831,460.00 A89236TJH9 475 0.525TOYOTA MOTOR CREDIT CORP667 3,000,000.00 2,999,034.52 06/18/20240.50009/14/2021 2,831,460.00 A89236TJH9 475 29,996,060.5729,188,710.0030,000,000.0029,995,926.16Subtotal and Average 2.917 772 CUSTODIAN PROJECT FUNDS 4.320FIRST AMERICAN US TREASURY MMF647 5,922,866.63 5,922,866.63 4.3205,922,866.63 Aaa6736302420-G 1 4.320FIRST AMERICAN US TREASURY MMF648 25,829,301.38 25,829,301.38 4.32025,829,301.38 Aaa6736302430-G 1 4.320FIRST AMERICAN US TREASURY MMF649 12,227,469.16 12,227,469.16 4.32012,227,469.16 Aaa6736302440-G 1 4.320FIRST AMERICAN US TREASURY MMF650 19,834,502.89 19,834,502.89 4.32019,834,502.89 Aaa6736302450-G 1 63,814,140.0663,814,140.0663,814,140.0663,602,937.52Subtotal and Average 4.320 1 RIVERSIDE COUNTY POOL 3.150POOLED INVESTMENT FUND052460 2,069,854.46 2,069,854.46 3.1502,069,854.46 Aaa052460 1 2,069,854.462,069,854.462,069,854.4672,391,979.79Subtotal and Average 3.150 1 CUSTODIAN PROJECT FUNDS 0.010GOLDMAN SACHS TREASURY FUND498 0.00 0.00 0.0100.00 Aaa6736302420 1 0.010GOLDMAN SACHS TREASURY FUND499 0.00 0.00 0.0100.00 Aaa6736302430 1 0.010GOLDMAN SACHS TREASURY FUND500 0.00 0.00 0.0100.00 Aaa6736302440 1 0.010GOLDMAN SACHS TREASURY FUND501 0.00 0.00 0.0100.00 Aaa6736302450 1 0.000.000.000.00Subtotal and Average 0.000 0 Portfolio CITY AP Run Date: 03/10/2023 - 09:08 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-35 YTM/C 365 Page 4 Par Value Book Value Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date 309,457,699.06 289,250,435.17 3.759 121287,124,025.17 289,220,665.81Total and Average Portfolio CITY AP Run Date: 03/10/2023 - 09:08 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-36 YTM/C 365 Page 5 Par Value Book Value Stated RateMarket Value February 28, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF PALM DESERT Days to Mat./CallMoody'sCUSIPInvestment # Purchase Date CUSTODIAN PROJECT FUNDS 0.000CITY OF PALM DESERT753 0.00 0.0010/27/2022 0.00SYS753 1 UNION BANK CHECKING ACCOUNTS 0.000CITY OF PALM DESERT MAIN13016 20,673,012.30 20,673,012.3020,673,012.30SYS13016 1 0.000DESERT WILLOW GOLF COURSE13013 3,021,210.57 3,021,210.5707/01/2022 3,021,210.57SYS13013 1 0.000PUBLIC SAFETY CHECKING602 697,977.89 697,977.8907/01/2022 697,977.89SYS602 1 0.000RECREATIONAL FACILITIES CORP13020 892,478.68 892,478.6807/01/2022 892,478.68SYS13020 1 0.00 309,457,699.06 314,535,114.61 3.759 121 1Average Balance 312,408,704.61 314,505,345.25Total Cash and Investments Portfolio CITY AP Run Date: 03/10/2023 - 09:08 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-37 CITY OF PALM DESERT LONG-TERM LOANS RECEIVABLE February 28, 2023 10-Mar-23 10:57 AM SymPro Book Stated No.Investment Value Maturity Date Interest Rate 1 City Loan to RDA*-$ N/A 0.20% 348 EIP Loan **1,067,000.00$ 09/02/34 7.00% 594 Highlands Utility Undergrounding ***22,947.33$ 09/02/36 5.35% Assessment District 04-01 Deferred Loan Footnotes *On May 17, 2019, the California State Department of Finance (DOF) denied the 1986 City Loan in the principal amount of $6,000,000 as an enforceable obligation of the Successor Agency of the Palm Desert Redevelopment Agency. Several attempts have been made to challenge this decision. The DOF, however, continues to maintain its position and its interpretation of the dissolution law as it relates to the loans. ** EIP balance adjustments made on March 2 and on September 2 of each year. *** Highlands balance adjustments made on March 2 and on September 2 of each year. DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-38 PALM DESERT HOUSING AUTHORITY Portfolio Management February 28, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. CAMP 50,061,523.73 198.05 4.730150,061,523.7350,061,523.73 LAIF 983,613.96 11.93 2.6241983,613.96983,613.96 CUSTODIAN PROJECT FUNDS 10,369.27 10.02 4.320110,369.2710,369.27 51,055,506.96 100.00%Investments 51,055,506.9651,055,506.96 1 1 4.689 Cash (not included in yield calculations) Passbook/Checking 4,597,183.72 1 0.00014,597,183.724,597,183.72 55,652,690.68Total Cash and Investments 55,652,690.6855,652,690.68 1 1 4.689 Current Year February 28 183,028.36 Average Daily Balance Effective Rate of Return 55,448,176.08 4.30% Total Earnings Month Ending This investment portfolio complies with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Barring unforeseen events, it has sufficient cash to fund Housing Authority operations for the next six months. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio HA AP Reporting period 02/01/2023-02/28/2023 Run Date: 03/10/2023 - 09:11 PM (PRF_PM1) 7.3.11No fiscal year history available Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-39 Days to Mat./Call Page 1 Par Value Book Value Maturity Date Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management PALM DESERT HOUSING AUTHORITY YTM/C 365Moody'sCUSIPInvestment # Purchase Date CAMP 1CA ASSET MANAGEMENT PROGRAM12008 50,061,523.73 50,061,523.73 4.73050,061,523.73SYS12008 4.730 50,061,523.7350,061,523.7350,061,523.7349,886,863.85Subtotal and Average 1 4.730 CUSTODIAN PROJECT FUNDS 1GOLDMAN SACHS TREASURY FUND590 0.00 0.00 0.0100.00 Aaa6736302460 0.010 0.000.000.000.00Subtotal and Average 0 0.000 LAIF 1LOCAL AGENCY INVESTMENT FUND21003 983,613.96 983,613.96 2.624983,613.96SYS21003 2.624 983,613.96983,613.96983,613.96983,613.96Subtotal and Average 1 2.624 CUSTODIAN PROJECT FUNDS 1FIRST AMERICAN US TREASURY MMF597 10,369.27 10,369.27 4.32001/01/2021 10,369.27 Aaa6736302460-G 4.320 10,369.2710,369.2710,369.2710,338.20Subtotal and Average 1 4.320 55,448,176.08 51,055,506.96 1 4.68951,055,506.96 51,055,506.96Total and Average Portfolio HA AP Run Date: 03/10/2023 - 09:11 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-40 Days to Mat./Call Page 2 Par Value Book Value Stated RateMarket Value February 28, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management PALM DESERT HOUSING AUTHORITY YTM/C 365Moody'sCUSIPInvestment # Purchase Date CHECKING 1HOUSING AUTH CHECKING25015 4,105,383.22 4,105,383.224,105,383.22SYS25015 0.000 1HOUSING AUTH TRUST25016 491,800.50 491,800.5007/01/2020 491,800.50SYS25016 0.000 0.00 55,448,176.08 55,652,690.68 1 4.689 1Average Balance 55,652,690.68 55,652,690.68Total Cash and Investments Portfolio HA AP Run Date: 03/10/2023 - 09:11 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-41 RDA SUCCESSOR AGENCY Portfolio Management February 28, 2023 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Term Days to Mat./Call YTM/C 365 Equiv. RIVERSIDE COUNTY POOL 338.82 10.00 3.1501338.82338.82 CAMP 5,873.46 10.04 4.73015,873.465,873.46 LAIF 751.35 10.00 2.6241751.35751.35 TRUSTEE CASH BALANCES - MMA 15,383,307.46 199.79 0.000115,383,307.4615,383,307.46 TRUSTEE CASH BALANCES - GF 25,454.88 10.17 4.470125,454.8825,454.88 15,415,725.97 100.00%Investments 15,415,725.9715,415,725.97 1 1 0.009 Cash (not included in yield calculations) Passbook/Checking 27,274,519.72 1 0.000127,274,519.7227,274,519.72 42,690,245.69Total Cash and Investments 42,690,245.6942,690,245.69 1 1 0.009 Current Year February 28 1,377.44 Average Daily Balance Effective Rate of Return 43,103,831.82 0.04% Total Earnings Month Ending This investment portfolio is in compliance with the provisions of California Government Code Section 53601 and the City of Palm Desert investment policy. Pursuant to ABX126, the availability of cash to fund the Palm Desert RDA Successor Agency's debt service is dependent upon the County of Riverside and the State of California. All balances are bank balances. The "% of Portfolio" calculation on the Portfolio Summary page omits demand deposits. __________________________________________________ ____________________ Veronica Chavez, Finance Director Portfolio RDAS AP Reporting period 02/01/2023-02/28/2023 Run Date: 03/10/2023 - 09:15 PM (PRF_PM1) 7.3.11No fiscal year history available Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-42 Days to Mat./Call Page 1 Par Value Book Value Maturity Date Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date RIVERSIDE COUNTY POOL 1POOLED INVESTMENT FUND052470 338.82 338.82 3.15007/01/2020 338.82 Aaa052470 3.150 338.82338.82338.82338.52Subtotal and Average 1 3.150 CAMP 1C.A.M.P. POOL (RDA S.A.)578 5,873.46 5,873.46 4.7305,873.46SYS578 4.730 5,873.465,873.465,873.465,852.97Subtotal and Average 1 4.730 LAIF 1L.A.I.F. (RDA S.A.)604 751.35 751.35 2.62407/01/2020 751.35SYS604 2.624 751.35751.35751.35751.35Subtotal and Average 1 2.624 TRUSTEE CASH BALANCES - MMA 1U.S. BANK MONEY MARKET ACCOUNT830 0.05 0.0507/01/2020 0.05 P-1247394001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT832 0.00 0.00 0.01007/01/2020 0.00 P-1247394003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT833 1.03 1.031.03 P-1247394002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT834 527,992.17 527,992.17527,992.17 P-1247394000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT837 14.42 14.4214.42 P-1236781002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT838 0.00 0.00 0.01007/01/2020 0.00 P-1236781003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT839 7,436,017.91 7,436,017.917,436,017.91 P-1236781000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT842 0.00 0.00 0.01007/01/2020 0.00 P-1253446003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT843 7.66 7.667.66 P-1253446002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT844 2,950,558.13 2,950,558.132,950,558.13 P-1253446000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT845 0.41 0.4107/01/2020 0.41 P-1253446001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT853 4,468,692.27 4,468,692.274,468,692.27 P-1224324000-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT855 0.79 0.7907/01/2020 0.79 P-1224324001-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT856 22.55 22.5522.55 P-1224324002-U 0.000 1U.S. BANK MONEY MARKET ACCOUNT857 0.00 0.00 0.01007/01/2020 0.00 P-1224324003-U 0.010 1U.S. BANK MONEY MARKET ACCOUNT881 0.07 0.0709/01/2020 0.07 P-1236781001-U 0.000 15,383,307.4615,383,307.4615,383,307.4615,383,244.46Subtotal and Average 1 0.000 TRUSTEE CASH BALANCES - GF 1GOLDMAN SACHS GOVERNMENT FUND811 25,454.88 25,454.88 4.47025,454.88 Aaa277861000-G 4.470 1GOLDMAN SACHS GOVERNMENT FUND812 0.00 0.00 0.0300.00 Aaa277861001-G 0.030 1GOLDMAN SACHS GOVERNMENT FUND813 0.00 0.00 0.03007/01/2020 0.00 Aaa277861002-G 0.030 1GOLDMAN SACHS GOVERNMENT FUND814 0.00 0.00 0.03007/01/2020 0.00 Aaa277861003-G 0.030 Portfolio RDAS AP Run Date: 03/10/2023 - 09:15 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-43 Days to Mat./Call Page 2 Par Value Book Value Stated RateMarket Value February 28, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date 25,454.8825,454.8825,454.88394,823.77Subtotal and Average 1 4.470 43,103,831.82 15,415,725.97 1 0.00915,415,725.97 15,415,725.97Total and Average Portfolio RDAS AP Run Date: 03/10/2023 - 09:15 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-44 Days to Mat./Call Page 3 Par Value Book Value Stated RateMarket Value February 28, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management RDA SUCCESSOR AGENCY YTM/C 365Moody'sCUSIPInvestment # Purchase Date UNION BANK CHECKING ACCOUNTS 1RDA SUCCESSOR AGENCY582 27,274,519.72 27,274,519.7227,274,519.72SYS582 0.000 0.00 43,103,831.82 42,690,245.69 1 0.009 1Average Balance 42,690,245.69 42,690,245.69Total Cash and Investments Portfolio RDAS AP Run Date: 03/10/2023 - 09:15 PM (PRF_PM2) 7.3.11 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-45 PALM DESERT RDA SUCCESSOR AGENCY LONG-TERM LOANS RECEIVABLE FEBRUARY 28, 2023 10-Mar-23 10:56 AM . SymPro Book Stated No.Investment Value Maturity Date Interest Rate 738 EIP Loan *145,000.00$ 09/02/29 3.00% Footnotes *EIP balance adjustments made on March 2 and September 2 of each year. DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-46 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-47 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-48 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-49 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-50 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-51 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-52 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-53 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-54 3/1/23, 9:28 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 March 01, 2023 LAIF Home PMIA Average Monthly Yields CITY OF PALM DESERT CITY TREASURER 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 2578 February 2023 Statement Tran Type Definitions Account Summary Total Deposit:0.00 Beginning Balance:20,517,139.13 Total Withdrawal 0 00 Ending Balance 20,517,139.13 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-55 3/1/23, 9:30 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 March 01, 2023 LAIF Home PMIA Average Monthly Yields PALM DESERT HOUSING AUTHORITY CITY TREASURER 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 2578 February 2023 Statement Tran Type Definitions Account Summary Total Deposit:0.00 Beginning Balance:983,613.96 Total Withdrawal 0 00 Ending Balance 983,613.96 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-56 3/1/23, 9:29 AM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 March 01, 2023 LAIF Home PMIA Average Monthly Yields S/A TO THE PALM DESERT REDEVELOPMENT AGENCY FINANCE DIRECTOR 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 2578 February 2023 Statement Tran Type Definitions Account Summary Total Deposit:0.00 Beginning Balance:751.35 Total Withdrawal 0 00 Ending Balance 751.35 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-57 DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-58 Fund Detail Report Parameters:Query: Fund Detail County of Riverside Treasurer-Tax Collector Run Date:06-Mar-2023 11:04:35 AM User:Susan From : To : As at : 01-Feb-2023 28-Feb-2023 06-Mar-2023 Balance Calculation Based On:Value Date Closing BalanceReceiptsInstrumentEntityDeal NoValue Date T/TBank Value Date Peoplesoft Desc. /p g Ticket No Journal Date external ref t Receipts AmountCR Payments Account Name : Account Number : City Of Palm Desert 2/1/2023 2/1/2023 $74,996,502.95 OB $74,996,502.95 $0.00 122 FileTreasury 10778312/3/2023 2/3/2023 $1,996,502.95 AR02454065AC2/2/2023 $0.00 ($73,000,000.00) 121 fileTreasury 10846172/9/2023 2/9/2023 $2,069,854.46 INTQ223CSHAC2/8/2023 $73,351.51 $0.00 $2,069,854.46 $75,069,854.46 ($73,000,000.00) Account Name : Account Number : RDA Successor Agcy Palm Desert 2/1/2023 2/1/2023 $2,070,192.97 OB $338.51 $0.00 121 fileTreasury 10846182/9/2023 2/9/2023 $2,070,193.28 INTQ223CSHAC2/8/2023 $0.31 $0.00 $338.82 $338.82 $0.00 Printed on 3/6/2023 Page 1 of 1End of Report DocuSign Envelope ID: 9F2072F1-01B6-4B36-9970-5C39B8643933 Item 1L-59 CITY OF PALM DESERT General Fund Financial Report to \ 2022-23 Adjusted Annual Budget * 2022-23 YTD Budget 2022-23 YTD Actual 2022-23 % to YTD Budget Prior YTD Actual Revenues Sales Tax 25,673,460 10,020,501 9,944,159 99% 8,988,353 ↑ Sales Tax for November 2022, compared to prior year November 2021. Transient Occupancy Tax 17,815,000 10,550,509 8,402,662 80% 8,313,480 ↑ Cash receipts for TOT lag behind budget reporting by one month. License, Permits, & Charges 3,583,442 1,809,799 2,457,381 136% 1,965,250 ↑ Increase in Building Permits, SARDA reimbursement timing difference. Property Tax 9,588,029 5,587,444 4,720,273 84% 4,428,172 ↑ Received in January and May of each Fiscal Year. Timing differences for unsecured taxes. Franchise Fees 3,150,000 540,717 487,545 90% 514,969 ↓ Receive various times during the year. Interest Income and Rent 805,000 444,741 1,053,161 237% 350,268 ↑ GF allocation of interest income estimated; actual allocation completed at year-end close. Rising interest rates. State Subvention 4,810,000 2,322 2,095 90%2,243 ↓ Majority of payments to be received in February & June. All Others 2,150,950 1,473,505 3,660,116 248% 2,388,082 ↑ Increase from prior year, primarily from sale of land. InterFund Transfers In 3,604,700 - 1,000,000 100%- ↑ Transfers are done various times during the year, primarily during year-end close. TOTAL REVENUES 71,180,581 30,429,538 31,727,392 104%26,950,817 2022-23 Adjusted Annual Budget * 2022-23 YTD Budget 2022-23 YTD Actual Encumb. 2022-23 % to YTD Budget Prior YTD Actual Expenditures Police Services 20,976,865 5,864,104 5,921,713 15,243,112 101% 5,591,121 ↑ Police budget increased from prior year, expenditures in line with expectations. General Government + Contrib 19,418,754 10,798,668 10,417,477 2,277,582 96% 8,390,350 ↑ Increased actuals from prior year primarily from General Services budget, aligns with expected budget. Public Works 9,445,110 4,430,676 3,876,362 1,419,278 87% 3,200,522 ↑ Timing of expenditures slightly different from prior year. Parks 5,971,809 2,655,737 2,758,340 2,127,488 104% 2,085,223 ↑ Park & landscaping budgets higher than prior year. Building and Safety 1,483,239 688,872 775,321 400,134 113% 859,093 ↓ Timing of expenditures slightly different from prior year. Community Development 3,377,784 1,417,306 1,552,575 424,016 110% 1,481,485 ↑ Increase in overall Planning & Community Development budget from prior year. Economic Development 3,521,860 1,492,006 1,225,915 849,649 82% 1,767,168 ↓ Slight decrease from prior year actual, aligns with expectations. InterFund Transfers Out 22,820,960 - - - 0%- ↓ Transfers completed at various times during the year, primarily during year-end close. TOTAL GEN FUND EXP 87,016,381 27,347,369 26,527,703 22,741,259 97%23,374,962 Total GF Exp and Encumb 49,268,962 Fire Protection Services 17,696,275 273,008 504,270 16,738,644 185% 270,109 ↑ Variance result of timing difference of Fire Billing, from Riverside County Fire Department and posting of structural fire tax. * Budget has been updated for General Fund related Adjustments and Appropriations made by the Council through December, midyear budget adjustments will be reflected in March committee reports. Explanation Explanation January 31, 2023 (Year to date) (YTD Budget based on prior year percentage of actual to budget) NEW FORMAT Item 1L-60 CITY OF PALM DESERT General Fund Financial Report to \ 2022-23 Adjusted Annual Budget * 2022-23 YTD Budget 2022-23 YTD Actual 2022-23 % to YTD Budget Prior YTD Actual Revenues Sales Tax 25,673,460 14,017,228 12,803,241 91% 12,573,402 ↑ Sales Tax for December 2022, compared to prior year December 2021. Transient Occupancy Tax 17,815,000 12,159,763 10,898,046 90% 9,581,523 ↑ Cash receipts for TOT lag behind budget reporting by one month. License, Permits, & Charges 3,583,442 1,919,458 2,746,384 143% 2,084,328 ↑ Increase in Building Permits, SARDA reimbursement timing difference. Property Tax 9,588,029 5,866,490 4,770,515 81% 4,649,322 ↑ Received in January and May of each Fiscal Year. Timing differences for unsecured taxes. Franchise Fees 3,150,000 890,945 752,061 84% 848,519 ↓ Receive various times during the year. Interest Income and Rent 805,000 446,944 1,054,771 236% 352,003 ↑ GF allocation of interest income estimated; actual allocation completed at year-end close. Rising interest rates. State Subvention 4,810,000 2,434,617 2,518,986 103% 2,352,093 ↑ Majority of payments received in February & June. All Others 2,150,950 1,876,552 3,559,642 190% 3,041,293 ↑ Increase from prior year, primarily from sale of land. InterFund Transfers In 3,604,700 - 1,000,000 100%- ↑ Transfers are done various times during the year, primarily during year-end close. TOTAL REVENUES 71,180,581 39,611,997 40,103,646 101%35,482,483 2022-23 Adjusted Annual Budget * 2022-23 YTD Budget 2022-23 YTD Actual Encumb. 2022-23 % to YTD Budget Prior YTD Actual Expenditures Police Services 20,976,865 5,876,963 8,908,440 12,268,171 152% 5,603,381 ↑ Police budget increased from prior year, expenditures in line with expectations. General Government + Contrib 19,418,754 11,896,830 11,640,304 1,878,169 98% 9,243,600 ↑ Increased actuals from prior year primarily from General Services budget, aligns with expected budget. Public Works 9,445,110 5,001,457 4,469,849 1,357,243 89% 3,612,828 ↑ Timing of expenditures slightly different from prior year. Parks 5,971,809 2,888,572 3,213,989 1,991,899 111% 2,268,039 ↑ Park & landscaping budgets higher than prior year. Building and Safety 1,483,239 769,790 1,070,217 141,586 139% 960,006 ↑ Increased salaries & professional services from prior year, full year still expected to be within budget. Community Development 3,377,784 1,656,440 1,806,633 411,441 109% 1,731,448 ↑ Increase in overall Planning & Community Development budget from prior year. Economic Development 3,521,860 1,628,602 1,360,078 841,660 84% 1,928,956 ↓ Slight decrease from prior year actual, aligns with expectations. InterFund Transfers Out 22,820,960 - - - 0%- ↓ Transfers completed at various times during the year, primarily during year-end close. TOTAL GEN FUND EXP 87,016,381 29,718,654 32,469,510 18,890,169 109%25,348,258 Total GF Exp and Encumb 51,359,679 Fire Protection Services 17,696,275 273,008 468,800 16,817,794 172% 270,109 ↑ Variance result of timing difference of Fire Billing, from Riverside County Fire Department and posting of structural fire tax. * Budget has been updated for General Fund related Adjustments and Appropriations made by the Council through December, midyear budget adjustments will be reflected in March committee reports. Explanation Explanation February 28, 2023 (Year to date) (YTD Budget based on prior year percentage of actual to budget) NEW FORMAT Item 1L-61 City of Palm Desert Parkview Office Complex Income Statement for month and fiscal year to date January 31, 2023 Fiscal year 2022-2023 January-23 January-23 #%YTD YTD #% Budget Actual Variance Variance Budget Actual Variance Variance Revenues* Rental 62,500$ 65,912$ 3,412$ 105.46%375,000$ 618,166$ 243,166$ 164.84% Total Revenues 62,500$ 65,912$ 3,412$ 105.46%375,000$ 618,166$ 243,166$ 164.84% Expenses** Tenant Improvements [1]11,422$ -$ (11,422)$ 0.00%79,952$ -$ 79,952$ 0.00% Repairs & Maintenance- Building [1]2,500$ 668$ (1,832)$ 26.72%17,500$ 18,021$ (521)$ 102.98% Repairs & Maintenance- Streets 1,667$ 188$ (1,479)$ 11.28%11,667$ 1,128$ 10,539$ 9.66% Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%11,667$ -$ 11,667$ 0.00% CAM Janitorial Services 13,740$ 13,928$ 188$ 101.37%96,180$ 85,647$ 10,533$ 89.05% CAM Landscaping Services 2,642$ 2,300$ (342)$ 87.07%18,492$ 11,800$ 6,692$ 63.81% CAM Alarm [2]315$ 720$ 405$ 228.57%2,205$ 2,945$ (740)$ 133.55% CAM Pest Control 171$ 171$ -$ 0.00%1,194$ 1,023$ 171$ 85.71% CAM Utilities-Gas/Electric [3]1,175$ 1,175$ (0)$ 99.96%46,142$ 50,446$ (4,304)$ 109.33% CAM Utilities-Waste Disposal 820$ 817$ (3)$ 99.63%5,740$ 5,719$ 21$ 99.63% CAM Utilities-Water 400$ 255$ (145)$ 63.83%2,800$ 2,276$ 524$ 81.30% CAM Utilities-Telephone 750$ 504$ (246)$ 67.18%5,250$ 2,949$ 2,301$ 56.16% Total Expenses 37,267$ 20,726$ 16,541$ 55.61%298,787$ 181,953$ 116,834$ 60.90% Operating Income 25,233$ 45,186$ 19,954$ 179.08%76,213$ 436,213$ 360,000$ 572.36% Equipment Replacement Reserve [4]-$ -$ -$ 0.00%-$ -$ -$ 0.00% Net Income 25,233$ 45,186$ 19,954$ >100%76,213$ 436,213$ 360,000$ >100% [1] Tenant improvements are completed at various times throughout the year. Budget overages in R&M-Building expected to be offset by savings in tenant improvements. [2] Two months of alarm expenses charged to current month, year-to-date alarm budget overage caused by repairs needed to alarm systems. [3] YTD overage in gas/electric covered by additional revenue received from rent increases at new lease signing. [4] Funds are recorded to the equipment replacement reserve at yearend after the calculation of depreciation. CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line items are often offset by budget savings in other CAM line items. Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings **Above expenses include only operational budgets. An additional $1,497,600 and $300,000 are set aside in FY22/23 for capital improvements and transfers, respectively. *Revenues do not include interest income, which is allocated at fiscal year-end. Several updated lease documents were approved by Council over the November-January timeframe, which is expected to lead to increased revenues in the second half of the fiscal year. PARKVIEW FY23 Fin Committee WkshtReport Jan 2023 Page 1Item 1L-62 City of Palm Desert Parkview Office Complex Income Statement for month and fiscal year to date February 28, 2023 Fiscal year 2022-2023 February-23 February-23 #%YTD YTD #% Budget Actual Variance Variance Budget Actual Variance Variance Revenues* Rental 62,500$ 65,912$ 3,412$ 105.46%375,000$ 618,166$ 243,166$ 164.84% Total Revenues 62,500$ 65,912$ 3,412$ 105.46%375,000$ 618,166$ 243,166$ 164.84% Expenses** Tenant Improvements [1]11,422$ 13,300$ 1,878$ 116.45%91,373$ 13,300$ 78,073$ 14.56% Repairs & Maintenance- Building 2,500$ 6,111$ 3,611$ 244.45%20,000$ 24,133$ (4,133)$ 120.66% Repairs & Maintenance- Streets 1,667$ 188$ (1,479)$ 11.28%13,333$ 1,315$ 12,018$ 9.87% Repairs & Maintenance- Other Equip 1,667$ -$ (1,667)$ 0.00%13,333$ -$ 13,333$ 0.00% CAM Janitorial Services 13,740$ 13,928$ 188$ 101.37%109,920$ 99,575$ 10,345$ 90.59% CAM Landscaping Services 2,642$ 2,300$ (342)$ 87.07%21,133$ 14,100$ 7,033$ 66.72% CAM Alarm [2]315$ -$ (315)$ 0.00%2,520$ 2,945$ (425)$ 116.85% CAM Pest Control 171$ 171$ -$ 0.00%1,364$ 1,194$ 171$ 87.50% CAM Utilities-Gas/Electric [3]1,175$ 5,424$ 4,249$ 461.64%52,733$ 55,870$ (3,137)$ 105.95% CAM Utilities-Waste Disposal 820$ 817$ (3)$ 99.63%6,560$ 6,536$ 24$ 99.63% CAM Utilities-Water 400$ -$ (400)$ 0.00%3,200$ 2,276$ 924$ 71.14% CAM Utilities-Telephone 750$ 510$ (240)$ 68.04%6,000$ 3,459$ 2,541$ 57.65% Total Expenses 37,267$ 42,750$ (5,483)$ 114.71%341,471$ 224,703$ 116,768$ 65.80% Operating Income 25,233$ 23,162$ (2,070)$ 91.79%33,529$ 393,463$ 359,934$ 1173.49% Equipment Replacement Reserve [4]-$ -$ -$ 0.00%-$ -$ -$ 0.00% Net Income 25,233$ 23,162$ (2,070)$ >100%33,529$ 393,463$ 359,934$ >100% [1] Tenant improvements are completed at various times throughout the year. [2] Two months of alarm expenses charged to prior month, year-to-date alarm budget overage caused by repairs needed to alarm systems. [3] YTD overage in gas/electric covered by additional revenue received from rent increases at new lease signing. [4] Funds are recorded to the equipment replacement reserve at yearend after the calculation of depreciation. CAM charges are broken out for Finance Committee reporting purposes, but are all budgeted as "Common Area Maintenance." Budget overages in CAM line items are often offset by budget savings in other CAM line items. Note: This schedule does not include rents received into this enterprise fund for other City-owned buildings **Above expenses include only operational budgets. An additional $1,497,600 and $300,000 are set aside in FY22/23 for capital improvements and transfers, respectively. *Revenues do not include interest income, which is allocated at fiscal year-end. Several updated lease documents were approved by Council over the November-January timeframe, which is expected to lead to increased revenues in the second half of the fiscal year. PARKVIEW FY23 Fin Committee WkshtReport Feb 2023 Page 1Item 1L-63 Desert Willow Golf Resort Standard Summary Income Statement For the Seven Months Ending January 31, 2023 MTD MTD % of MTD % of Actual Budget Budget Prior Year PY REVENUES Green Fees & Cart Fees 1,196,813 997,828 120%1,096,248 109% Merchandise 149,452 82,078 182%104,150 143% Other Pro Shop 11,748 12,591 93%8,537 138% Range 9,300 6,421 145%11,566 80% Food & Beverage 381,425 297,069 128%317,098 120% Academy Merchandise 4,357 3,060 142%2,184 199% Other Academy 46,583 34,847 134%43,649 107% Other G&A Income 0 2,000 0%5,488 0% ------------------------ ------------------------------------------------------------------------------------------------ TOTAL REVENUE 1,799,678 1,435,895 125% 1,588,921 113% ------------------------ ------------------------------------------------------------------------------------------------ COST OF SALES Merchandise 91,270 44,849 204%52,620 173% Academy 3,502 2,387 147%1,646 213% Food & Beverage 124,556 97,376 128%79,507 157% ------------------------ ------------------------------------------------------------------------------------------------ TOTAL COGS 219,328 144,612 152%133,772 164% ------------------------ ------------------------------------------------------------------------------------------------ COGS - Merchandise %61.1%54.6%112%50.5%121% COGS - Academy %80.4%78.0%103%75.3%107% COGS - F&B %32.7%32.8%100%25.1%130% PAYROLL Course and Grounds 182,283 179,502 102%156,775 116% Carts, Range, Starters, Etc.62,528 59,236 106%57,397 109% Food and Beverage 234,286 203,707 115%198,577 118% Pro Shop 60,401 61,740 98%49,721 121% Clubhouse Services 20,415 20,154 101%19,238 106% Academy 46,427 37,303 124%41,151 113% General and Administrative 46,602 47,690 98%47,232 99% Marketing 21,457 21,388 100%24,359 88% ------------------------ ------------------------------------------------------------------------------------------------ TOTAL PAYROLL 674,399 630,719 107%594,450 113% ------------------------ ------------------------------------------------------------------------------------------------ OPERATING EXPENSES Course and Grounds 98,810 94,781 104%102,946 96% Carts, Range, Starters, Etc.5,446 6,727 81%9,163 59% Food and Beverage 55,690 40,073 139%32,177 173% Pro Shop 1,904 10,786 18%2,495 76% Clubhouse Services 35,902 27,629 130%36,970 97% Academy 14,602 1,302 1122%1,530 954% General and Administrative 75,200 49,447 152%55,848 135% Marketing 7,036 7,015 100%15,521 45% ------------------------ ------------------------------------------------------------------------------------------------ TOTAL OPERATING EXPENSES 294,591 237,759 124%256,649 115% ------------------------ ------------------------------------------------------------------------------------------------ TOTAL EXPENSES 1,188,318 1,013,091 117%984,871 121% ------------------------ ------------------------------------------------------------------------------------------------ EBITDA 611,361 422,804 145%604,050 101% -------------------- ---------------------------------------------------------------------------------------- January 2023 Month to Date Finance Committee Item 1L-64 Desert Willow Golf Resort Standard Summary Income Statement For the Seven Months Ending January 31, 2023 MTD MTD % of MTD % of Actual Budget Budget Prior Year PY EBITDA 611,361 422,804 145%604,050 101% ------------------------------------------------------------------------------------------------------------------------ MANAGEMENT FEES (21,667)(21,667)100%(20,833)104% ------------------------------------------------------------------------------------------------------------------------ FINANCING ACITIVITY Interest Expense - Debt (500)(4,110)12%(4,110)12% Interest Expense - Leases (11,631)(5,100)228%(2,870)405% Interest Income 8,727 30 29090%32 27522% ------------------------------------------------------------------------------------------------------------------------ TOTAL FINANCING ACTIVITY (3,404)(9,180)37%(6,948)49% ------------------------------------------------------------------------------------------------------------------------ OTHER INCOME (EXPENSE) Non-Operating Revenue - 75 0%0 0% Facility Rent (8,000)(8,000)100%(8,000)100% Depreciation & Amortization (44,877)(92,710)48%(92,710)48% Taxes (10,998)21 -51179%(8,798)125% ------------------------------------------------------------------------------------------------------------------------ TOTAL OTHER INCOME (EXPENSE)(63,876)(100,614)63%(109,508)58% ------------------------------------------------------------------------------------------------------------------------ NET INCOME 522,415 291,344 179%466,760 112% ========================================================================== Paid Rounds 9,725 9,322 104%10,462 93% Other Rounds 164 136 121%152 108% Total Rounds 9,889 9,458 105%10,614 93% Revenue/Paid Rounds 185 154 120%152 122% Revenue/Total Rounds 182 152 120%150 122% Green Fees / Cart Fees per Paid Rounds 123 107 115%105 117% Green Fees / Cart Fees per Total Rounds 121 106 115%103 117% F&B Revenue/Total Rounds 39 31 123%0 18744% Merchandise Revenue/Total Rounds 15 9 174%10 154% January 2023 Month to Date Finance Committee Item 1L-65 Desert Willow Golf Resort Standard Summary Income Statement For the Seven Months Ending January 31, 2023 YTD YTD % of YTD % of Annual Rolling Actual Budget Budget Prior Year PY Budget 12 Months REVENUES Green Fees & Cart Fees 4,356,756 3,852,907 113%3,907,992 111%8,549,713 9,509,477 Merchandise 576,427 483,966 119%498,157 116%904,867 1,138,504 Other Pro Shop 400,878 420,002 95%413,716 97%473,645 469,165 Range 34,155 35,073 97%39,656 86%73,677 72,440 Food & Beverage 2,259,798 1,812,162 125%1,810,509 125%3,433,919 4,425,242 Academy Merchandise 18,096 20,884 87%19,659 92%51,599 63,369 Other Academy 187,371 154,022 122%165,512 113%284,051 344,882 Other G&A Income 27,717 16,050 173%19,538 142%26,050 45,800 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL REVENUE 7,861,197 6,795,067 116% 6,874,740 114% 13,797,521 16,068,879 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- COST OF SALES Merchandise 324,168 264,804 122%256,373 126%493,960 602,919 Academy 14,430 16,290 89%15,390 94%40,247 47,322 Food & Beverage 674,825 574,119 118%522,988 129%1,095,686 1,287,673 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL COGS 1,013,423 855,212 118%794,751 128% 1,629,893 1,937,914 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- COGS - Merchandise %56.2%54.7%103%51.5%109.3%54.6%53.0% COGS - Academy %79.7%78.0%102%78.3%101.9%78.0%74.7% COGS - F&B %29.9%31.7%94%28.9%103.4%31.9%29.1% PAYROLL Course and Grounds 1,282,643 1,209,829 106%1,122,482 114%2,071,977 2,125,377 Carts, Range, Starters, Etc.330,505 298,096 111%285,732 116%551,573 600,178 Food and Beverage 1,468,798 1,161,179 126%1,069,582 137%2,155,866 2,561,019 Pro Shop 370,360 384,409 96%351,267 105%680,580 649,573 Clubhouse Services 144,115 132,894 108%122,987 117%227,940 234,963 Academy 163,524 141,215 116%143,516 114%285,005 318,984 General and Administrative 309,298 319,113 97%316,933 98%568,821 555,379 Marketing 151,481 132,054 115%143,144 106%254,609 281,319 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL PAYROLL 4,220,724 3,778,788 112% 3,555,643 119% 6,796,370 7,326,792 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- OPERATING EXPENSES Course and Grounds 1,275,596 1,155,790 110%1,138,118 112%1,718,803 1,889,369 Carts, Range, Starters, Etc.60,982 57,658 106%57,326 106%100,665 102,397 Food and Beverage 325,865 233,663 139%211,656 154%429,257 576,290 Pro Shop 46,833 36,774 127%24,131 194%107,040 77,805 Clubhouse Services 349,137 326,594 107%312,900 112%541,795 574,668 Academy 31,854 20,976 152%20,262 157%31,802 40,701 General and Administrative 360,941 300,727 120%315,479 114%546,010 630,945 Marketing 46,781 68,494 68%66,874 70%148,319 83,570 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL OPERATING EXPENSES 2,497,989 2,200,675 114% 2,146,746 116% 3,623,691 3,975,747 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL EXPENSES 7,732,137 6,834,676 113% 6,497,140 119% 12,049,954 13,240,453 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- EBITDA 129,060 (39,609)-326%377,600 34% 1,747,567 2,828,427 -------------------- -------------------------------------------------------------------------------------------------------------- -------------------- January 2023 Year to Date & Rolling 12 Months Finance Committee Item 1L-66 Desert Willow Golf Resort Standard Summary Income Statement For the Seven Months Ending January 31, 2023 YTD YTD % of YTD % of Annual Rolling Actual Budget Budget Prior Year PY Budget 12 Months EBITDA 129,060 (39,609)-326%377,600 34% 1,747,567 2,828,427 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- MANAGEMENT FEES (151,245) (151,667)100% (145,833)104% (460,000) (470,961) ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- FINANCING ACITIVITY Interest Expense - Debt (10,307) (28,505)36%(28,505)36%(49,055)(4,352) Interest Expense - Leases (24,563) (50,377)49%(22,980)107%(74,316) (36,954) Interest Income 42,508 217 19564%219 19412%367 47,146 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL FINANCING ACTIVITY 7,638 (78,664)-10% (51,266)-15% (123,004)5,840 ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- OTHER INCOME (EXPENSE) Non-Operating Revenue 50,400 50,475 100%50,400 100%101,100 100,800 Facility Rent (56,000) (56,000)100%(56,000)100%(96,000) (96,000) Depreciation & Amortization (498,439) (648,971)77%(648,971)77%(1,112,521) (985,239) Taxes (26,421) (14,089)188%(22,908)115%(22,856) (28,983) ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- TOTAL OTHER INCOME (EXPENSE)(530,460) (668,584)79% (677,479)78% (1,130,277) (1,009,422) ------------------------- ----------------------------------------------------------------------------------------------------------------------------- ------------------------- NET INCOME (545,006) (938,524)58%(496,979)110%34,286 1,353,883 ============== ====================================================================== ============== Paid Rounds 45,006 46,358 97%47,494 95%93,602 95,857 Other Rounds 1,338 883 152%1,280 105%1,764 2,077 Total Rounds 46,344 47,240 98%48,774 95%95,366 97,934 Revenue/Paid Rounds 174 147 119%145 120%147 1,974 Revenue/Total Rounds 170 144 118%141 120%145 1,930 Green Fees / Cart Fees per Paid Rounds 96 83 116%82 117%91 1,123 Green Fees / Cart Fees per Total Rounds 94 82 115%80 117%90 1,099 F&B Revenue/Total Rounds 49 38 127%37 131%36 7 Merchandise Revenue/Total Rounds 49 10 476%10 477%9 136 January 2023 Year to Date & Rolling 12 Months Finance Committee Item 1L-67 DWGR Round Mix Analysis For the Seven Months Ending January 31, 2023 Rounds Dollars Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance Public Rack 13,924 31%12,316 27%1,608 12,690 27%1,234 1,638,718$ 38%1,334,897$ 35%303,820$ 1,353,093$ 35%285,625$ Residents 5,835 13%5,381 12%454 5,596 12%239 287,298$ 7%268,440 7%18,858$ 264,678$ 7%22,620$ Outings 7,572 17%7,222 16%350 7,419 15%153 847,749$ 19%696,489 18%151,260$ 704,061$ 18%143,688$ Wholesale 8,110 18%8,491 18%(381) 8,748 18%(638) 793,149 18%713,562$ 19%79,587 723,588 19%69,561 Loyalty/Special 9,565 21%12,947 28%(3,382) 13,419 28%(3,854) 784,933$ 18%836,535$ 22%(51,602)$ 858,535$ 22%(73,602)$ Total 45,006 46,358 (1,352) 47,872 (2,866) 4,351,847$ 3,849,924$ 501,923$ 3,903,955$ 447,892$ -3%-6%13%11% Comp/Employee 1,338 883 455 902 436 -$ -$ -$ -$ Total 46,344 47,240 (896) 48,774 (2,430) 4,351,847$ 3,849,924$ 501,923$ 3,903,955$ 447,892$ 2022/2023 Budget 2021/2022 Public Rack 118$ 108$ 107$ Residents 49$ 50$ 47$ Outings 112$ 96$ 95$ Wholesale 98$ 84$ 83$ Loyalty/Special 82$ 65$ 64$ Total 96.69$ 83.05$ 81.55$ Average Dollars per Round G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2022-2023\ADR analysis 22-23 2/14/2023 Item 1L-68 DWGR Round Mix Analysis For the Month Ended January 31, 2023 Rounds Dollars Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance Public Rack 3,131 32%2,219 24%912 2,491 24%640 477,314$ 40%313,241 31%164,073$ 343,825$ 31%133,489$ Residents 1,486 15%1,435 15%51 1,611 15%(125) 77,085$ 6%75,341 8%1,744$ 83,772$ 8%(6,687)$ Outings 1,264 13%1,102 12%162 1,237 12%27 183,846$ 15%145,927 15%37,919$ 160,175$ 15%23,671$ Wholesale 1,424 15%1,525 16%(101) 1,711 16%(287) 193,747$ 16%170,171$ 17%23,576$ 186,786$ 17%6,961$ Loyalty/Special 2,420 25%3,040 33%(620) 3,412 33%(992) 264,446$ 22%292,848$ 29%(28,402)$ 321,441$ 29%(56,995)$ Total 9,725 9,322 403 10,462 (737) 1,196,438$ 997,528$ 198,910$ 1,095,998$ 100,440$ 4%-7%20%9% Comp/Employee 164 136 28 152 12 -$ -$ -$ -$ Total 9,889 9,458 431 10,614 (725) 1,196,438$ 997,528$ 198,910$ 1,095,998$ 100,440$ 2022/2023 Budget 2021/2022 Public Rack 152$ 141$ 138$ Residents 52$ 52$ 52$ Outings 145$ 132$ 129$ Wholesale 136$ 112$ 109$ Loyalty/Special 109$ 96$ 94$ Total 123.03$ 107.01$ 104.76$ Average Dollars per Round G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2022-2023\ADR analysis 22-23 2/14/2023 Item 1L-69 Desert Willow/PDRFC Statement of Cash Flows-Combined Indirect Method Reconciliation 1/31/2023 Cash Flows from Operating Activities Net Income (Loss)(545,006) Adjustments to reconcile net loss to net cash provided by operating activities Depreciation & Amortization expense 498,439 Bad Debt expense - Gain on disposal of assets - (Increase) Decrease in assets Accounts Receivable 28,374 Due from Employees - Inventories (150,953) Prepaid expenses (20,097) Increase (Decrease) in liabilities Accounts Payable 217,969 Accrued Liabilities (167,862) Deferred Revenue 280,997 Interest - Due to Affiliates 56,000 742,867 Net cash flows from operating activities 197,861 Item 1L-70 Desert Willow/PDRFC Statement of Cash Flows-Combined Direct Method 1/31/2023 Cash Flows from Operating Activities Cash Received From Customers 7,489,510 Interest Received 42,508 Other Operating Cash Receipts 50,400 Cash Paid to Suppliers and Employees (7,323,256) Interest Paid (34,870) Taxes Paid (26,431) Net cash flows from operating activities 197,861 Cash Flows from Investing Activities Contributed Capital - Purchases of Property and Equipment (5,237,098) Proceeds from sale of Property and Equipment - Net cash flows from investing activities (5,237,098) Cash Flows from Financing Activities Loan proceeds-KSM/CITY - Principal payments 7,046,066 Net cash flows from financing activities 7,046,066 Net change in cash 2,006,829 Cash at beginning of period 4,911,680 Cash at end of period 6,918,509 Item 1L-71 DWGR F&B Revenue Analysis Year-to-Date Revenue Analysis 1/31/2023 Dining Analysis 2022.2023 2021.2022 Variance % Dining Covers 34,158 39,256 (5,098)-13% Dining Revenue 850,427$ 871,262$ (20,835)-2% Dining - Ave Check 24.90$ 22.19$ 2.70$ 12% Catering Analysis 2022.2023 2021.2022 Variance % Catering Covers 11,541 7,902 3,639$ 46% Catering Revenue 1,045,807$ 621,953$ 423,855$ 68% Catering Ave Check 90.62$ 78.71$ 11.91$ 15% Outlet Analysis 2022.2023 2021.2022 Variance % Outlet Rounds 46,279 48,766 (2,487)$ -5% Outlet Revenue 287,643$ 251,374$ 36,270$ 14% Outing Ave Check 6.22$ 5.15$ 1.06$ 21% Total F&B Revenue 2,183,878$ 1,744,588$ 439,290$ 25% 2/14/2023 Item 1L-72 2022.2023 July August September October November December January Dining Covers 2,493 2,232 3,222 5,344 8,091 4,780 7,996 Catering Covers 609 622 1,776 2,672 1,825 2,812 1,225 3,102 2,854 4,998 8,016 9,916 7,592 9,221 Dining Revenue 58,206$ 53,320$ 79,143$ 130,449$ 223,044$ 108,659$ 197,607$ Catering Revenue 27,779$ 50,761$ 105,412$ 347,003$ 194,570$ 219,101$ 101,182$ 85,985$ 104,081$ 184,554$ 477,452$ 417,614$ 327,760$ 298,789$ Dining - Ave Check 23.35$ 23.89$ 24.56$ 24.41$ 27.57$ 22.73$ 24.71$ Catering - Ave Check 45.61$ 81.61$ 59.35$ 129.87$ 106.61$ 77.92$ 82.60$ Outlet Revenue 18,415$ 12,700$ 37,835$ 64,612$ 46,955$ 36,303$ 70,822$ Rounds 5,952 4,166 6,000 7,504 6,961 5,811 9,885 $'s per Round 3.09$ 3.05$ 6.31$ 8.61$ 6.75$ 6.25$ 7.16$ 2021.2022 July August September October November December January Dining Covers 2,329 2,438 3,517 6,620 9,299 5,926 9,127 Catering Covers 531 241 846 2,091 1,788 1,663 742 2,860 2,679 4,363 8,711 11,087 7,589 9,869 Dining Revenue 53,314$ 51,089$ 78,284$ 143,499$ 210,002$ 135,512$ 199,563$ Catering Revenue 24,553$ 15,302$ 45,534$ 147,461$ 170,826$ 160,343$ 57,933$ 77,867$ 66,391$ 123,817$ 290,960$ 380,828$ 295,855$ 257,496$ Dining - Ave Check 22.89$ 20.96$ 22.26$ 21.68$ 22.58$ 22.87$ 21.87$ Catering - Ave Check 46.24$ 63.49$ 53.82$ 70.52$ 95.54$ 96.42$ 78.08$ Outlet Revenue 21,560$ 14,260$ 25,524$ 53,436$ 44,416$ 35,289$ 56,888$ Rounds 6,194 4,732 6,268 7,832 7,299 5,827 10,614 $'s per Round 3.48$ 3.01$ 4.07$ 6.82$ 6.09$ 6.06$ 5.36$ PDRFC COVER ANALYSIS G:\Finance\Accounting Documents\F&B REPORTS\F & B Daily Sales Report 22-23\F & B REVENUE REPORT 2022-2023Totals Item 1L-73 February 2023 Month to Date Desert Willow Golf Resort Standard Summary Income Statement For the Eight Months Ending February 28, 2023 MTD MTD % of MTD % of Actual Budget Budget Prior Year PY REVENUES Green Fees & Cart Fees 1,407,383 1,257,705 112%1,312,152 107% Merchandise 195,351 117,694 166%157,996 124% Other Pro Shop 19,876 23,066 86%14,538 137% Range 11,700 10,251 114%12,930 90% Food & Beverage 614,381 415,162 148%534,054 115% Academy Merchandise 8,995 4,989 180%14,258 63% Other Academy 54,188 37,441 145%41,527 130% Other G&A Income 3,972 2,000 199%- 100% ----------------------------------------------------------------------------------------------------------------------------- TOTAL REVENUE 2,315,846 1,868,308 124%2,087,454 111% ----------------------------------------------------------------------------------------------------------------------------- COST OF SALES Merchandise 112,096 64,106 175%82,208 136% Academy 7,344 3,892 189%9,994 73% Food & Beverage 150,267 120,791 124%136,377 110% ----------------------------------------------------------------------------------------------------------------------------- TOTAL COGS 269,707 188,789 143%228,579 118% ----------------------------------------------------------------------------------------------------------------------------- COGS - Merchandise %57.4%54.5%105.3%52.0%110.3% COGS - Academy %81.6%78.0%104.7%70.1%116.5% COGS - F&B %24.5%32.0%76.5%28.4%86.1% PAYROLL Course and Grounds 165,501 163,154 101%155,267 107% Carts, Range, Starters, Etc.62,691 54,090 116%54,945 114% Food and Beverage 265,009 224,206 118%217,337 122% Pro Shop 59,370 57,520 103%53,717 111% Clubhouse Services 17,894 18,127 99%16,844 106% Academy 57,488 39,926 144%39,705 145% General and Administrative 41,811 46,157 91%42,507 98% Marketing 28,769 24,221 119%21,375 135% ----------------------------------------------------------------------------------------------------------------------------- TOTAL PAYROLL 698,533 627,401 111%601,697 116% ----------------------------------------------------------------------------------------------------------------------------- OPERATING EXPENSES Course and Grounds 75,779 81,029 94%83,632 91% Carts, Range, Starters, Etc.15,309 6,363 241%7,985 192% Food and Beverage 100,372 52,999 189%68,736 146% Pro Shop 17,342 21,970 79%18,768 92% Clubhouse Services 46,699 36,267 129%36,829 127% Academy 365 1,527 24%1,859 20% General and Administrative 62,438 56,682 110%55,569 112% Marketing 18,662 26,571 70%9,954 187% ----------------------------------------------------------------------------------------------------------------------------- TOTAL OPERATING EXPENSES 336,967 283,409 119%283,331 119% ----------------------------------------------------------------------------------------------------------------------------- TOTAL EXPENSES 1,305,207 1,099,599 119%1,113,608 117% ----------------------------------------------------------------------------------------------------------------------------- EBITDA 1,010,639 768,709 131%973,846 104% -------------------- ------------------------------------------------------------------------------------------ Item 1L-74 February 2023 Month to Date MTD MTD % of MTD % of Actual Budget Budget Prior Year PY EBITDA 1,010,639 768,709 131%973,846 104% ----------------------------------------------------------------------------------------------------------------------------- MANAGEMENT FEES (21,667)(21,667)100%(20,833)104% ----------------------------------------------------------------------------------------------------------------------------- FINANCING ACITIVITY Interest Expense - Debt (1,000)(4,110)24%(3,712)27% Interest Expense - Leases (8,029)(5,056)159%(2,731)294% Interest Income 8,270 30 27568%35 23923% ----------------------------------------------------------------------------------------------------------------------------- TOTAL FINANCING ACTIVITY (759)(9,136)8%(6,408)12% ----------------------------------------------------------------------------------------------------------------------------- OTHER INCOME (EXPENSE) Non-Operating Revenue - 75 0%- 0% Facility Rent (8,000)(8,000)100%(8,000)100% Depreciation & Amortization (233,631)(92,710)252%(92,710)252% Taxes 337 21 1569%(373)-90% ----------------------------------------------------------------------------------------------------------------------------- TOTAL OTHER INCOME (EXPENSE)(241,293)(100,614)240%(101,083)239% ----------------------------------------------------------------------------------------------------------------------------- NET INCOME 746,921 637,293 117%845,521 88% ====================================================================== Paid Rounds 10,033 9,343 107%10,386 97% Other Rounds 137 95 144%133 103% Total Rounds 10,170 9,438 108%10,519 97% Revenue/Paid Rounds 231 200 115%201 115% Revenue/Total Rounds 228 198 115%198 115% Green Fees / Cart Fees per Paid Rounds 140 135 104%126 111% Green Fees / Cart Fees per Total Rounds 138 133 104%125 111% F&B Revenue/Total Rounds 1 1 167%1 65% Merchandise Revenue/Total Rounds 19 12 154%15 128% Item 1L-75 February 2023 Year to Date and Rolling 12 months Desert Willow Golf Resort Standard Summary Income Statement For the Eight Months Ending February 28, 2023 YTD YTD % of YTD % of Annual Rolling Actual Budget Budget Prior Year PY Budget 12 Months REVENUES Green Fees & Cart Fees 5,764,140 5,110,611 113%5,220,144 110%8,549,713 9,604,709 Merchandise 771,777 601,659 128%656,153 118%904,867 1,175,859 Other Pro Shop 420,754 443,068 95%428,253 98%473,645 474,504 Range 45,855 45,324 101%52,586 87%73,677 71,210 Food & Beverage 2,874,179 2,227,325 129%2,344,564 123%3,433,920 4,505,568 Academy Merchandise 27,091 25,874 105%33,917 80%51,599 58,106 Other Academy 241,559 191,464 126%207,039 117%284,051 357,543 Other G&A Income 31,689 18,050 176%19,538 162%26,050 49,773 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL REVENUE 10,177,043 8,663,375 117%8,962,193 114%13,797,521 16,297,271 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ COST OF SALES Merchandise 436,263 328,910 133%338,581 129%493,960 632,807 Academy 21,774 20,181 108%25,384 86%40,247 44,672 Food & Beverage 825,093 694,910 119%659,365 125%1,095,686 1,301,563 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL COGS 1,283,130 1,044,001 123%1,023,330 125%1,629,893 1,979,041 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ COGS - Merchandise %56.5%54.7%103.4%51.6%109.5%54.6%638.4% COGS - Academy %80.4%78.0%103.0%74.8%107.4%78.0%929.6% COGS - F&B %32.3%34.3%94.0%31.3%103.1%34.3%407.8% PAYROLL Course and Grounds 1,448,144 1,372,983 105%1,277,749 113%2,071,977 2,135,611 Carts, Range, Starters, Etc.393,196 352,186 112%340,677 115%551,573 607,923 Food and Beverage 1,733,807 1,385,385 125%1,286,919 135%2,155,866 2,608,691 Pro Shop 429,730 441,929 97%404,984 106%680,580 655,227 Clubhouse Services 162,009 151,020 107%139,830 116%227,940 236,013 Academy 221,012 181,140 122%183,221 121%285,005 336,766 General and Administrative 351,109 365,270 96%359,440 98%568,821 554,683 Marketing 180,250 156,275 115%164,519 110%254,609 288,713 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL PAYROLL 4,919,257 4,406,189 112%4,157,340 118%6,796,370 7,423,628 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ OPERATING EXPENSES Course and Grounds 1,351,376 1,236,819 109%1,221,749 111%1,718,803 1,881,517 Carts, Range, Starters, Etc.76,291 64,022 119%65,311 117%100,665 109,721 Food and Beverage 426,237 286,662 149%280,392 152%429,257 607,927 Pro Shop 64,175 58,744 109%42,900 150%107,040 76,380 Clubhouse Services 395,836 362,861 109%349,729 113%541,795 584,538 Academy 32,220 22,504 143%22,121 146%31,802 39,207 General and Administrative 423,379 357,408 118%371,047 114%546,010 637,815 Marketing 65,443 95,066 69%76,828 85%148,319 92,278 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL OPERATING EXPENSES 2,834,956 2,484,084 114%2,430,077 117%3,623,691 4,029,382 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL EXPENSES 9,037,344 7,934,275 114%7,610,748 119%12,049,954 13,432,051 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ EBITDA 1,139,700 729,100 156%1,351,446 84%1,747,567 2,865,220 -------------------- ------------------------------------------------------------------------------------------------------------ -------------------- Item 1L-76 February 2023 Year to Date and Rolling 12 months Desert Willow Golf Resort Standard Summary Income Statement For the Eight Months Ending February 28, 2023 YTD YTD % of YTD % of Annual Rolling Actual Budget Budget Prior Year PY Budget 12 Months EBITDA 1,139,700 729,100 156%1,351,446 84%1,747,567 2,865,220 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ MANAGEMENT FEES (172,911)(173,333)100%(166,667)104%(460,000)(471,795) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ FINANCING ACITIVITY Interest Expense - Debt (11,307)(32,615)35%(32,217)35%(49,055)(1,640) Interest Expense - Leases (32,592)(55,433)59%(25,711)127%(74,316)(42,252) Interest Income 50,778 247 20535%254 20027%367 55,382 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL FINANCING ACTIVITY 6,879 (87,801)-8%(57,674)-12%(123,004)11,490 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ OTHER INCOME (EXPENSE) Non-Operating Revenue 50,400 50,550 100%50,400 100%101,100 100,800 Facility Rent (64,000)(64,000)100%(64,000)100%(96,000)(96,000) Depreciation & Amortization (732,069)(741,681)99%(741,681)99%(1,112,521)(1,126,159) Taxes (26,084)(14,067)185%(23,282)112%(22,856)(28,273) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ TOTAL OTHER INCOME (EXPENSE)(771,753)(769,198)100%(778,562)99%(1,130,277)(1,149,632) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ NET INCOME 201,914 (301,232)-67%348,542 58%34,287 1,255,283 ================================================================================================== Paid Rounds 55,039 55,701 99%58,258 94%93,602 95,504 Other Rounds 1,475 978 151%1,035 143%1,764 2,081 Total Rounds 56,514 56,678 100%59,293 95%95,366 97,585 Revenue/Paid Rounds 184 156 118%155 119%147 2,004 Revenue/Total Rounds 180 153 118%151 119%145 1,959 Green Fees / Cart Fees per Paid Rounds 104 92 114%90 116%91 1,137 Green Fees / Cart Fees per Total Rounds 102 90 113%88 116%90 1,113 F&B Revenue/Total Rounds 0 0 105%1 84%1 7 Merchandise Revenue/Total Rounds 14 11 129%11 123%9 140 Item 1L-77 2018-2019 2019-2020 2020-2021 2021-2022 OPERATIONAL INCOME STATEMENT Actuals Actuals Actuals Actuals 2022-2023 Forecast Beginning Cash Balance 3,327,774 3,596,022 2,374,599 3,817,067 4,911,679 REVENUES Green Fees & Cart Fees 7,080,240 5,582,594 7,481,139 9,060,713 9,565,069 Merchandise 809,498 713,947 785,205 1,060,234 1,079,626 Other Pro Shop 501,340 517,703 491,579 482,003 455,829 Range 43,827 35,476 67,454 77,941 74,616 Food & Beverage 2,869,768 2,216,719 2,181,902 3,975,953 4,492,967 Academy Merchandise 92,285 76,911 77,263 64,932 58,762 Other Academy 216,465 173,351 268,967 323,023 338,125 Other G&A Income 24,542 28,722 14,504 37,621 40,205 Transfer in from GF - - - - - TOTAL REVENUE 11,637,965 9,345,423 11,368,013 15,082,421 16,105,200 EXPENDITURES Cost of Good Sold 1,355,396 1,121,263 1,200,530 1,719,241 1,948,800 Payroll 5,264,339 5,171,186 5,410,712 6,661,711 7,544,605 Operating Expenses 3,086,672 2,954,736 2,918,415 3,624,504 4,083,774 Equipment/Leases 636,885 450,384 469,030 988,548 720,000 Other Expense 609,758 513,878 557,776 518,614 495,398 Loan Repayment from City ($1M still outstanding)- - - 500,000 500,000 Capital Improvement Plan Firecliff Golf Course Renovation - - - - 3,500,000 Annual DWGR Capital Replacement Expenditures 658,476 271,100 459,151 414,346 490,000 Annual Perimeter & DW Drive Expenditures 142,881 182,157 187,417 190,454 400,000 Total CIP 801,357 453,257 646,568 604,801 4,390,000 TOTAL EXPENDITURES 11,754,407 10,664,704 11,203,031 14,617,418 19,682,577 Net Surplus/(Deficit)(116,442) (1,319,281) 164,982 465,003 (3,577,377) Transfer in from Capital Reserve 657,435 367,697 577,065 464,767 700,000 Accrual to Cash Basis Adjustment (272,745) (269,839) 700,421 164,842 OPERATIONS RESERVE PLAN/ANALYSIS Ending DW Cash Balance/Reserve 3,596,022 2,374,599 3,817,067 4,911,679 2,034,302 Restricted for Outstanding Operational Loan 2,000,000 2,000,000 2,000,000 1,500,000 1,000,000 90 Day Operations Reserve 2,738,262 2,552,862 2,639,116 3,378,154 3,698,144 Reserve Surplus/(Deficit) *(1,142,240) (2,178,263) (822,049) 33,524 (2,663,843) * - Risk to General Fund Desert Willow Golf Resort Budget and Cash Flow Analysis Item 1L-78 DWGR Round Mix Analysis For the Month Ended February 28, 2023 Rounds Dollars Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance Public Rack 2,856 28%2,931 31%(75) 2,919 28%(63) 468,706$ 33%499,606 40%(30,900)$ 473,082$ 36%(4,376)$ Residents 908 9%446 5%462 924 9%(16) 47,199$ 3%23,506 2%23,693$ 48,033$ 4%(834)$ Outings 2,775 28%2,106 23%669 2,236 22%539 468,335$ 33%310,427 25%157,908$ 336,645$ 26%131,690$ Wholesale 1,514 15%1,402 15%112 1,708 16%(194) 209,139$ 15%170,155$ 14%38,984$ 195,927$ 15%13,213$ Loyalty/Special 1,980 20%2,457 26%(477) 2,599 25%(619) 213,830$ 15%253,711$ 20%(39,881)$ 258,558$ 20%(44,728)$ Total 10,033 9,343 690 10,386 (353) 1,407,209$ 1,257,405$ 149,804$ 1,312,245$ 94,964$ 7%-3%12%7% Comp/Employee 137 95 42 133 4 -$ -$ -$ -$ Total 10,170 9,438 732 10,519 (349) 1,407,209$ 1,257,405$ 149,804$ 1,312,245$ 94,964$ 2022/2023 Budget 2021/2022 Public Rack 164$ 170$ 162$ Residents 52$ 53$ 52$ Outings 169$ 147$ 151$ Wholesale 138$ 121$ 115$ Loyalty/Special 108$ 103$ 99$ Total 140.26$ 134.58$ 126.35$ Average Dollars per Round G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2022-2023\ADR analysis 22-23 3/10/2023 Item 1L-79 DWGR Round Mix Analysis For the Eight Months Ending February 28, 2023 Rounds Dollars Category 2022/2023 %Budget %Variance 2021/2022 %Variance 2022/2023 %Budget %Variance 2021/2022 %Variance Public Rack 16,780 30%15,248 27%1,532 15,609 27%1,171 2,107,424$ 37%1,834,503$ 36%272,921$ 1,826,175$ 35%281,249$ Residents 6,743 12%5,827 10%916 6,520 11%223 334,497$ 6%291,946 6%42,551$ 312,711$ 6%21,786$ Outings 10,347 19%9,329 17%1,018 9,655 17%692 1,316,084$ 23%1,006,916 20%309,168$ 1,040,706$ 20%275,378$ Wholesale 9,624 17%9,893 18%(269) 10,456 18%(832) 1,002,288 17%883,717$ 17%118,571 919,515 18%82,773 Loyalty/Special 11,545 21%15,404 28%(3,859) 16,018 27%(4,473) 998,763$ 17%1,090,246$ 21%(91,483)$ 1,117,093$ 21%(118,330)$ Total 55,039 55,701 (662) 58,258 (3,219) 5,759,056$ 5,107,328$ 651,727$ 5,216,200$ 542,856$ -1%-6%13%10% Comp/Employee 1,475 978 497 1,035 440 -$ -$ -$ -$ Total 56,514 56,678 (164) 59,293 (2,779) 5,759,056$ 5,107,328$ 651,727$ 5,216,200$ 542,856$ 2022/2023 Budget 2021/2022 Public Rack 126$ 120$ 117$ Residents 50$ 50$ 48$ Outings 127$ 108$ 108$ Wholesale 104$ 89$ 88$ Loyalty/Special 87$ 71$ 70$ Total 104.64$ 91.69$ 89.54$ Average Dollars per Round G:\Finance\Derek White\My Documents\Analytics\ADR Analysis Monthly Reports\2022-2023\ADR analysis 22-23 3/10/2023 Item 1L-80 Desert Willow/PDRFC Statement of Cash Flows-Combined Indirect Method Reconciliation 2/28/2023 Cash Flows from Operating Activities Net Income (Loss)201,914 Adjustments to reconcile net loss to net cash provided by operating activities Depreciation & Amortization expense 732,069 Bad Debt expense - Gain on disposal of assets - (Increase) Decrease in assets Accounts Receivable (192,866) Due from Employees - Inventories (135,048) Prepaid expenses (245) Increase (Decrease) in liabilities Accounts Payable 186,648 Accrued Liabilities (44,003) Deferred Revenue 156,156 Interest - Due to Affiliates 64,000 766,711 Net cash flows from operating activities 968,625 Item 1L-81 Desert Willow/PDRFC Statement of Cash Flows-Combined Direct Method 2/28/2023 Cash Flows from Operating Activities Cash Received From Customers 10,412,304 Interest Received 50,778 Other Operating Cash Receipts 50,400 Cash Paid to Suppliers and Employees (9,474,874) Interest Paid (43,899) Taxes Paid (26,084) Net cash flows from operating activities 968,625 Cash Flows from Investing Activities Contributed Capital - Purchases of Property and Equipment (6,812,475) Proceeds from sale of Property and Equipment - Net cash flows from investing activities (6,812,475) Cash Flows from Financing Activities Loan proceeds-KSM/CITY - Principal payments 7,046,066 Net cash flows from financing activities 7,046,066 Net change in cash 1,202,216 Cash at beginning of period 4,911,680 Cash at end of period 6,113,896 Item 1L-82 DWGR F&B Revenue Analysis Year-to-Date Revenue Analysis 2/28/2023 Dining Analysis 2022.2023 2021.2022 Variance % Dining Covers 44,127 50,560 (6,433)-13% Dining Revenue 1,106,669$ 1,137,657$ (30,988)-3% Dining - Ave Check 25.08$ 22.50$ 2.58$ 11% Catering Analysis 2022.2023 2021.2022 Variance % Catering Covers 13,671 9,448 4,223$ 45% Catering Revenue 1,314,959$ 804,858$ 510,100$ 63% Catering Ave Check 96.19$ 85.19$ 11.00$ 13% Outlet Analysis 2022.2023 2021.2022 Variance % Outlet Rounds 56,449 59,285 (2,836)$ -5% Outlet Revenue 370,011$ 316,295$ 53,715$ 17% Outing Ave Check 6.55$ 5.34$ 1.22$ 23% Total F&B Revenue 2,791,639$ 2,258,811$ 532,828$ 24% 3/9/2023 Item 1L-83 2022.2023 July August September October November December January February Dining Covers 2,493 2,232 3,222 5,344 8,091 4,780 7,996 9,969 Catering Covers 609 622 1,776 2,672 1,825 2,812 1,225 2,130 3,102 2,854 4,998 8,016 9,916 7,592 9,221 12,099 Dining Revenue 58,206$ 53,320$ 79,143$ 130,449$ 223,044$ 108,659$ 197,607$ 256,242$ Catering Revenue 27,779$ 50,761$ 105,412$ 347,003$ 194,570$ 219,101$ 101,182$ 269,151$ 85,985$ 104,081$ 184,554$ 477,452$ 417,614$ 327,760$ 298,789$ 525,393$ Dining - Ave Check 23.35$ 23.89$ 24.56$ 24.41$ 27.57$ 22.73$ 24.71$ 25.70$ Catering - Ave Check 45.61$ 81.61$ 59.35$ 129.87$ 106.61$ 77.92$ 82.60$ 126.36$ Outlet Revenue 18,415$ 12,700$ 37,835$ 64,612$ 46,955$ 36,303$ 70,822$ 82,368$ Rounds 5,952 4,166 6,000 7,504 6,961 5,811 9,885 10,170 $'s per Round 3.09$ 3.05$ 6.31$ 8.61$ 6.75$ 6.25$ 7.16$ 8.10$ 2021.2022 July August September October November December January February Dining Covers 2,329 2,438 3,517 6,620 9,299 5,926 9,127 11,304 Catering Covers 531 241 846 2,091 1,788 1,663 742 1,546 2,860 2,679 4,363 8,711 11,087 7,589 9,869 12,850 Dining Revenue 53,314$ 51,089$ 78,284$ 143,499$ 210,002$ 135,512$ 199,563$ 266,395$ Catering Revenue 24,553$ 15,302$ 45,534$ 147,461$ 170,826$ 160,343$ 57,933$ 182,905$ 77,867$ 66,391$ 123,817$ 290,960$ 380,828$ 295,855$ 257,496$ 449,301$ Dining - Ave Check 22.89$ 20.96$ 22.26$ 21.68$ 22.58$ 22.87$ 21.87$ 23.57$ Catering - Ave Check 46.24$ 63.49$ 53.82$ 70.52$ 95.54$ 96.42$ 78.08$ 118.31$ Outlet Revenue 21,560$ 14,260$ 25,524$ 53,436$ 44,416$ 35,289$ 56,888$ 64,922$ Rounds 6,194 4,732 6,268 7,832 7,299 5,827 10,614 10,519 $'s per Round 3.48$ 3.01$ 4.07$ 6.82$ 6.09$ 6.06$ 5.36$ 6.17$ PDRFC COVER ANALYSIS G:\Finance\Accounting Documents\F&B REPORTS\F & B Daily Sales Report 22-23\F & B REVENUE REPORT 2022-2023Totals Item 1L-84 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: APPROVE APPROPRIATION, ASSOCIATED TRANSFERS, AND INCREASE IN ESTIMATED REVENUE ASSOCIATED WITH AWARDED URBAN COMMUNITY DROUGHT RELIEF FUNDING FOR TURF CONVERSION PROGRAMS RECOMMENDATION: 1.Acknowledge award of Urban Community Drought Relief Funding in the amount of $262,321 for residential and commercial turf conversion programs bringing total turf conversion funding allocation for FY 2022/2023 to $1,762,321. 2.Approve an appropriation of $262,321 to be transferred from the General Fund Reserves into Account No. 4004437-4391503 (Turf Retrofit) and an increase in estimated revenue of $262,321 to Account No. 4000000-3499500 (Reimbursement from other governments). 3.Authorize the City Manager to sign all necessary documents associated with the Urban Community Drought Relief Program, approved as to form by the City Attorney. BACKGROUND/ANALYSIS: On September 15, 2022, the City Council appropriated $1.5 million from the unobligated general fund reserve for a turf rebate partnership with the Coachella Valley Water District (CVWD). The program incentivized residents, HOAs, and businesses to move forward with converting from living turf to drought-tolerant landscaping and assisted the City and CVWD to accomplish their mutual goals of increased efficiency in landscape water use, reduced groundwater consumption, and elimination of street water run-off. The program was a great success and by the end of February 2023, the funds were 100 percent allocated to projects as outlined in the tables below. Residential Projects $3 per sq. ft. - maximum project size 7,500 sq. ft. Total Participants = 289 Total Square Feet Converted = 315,644 Total Square Feet in Process of Conversion = 138,231 Total Square Feet on Waiting List = 4,034 Commercial/HOAs $1 per sq. ft. – maximum project size 25,000 sq. ft. Total Participants = 50 Total Square Feet of Turf Converted = 188,512 Total Square Feet in Process of Conversion = 214,351 Total Square Feet on Waiting List = 30,730 *According to CVWD, the estimated gallons of water saved on turf already converted is 29,498,206. Please note that this estimated amount is based on conversions from spray irrigated turf to drip irrigated native landscape. The actual savings could be greater as numerous projects are using very low water use plants or have artificial turf (no water use). Item 1M-1 City of Palm Desert Palm Desert Turf Rebate Program Partnership with CVWD Page 2 of 2 On February 15, 2023, staff was informed that the City of Palm Desert was awarded $262,321 in Urban Community Drought Relief funding through a group application submitted by the Coachella Valley Integrated Regional Water Management Group (CVIRWMG). Because this was a group application, funding will go directly to CVWD and CVIRWMG and CVWD staff will handle all paperwork and reporting on the City’s behalf. Once received, this funding will assist with the projects that remain on the waiting list indicated in the above tables. FINANCIAL IMPACT: Because the grant funding received is specifically earmarked for turf conversion, staff is recommending approval of an appropriation to be transferred from unobligated General Fund Reserve in the amount of $262,321 to Account No. 4004437-4391503 (Turf Retrofit) and an increase in estimated revenue of $262,321 in Account. No. 4000000-3499500 (Reimbursement from other governments) which will be transferred back to the General Fund upon receipt. This will bring the overall turf rebate funding program amount to $1,762,321. REVIEWED BY: Department Director: Amy Lawrence for Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Email from Woodard & Curran Item 1M-2 From:Katie Evans To:Amy Lawrence Subject:Drought Grant Date:Thursday, April 20, 2023 8:58:51 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Good morning Amy, The City of Palm Desert requested grant funding via the Urban Community Funding DroughtRelief grant through the Coachella Valley Regional Water Management Group (CVRWMG). Per my email to you on February 15, 2023, the CVRWMG was informed on February 2, 2023, thatit was awarded a total of $5 million for turf removal projects. The CVRWMG decided to allocate the funding based on a formula that considered an evendistribution and distribution based on the amount of the original grant request. Coachella ValleyWater District elected to distribute a portion of their funding to the City of Palm Desert becauseyou are within their service area. Under this formula, Palm Desert would receive $262,321towards the City’s turf rebate program. CVRWMG and CVWD will manage all grant reporting associated with this program. Thank you, Katie EvansSenior Communications Strategist 858.875.7415 760.625.8925 woodardcurran.com kevans@woodardcurran.com Item 1M-3 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE PROFESSIONAL SERVICES AGREEMENT (PSA) IN THE AMOUNT OF $117,000 WITH COLDWELL BANKER RICHARD ELLIS (CBRE) FOR REAL ESTATE ADVISORY SERVICES RELATED TO THE SHOPS AT PALM DESERT LOCATED AT 72-840 HIGHWAY 111 RECOMMENDATION: 1. Approve a Professional Services Agreement with Coldwell Banker Richard Ellis (CBRE) in the amount of $117,000 for on-going real estate advisory services for The Shops at Palm Desert. 2. Authorize the City Manager to execute the agreement and make any amendments necessary to effectuate services. BACKGROUND/ANALYSIS: In 2021, the City learned that Unibail-Rodamco-Westfield Group (URW) was relinquishing ownership of The Westfield Palm Desert mall site and that the property would go into receivership with Jones Lang LaSalle (JLL) for management and sale of the property. Since that time, the City contracted with CBRE for on-going real estate advisory services to assist with navigation of the following: x Sales process x Strategic planning for redevelopment of the site x Maintaining relationships with existing tenants x Performance of a developer’s forum x Outreach to mall developers Discussion: The current contract with CBRE has expired and City staff is interested in continuing to use their services. To date, the City has benefited from their services as the CBRE team has vast national experience with commercial development and strategic planning. Staff is requesting approval for a new contract to continue receiving necessary advisory services inclusive of the following: x Explore joint-venture and partnership options for redevelopment of the property. x Explore a mix of uses and strategies to support the mall redevelopment. x Advise on the highest and best use for the mall site. x Maintain outreach with WEA, JLL, and other parties. x Coordination with existing key tenants. x Coordination and management of the City-owned parcels. Item 1N-1 City of Palm Desert Real Estate Advisory Services – CBRE Contract Page 2 of 2 The cost for these services, including a monthly retainer fee are equal to $117,000 for the next six (6) months with the option to renew the contract for two (2) additional six (6) month terms. Strategic Plan: Contracting with CBRE for real estate advisory services related to The Shops in Palm Desert aligns with the following priorities outlined in the City’s Strategic Plan: x Economic Development – Priority 1: Expand job and business creation opportunities. x Economic Development – Priority 4: Expand and raise awareness of business-friendly services in order to retain and attract business. x Land Use, Housing & Open Space – Priority 1: Enhance Palm Desert as a first-class destination for premier shopping and national retail businesses. x Land Use, Housing & Open Space – Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs. FINANCIAL IMPACT: Monies for these services are budgeted in Economic Development Department’s Professional Services Account No. 1104430-4309102. City staff is requesting that the City Council provide an exception to the City’s procurement methods as provided by P.D.M.C Section 3.30.160(I), “Best Interest of the City” as the service provided by CBRE is a continuation of previous services for real estate advisory services related to the mall site. City staff is satisfied with the services provided by CBRE to date and changing firms for this service would stall the existing strategy and momentum for redevelopment of the site. REVIEWED BY: Department Director: Eric Ceja Attorney Review: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. DRAFT Professional Services Agreement 2. CBRE Proposal Item 1N-2 CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT Contract No. ____________ 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of May, 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 CBRE, Inc. with its principal place of business at 4141 Inland Empire Boulevard, Suite 100, Ontario, CA 91764 ("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: Professional Real Estate Advisory 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 May 1st, 2023 to November 1st, 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 two (2) additional six-month 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 Item 1N-3 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -2- 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 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 "A" 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: Brian Hutcherson, Pacific Southwest Regional Manager. 3.2.5 City's Representative. The City hereby designates Eric Ceja, Director of Economic Development, 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 Brian Hutcherson, Pacific Southwest Regional Manager, 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 Item 1N-4 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -3- responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and Item 1N-5 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -4- shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 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 Item 1N-6 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -5- performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) [Reserved] (G) [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, Item 1N-7 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -6- along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating 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 Item 1N-8 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -7- 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 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 Item 1N-9 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -8- change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Seventeen Thousand Dollars ($117,000.00) 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, Item 1N-10 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -9- 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 "A" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing 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 Item 1N-11 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -10- 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. 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. Item 1N-12 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -11- 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: CBRE, Inc. 4141 Inland Empire Blvd, Suite 100 Ontario, CA 91764 ATTN: Brian Hutcherson City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Eric Ceja, Dir. Of Economic Development Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a 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 Item 1N-13 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -12- 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 1N-14 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -13- 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, Item 1N-15 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -14- 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 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. Item 1N-16 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -15- 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and 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 1N-17 Contract No. ____________ W:\Staff Reports - Shared 2\2023\2023-04-27 Staff Reports\1N CBRE Agreement\CBRE Agreement - May 2023.docx -16- SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND CBRE, 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 CBRE, INC. By: Its: PACIFIC SOUTHWEST REGIONAL MANAGER ____________________________ Printed Name: BRIAN HUTCHERSON ____________________________ By:________________________________ Its: __________________________________ Printed Name: __________________________________ Item 1N-18 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES Item 1N-19 Contract No. ____________ Exhibit “A” Item 1N-20 Contract No. ____________ Exhibit “A” Exhibit “B” Schedule of Services Duration: Six (6) months: May 2023 – November 2023 Item 1N-21 Item 1N-22 Item 1N-23 Item 1N-24 Item 1N-25 Item 1N-26 Item 1N-27 Item 1N-28 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Eric Ceja, Director of Economic Development Deborah Glickman, Management Analyst REQUEST: RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO THE CITY AND TO CONSENT TO THE RECORDATION THEREOF RECOMMENDATION: Adopt a Resolution authorizing the City Manager to accept deeds or grants conveying an interest in real estate or real property to the City and consent to the recordation thereof. BACKGROUND/ANALYSIS: At its meeting on March 9, 2023, the City Council authorized the City Manager to sign a letter of donation to accept 9.18 acres of real property adjacent to Homme Adams Park from the Slaughter Family Trust (Assessor’s Parcel Numbers 628-030-009 and 628-030-011) for use as open space. To complete the transfer of the property and record a Grant Deed with the County of Riverside, a Resolution codifying the City Council’s granting of authority to the City Manager to accept deeds or grants conveying an interest in real estate or real property and consenting to the recordation of the deed must be approved by the City Council. If approved, the attached Resolution will fulfill the requirements above and allow the transfer of the property from the Slaughter Family Trust to the City of Palm Desert as previously approved by the City Council. FINANCIAL IMPACT: There is no fiscal impact associated with adopting the proposed Resolution. REVIEWED BY: Department Director: Amy Lawrence for Eric Ceja City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Resolution 2. Map of Donated Parcels RESOLUTION NO. 2023-_________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO SAID CITY AND TO CONSENT TO THE RECORDATION THEREOF. WHEREAS, the City of Palm Desert is a charter city and municipal corporation organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, Section 27281 of the Government Code of the State of California provides that deeds or grants conveying any interest in or easements upon real estate or real property to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance or certificate of acceptance pursuant to its resolution authorizing an officer or agent to accept and consent to the recordation of such deeds and grants, attached to or printed on the deed or grant; and WHEREAS, the City of Palm Desert is a governmental agency within the purview of Section 27281 of the Government Code of the State of California; NOW, THEREFORE, the City Council of the City of Palm Desert hereby resolves as follows: SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The City Manager of the City of Palm Desert hereby is authorized to accept deeds or grants conveying any interest in or easement upon real property or real estate to the said City. SECTION 3. The City Manager of the City of Palm Desert hereby is authorized to consent to the recordation of deeds or grants conveying any interest in or easement upon real estate or real property to the said City, on behalf of the City Council of said City. ADOPTED ON ________________, 2023. ____________________________________ KATHLEEN KELLY MAYOR ATTEST: ___________________ ANTHONY J. MEJIA CITY CLERK Resolution No. 2023-____ I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on __________________, 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 ______________, 20__. ANTHONY J. MEJIA CITY CLERK CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Richard D. Cannone, AICP, Development Services Director REQUEST: AWARD A CONTRACT TO JOHN KALISKI ARCHITECTS, INC FROM LOS ANGELES, CALIFORNIA, TO PREPARE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY AND MIXED-USE HOUSING PROJECTS IN THE AMOUNT OF $149,774 RECOMMENDATION: 1.Award contract to John Kaliski Architects, Inc from Los Angeles, California, to prepare objective design standards for multifamily and mixed-use housing projects in the amount of $149,774. 2. Authorize the City Manager or designee to negotiate and/or take any necessary actions to facilitate the agreement, to execute the agreement, and to finalize and execute any documents necessary to effectuate the actions taken herewith. Funds are available in Account No. 1104470-4309000. BACKGROUND/ANALYSIS: Historically, the City of Palm Desert’s (City) municipal code has relied on a discretionary process to regulate design. The Architectural Review Commission (ARC) is the advisory body to the Planning Commission and City Council for the design review of architecture and landscaping (Section 25.68.020). The City’s municipal code contains primarily subjective design standards and limited objective design standards. This approach allowed the ARC to exert discretion when reviewing housing developments, which relied upon unwritten design policy. Changes in the State Housing Laws have limited the City’s local control to regulate the design of housing developments. Through Senate Bill 330 (SB 330), also known as the Housing Accountability Act, the state has made all subjective design standards unenforceable. On January 1, 2020, SB 330 went into effect to streamline the approval process and accelerate housing production, requiring that cities can no longer impose or enforce subjective design standards upon the land “where housing is an allowable use.” Instead, the City may set objective design standards (i.e., standards that involve no personal or subjective judgment) for a proposed project. SB 330 has taken away local control for those jurisdictions that do not have objective design standards or those that rely on a discretionary public review process. Under SB 330, project applications are judged based on precise objective standards which leave no room for personal taste or opinion in their application. Hence, if the developer’s designs meet those requirements, the City no longer has the authority to deny a project. Item 1P-1 The Housing Accountability Act defines “housing development project” to mean a project that proposes: • Residential units only, • a mixed-use development in which at least 2/3 of the square footage is residential, or • transitional or supportive housing. Development Services staff developed a detailed Scope of Services (Exhibit A of the draft contract) for RFP No. 2023-RFP-185 to solicit proposals and identify the most qualified firm to develop objective design standards to satisfy the requirements of the Housing Accountability Act. Notices announcing the availability of the RFP were distributed via the City’s online bid system, OpenGov Procurement, on March 6, 2023. A total of 1,336 firms were notified, 246 firms viewed the RFP, and 28 firms downloaded the RFP. A mandatory pre-proposal meeting was held on March 13, 2023, and a total of two (2) firms attended that meeting, and both firms submitted proposals that included the following: • John Kaliski Architects • Perkins Eastman Architects A review panel consisting of the Development Services Director, Deputy Director, and Principal Planner reviewed the responses in accordance with the following evaluation criteria: 1. Experience and background of the firm, with emphasis on successful completion of local government projects that are similar in scope and nature. 2. Responsiveness to the objectives of the requested services. 3. Creative approach in recommending additions and refinements to the scope of work that achieve the goals of the project. 4. Demonstrated ability to meet schedules, deadlines, and complete projects within the budget representative of the defined scope of work. 5. Overall quality, completeness, and clarity in the proposal. 6. Proposal pricing and value to the City. The panel determined that both firms should be interviewed. Of the two firms interviewed on April 4, 2023, the panel selected John Kaliski Architects as the most qualified firm. The panel’s final ranking was as follows: Firm Location Rank Score (100) Fee John Kaliski Architects Los Angeles, CA 1 86 $149,774 Perkins Eastman Architects Los Angeles, CA 2 62 $259,848 While both firms were qualified, key items that set the two firms apart included: • The ability to meet the established deadline of adoption by September 30, 2023. For this project, the City has been allocated $40,000 through the California Department Item 1P-2 Housing and Community Development (HCD) Local Early Action Planning (LEAP) Grant with the possibility of increasing the grant amount to $150,000. The LEAP grant is a reimbursable grant that requires final invoices for reimbursement to be submitted to HCD by September 30, 2023. • The ability to meet the established budget. As part of the RFP, a maximum budget of $150,000 was established. • The subconsultants ability to meet the private development clause in the draft contract. To avoid any actual or perceived conflicts of the firm creating the design standards while representing development interest now or in the immediate future, the following language was incorporated into the draft contract: o 3.2.10.4 Private Development - Vendor and any sub-consultants shall be prohibited from representing any private development interests in the city for the term of this contract and one year after the termination of this contract. • The top-ranked firm has successfully completed Objective Design Standards and similar design/regulatory studies mandated by the State of California legislation. Attached is the draft professional services agreement with John Kaliski Architects in the amount not to exceed $149,774 to prepare objective design standards for multifamily and mixed-use housing projects. Strategic Plan: Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs. FINANCIAL IMPACT: Funds have been budgeted to cover the cost of this contract for the portion of the term within FY 2022/2023. The remainder of the contract period will be included in the 2023/2024 budget request, with a minimum of $40,000 reimbursed by the LEAP Grant. REVIEWED BY: Department Director: Richard D. Cannone, AICP City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. Draft Agreement with Exhibits 2. John Kaliski Architects Proposal Item 1P-3 Submitted By: LEGAL NAME John Kaliski Architects, Inc. ADDRESS 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 PHONE NUMBER (213) 383-7980 YEAR ESTABLISHED 2000 TYPE OF ORGANIZATION S-Corporation, California DATE SUBMITTED 3/22/2023 PROPOSAL: RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS RFP NO. 2023-RFP-185 Attn: Richard Cannone, Director Attn: Richard Trupiano, Buyer City of Palm Desert Development Services Department 73-510 Fred Waring Drive Palm Desert, CA 92260 with Item 1P-4 2 JOHN KALISKI ARCHITECTS 3780 Wilshire Boulevard, Suite 500 Los Angeles, CA 90010 (213) 383.7980 ph | www.jka-la.com John Kaliski, FAIA C17945 John Kaliski, FAIA, NCARB President, Managing Principal (213) 383-7980 extension 102 jkaliski@jka-la.com 22 March 2023 City of Palm Desert Development Services Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Richard Cannone, Director Attn: Richard Trupiano, Buyer Re: JKA Proposal for Residential and Mixed-Use Objective Design Standards (RFP No.2023-RFP-185) Dear Mr. Cannone and Mr. Trupiano, John Kaliski Architects, Inc. (JKA), a Los Angeles-based architecture and urban design firm, is pleased to submit qualifications and a proposal for the City of Palm Desert Residential and Mixed-Use Objective Design Standards (Project). John Kaliski, JKA Principal, shall be the Contract point of contact. Amee Bhatt, JKA Project Manager, shall be the day-to-day Project point of contact. If awarded the Project, JKA will develop the work at our Los Angeles office. All key meetings, workshops, and study sessions are anticipated to occur in Palm Desert. JKA has assembled an experienced team for this Project, including Environmental Science Associates (ESA - Planning and Environmental Review) and Tajima Open Design Office (TODO - Landscape Architecture). JKA has previously collaborated with Shannon Wages, Principal at ESA, on a diverse portfolio of projects. Takako Tajima, a landscape architect and USC professor, worked on urban design projects at JKA before founding TODO. Our team (collectively “Consultant”) brings to this effort working relationships and long-term experience regarding planning and urban design policies, outreach, and environmental analysis, allowing us to efficiently develop quantifiable design standards that support Palm Desert. This RFP presents an exciting opportunity to build measurable and easily-understood criteria that, imple- mented site-by-site, reinforce a sense of local identity, environment, and place. Through outreach and feedback from the community, JKA will establish realizable expectations for environmentally-appropriate built form that reflects the values and aspirations of your City. As a team, we would be excited to collaborate with Palm Desert to further the legacy and aspiration of this City’s multi-family and mixed-use projects. All conditions contained in this proposal are valid for ninety (90) days. If you need any clarifications regarding our qualifications or this proposal, please contact me at jkaliski@jka-la.com. Respectfully, Item 1P-5 CONTENTS A. TEAM 4 B. EXPERIENCE 6 C. PROJECT UNDERSTANDING AND APPROACH 10 D. PROPOSED SCOPE OF WORK 12 E. PROPOSED SCHEDULE OF CHARGES 27 F. PROPOSED BUDGET 28 G. APPENDICES 30 3 Item 1P-6 4TEAM JOHN KALISKI, FAIA, NCARB Managing Principal Project Director 40 years experience John oversees all urban design and architecture projects at JKA. He seeks to critically integrate client as well as public concerns and aspirations into practicable design outcomes, and has developed the insight to bring together multiple viewpoints into constructible architecture and urban design that celebrates enduring community making. »View Biography, View Resume AMEE BHATT, LEED AP ND Urban Design Project Manager Project Lead 6 years experience Amee manages the firm’s urban design projects. Her experience includes multi-family and mixed-use objective design standards, community character and design elements, complete streets and specific plans, and feasibility studies. Amee places a special emphasis on the quality of the public realm and strives to create active, engaging, and sustainable places. »View Biography, View Resume GERMAN DIAZ, ASSOCIATE AIA Designer 2 years experience German works on multi-family, hospital- ity, and urban design projects within the firm. He has contributed to urban design and architectural visualizations, con- ducted code review, and produced design and construction documents. From a young age, German was around design practices and has a family background in landscape practice and design. »View Biography, View Resume ADDITIONAL JKA STAFF, AS NEEDED JKA has assigned these three (3) key personnel to perform the Services for the Project, and has the capacity to provide additional personnel as needed from nine (9) other architecutral and urban design staff members. URBAN DESIGN, OUTREACH, AND PROJECT MANAGEMENT A TEAM The “Consultant” is a team of three experienced firms that will collaborate with City Staff, the community, and decision-makers throughout the Project. Leading this team is John Kaliski Architects (JKA), concentrat- ing on architecture, urban design, design standard development, and Project and outreach facilitation. Environmental Science Associates (ESA) will focus on the consistency between the Palm Desert General Plan and Zoning Code. Tajima Open Design Office (TODO) will contribute to the development of landscape design standards. Item 1P-7 5TEAM Subconsultants SHANNON WAGES, AICP Principal, Urban Planner Planning Lead 20 years experience Shannon is an urban planner specializing in managing long-range planning documents as well as processing complex land use entitlement projects. She has successfully managed the preparation of multiple general plans, specific plans, housing element updates, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Shannon has extensive housing experience and is well versed in housing law and policy, including as it relates to SB 9, SB 35 and other housing streamlining legislation. »View Resume MARLIE LONG Managing Associate Environmental Review Lead 8 years experience Marlie specializes in the management and preparation of programmatic analyses as a tool to help clients struc- ture CEQA documents to allow for future streamlining and cohesion amongst projects within a jurisdiction. She has experience in project management roles and as a contributing technical author in the preparation of CEQA and NEPA documents ranging from exemptions to project- and program-level EIRs and Environmental Impact Statements to ensure environmental compliance at the federal, state, and local levels. »View Resume PLANNING AND ENVIRONMENTAL REVIEW ETHAN WYNACHT Planner I 1 year experience Ethan is a planner contributing to project research, analysis, and written reports. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. »View Resume TAKAKO TAJIMA, AIA, NCARB, PLA Principal-in-Charge Landscape Design Lead 25 years experience Takako is currently working with JKA on the renovation of two former motel properties in Culver City as part of California’s Department of HCD’s Homekey Initiative. Before starting her own Landscape Architecture practice, Takako worked at JKA for six years as an urban designer. She is trained in landscape architecture, architecture, and urban planning, and teaches in the graduate landscape architecture program at USC. »View Resume LANDSCAPE ARCHITECTURE ADDITIONAL ESA STAFF, AS NEEDED ESA has assigned these three (3) key personnel to perform the Services for the Project, and will utilize additional support staff. Item 1P-8 6EXPERIENCE John Kaliski Architects, Inc. (JKA), founded in 2000 and based in Los Angeles, California, is a full-service, 14-person, architecture and urban design firm specializing in communi- ty-based urban design and mixed-use and multi-family architecture. The firm’s mission is to foster places and buildings that support health, happiness, and well-being. The firm’s managing principal, John Kaliski, has over 30 years of experience developing, designing, and building a broad range of projects and policies for both public and private sector clients. Over this time he has also developed design review processes and undertaken design review for numerous Southern California cities and agencies including Anaheim, Pasadena, Santa Ana, Santa Monica, Ventura, and the Los Angeles County Metropolitan Transit Authority (Metro). A common requirement of JKA clients is to successfully facilitate community outreach processes towards project approvals and implementation. As both urban designers and architects, JKA is well versed in zoning codes, building codes, and construction logics, and brings this experience to each new scope of work. Using this multi-disciplinary design and planning methodology, JKA has completed a broad range of project types including urban design master plans, community-based specific plans, development and joint development feasibility studies, complete streets, active transportation/first mile/last mile planning projects, transit-oriented design of station areas and station stops, visual simulations, and commercial, mixed-use, multi-family, and affordable housing projects. JKA’s experience also includes the writing and illustration of design standards and guidelines for cities and public agencies. Recent work includes single-family design guidelines for Burbank, Culver City, and Downey, as well as multi-family and mixed-use design standards for Palmdale. Adapting to State-mandated changes regarding the use of design guidelines in the past year, JKA has completed quantifiable standards for urban lot splits in El Segundo, and for this same City is now developing their objective design standards for multi-family and mixed-use overlay districts. The firm’s City of Downey Single-Family Design Standards and Guidelines won a 2022 Urban Design Award of Merit from the American Planning Association Los Angeles Chapter. With each project, JKA strives to cultivate authentic and sustainable human-scale experiences that realize a local sense of community purpose, quality, and identity. Background Rendering of a preferred development scenario for medium-scale creative mixed-use infill in Santa Monica. EXPERIENCEB Item 1P-9 7EXPERIENCE References Project Name: El Segundo SB 9 Multi-Unit Options Study and Recommendations Started/Completed: 2021–2022 Scope of Work: SB9 study and design recommendations. Project Description: In order to address community concerns that new lot split legislation (California SB 9) would negatively impact the character of existing residential neighborhoods, the City of El Segundo asked JKA to analyze the built-form character of existing single-family neighborhoods and prepare through an accelerated eight-week schedule text amend- ments to the existing zoning code. The objective was to establish a best fit between the scale and character of the existing architecture that nevertheless honored the new State requirements that provide for increased density. Project Manager: Amee Bhatt (JKA) Client or Agency Name: City of El Segundo Client Contact: Michael Allen, AICP, Development Services Director (310) 524-2345 / mallen@elsegundo.org Project Budget: $45,217.00 Project Sheet: View Project Sheet Project Name: Palmdale Multi-Family Residential and Mixed-Use Design Standards Started/Completed: 2020–2022 Scope of Work: Multi-family and mixed-use design standards. Project Description: The City of Palmdale asked JKA to create multi-family and mixed-use design standards and guidelines that address Palmdale’s high desert setting. Through observation and two public outreach meetings, JKA developed measurable criteria that residents, applicants, and City Staff alike can utilize to facilitate a commonly understood and consistent project design approval process. JKA’s standards also provide a means to measure community expectations for design quality for new multi-family and mixed-use projects. Project Manager: Amee Bhatt (JKA) Client or Agency Name: City of Palmdale Client Contact: Megan Taggart, Planning Manager, Department of Economic & Community Development (661) 267-5229 / mtaggart@cityofpalmdale.org Project Budget: $149,994.78 Project Sheet: View Project Sheet Item 1P-10 8EXPERIENCE Project Name: Downey Single-Family Residential Development Standards Started/Completed: 2018–2021 Scope of Work: Design guidelines; design standards; community engage- ment; public workshop facilitation; zoning amendments. Project Description: New single-family zone text amendments and design guidelines reduce building bulk and relate new construc- tion and second floor additions to prevailing conditions in this 1950s suburban town. Project Manager: Carolyn Matsumoto (JKA), Wenchong Lai (JKA) Client or Agency Name: City of Downey Client Contact: Crystal Landavazo, City Planner (562) 904-7154 / clandavazo@downeyca.org Project Budget: $91,366.00, plus $4,133.80 (Amendment 1) and $2,320.00 (Amendment 2) Project Sheet: View Project Sheet Project Name: East San Gabriel Valley Area Plan Components and Design Guidelines Started/Completed: 2021–2023 Scope of Work: Land use planning and environmental analysis. Project Description: The East San Gabriel Valley Area Plan (ESGVAP) is a regional planning document that guides development, manages growth, and improves the quality of life in the ESGV area of Los Angeles County. ESA and JKA partnered in this effort to prepare a land use element, community character and design element, and individual community chapters for each of the 24 unincorporated communities the document addresses. Project Manager: Mary Laux (ESA Project Manager), Shannon Wages (ESA Lead Planner) Client or Agency Name: The Los Angeles County Department of Regional Planning Client Contact: Mi Kim, Supervising Regional Planner (213) 974-6425 / mkim@planning.lacounty.gov Project Budget: $655,954.00 Project Sheet: View Project Sheet Project Name: Long Beach Boeing C-17 Globemaster Transition Plan Started/Completed: 2016–2018 Scope of Work: Land use/mobility planning and community outreach. Project Description: Shannon served as Project Manager and John Kaliski served as Lead Urban Designer for preparation of a specific plan for an area along the Cherry Avenue Corridor and encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The Globemaster Corridor Specific Plan (GCSP) includes a vision, goals, and policies; an integrated land use and mobility plan with a complete APA LA AWARD RECIPIENT: 2022 Urban Design Award of Merit Item 1P-11 9EXPERIENCE streets network; objective development standards and design guidelines; and an implementation program to achieve a 21st century employment district. Project Manager: Shannon Wages (experience at Dudek prior to joining ESA) Client or Agency Name: City of Long Beach, Department of Development Services, Planning Bureau Client Contact: Linda Tatum, Community Development Director (562) 570-6261 / linda.tatum@longbeach.gov Project Budget: $550,000.00 Project Sheet: View Project Sheet Project Name: Culver City Project Homekey Started/Completed: 2022–Ongoing Scope of Work: Landscape architecture. Project Description: TODO currently serves as the landscape architect on a transitional housing project with JKA involving the conversion of two motels into 73 units of transitional and permanent housing for those experiencing homelessness. The planting design for both properties were conceptual- ized to be shady and lush but highly drought tolerant during the summer and sunny and bright during the winter, and elements like tables, benches, and bike racks were added to create a common place and sense of community. Project Manager: Takako Tajima (TODO) Client or Agency Name: John Kaliski Architects, Inc. for the City of Culver City Client Contact: Elaine Gerety-Warner, Economic Development Project Manager, City of Culver City (310) 253-5777 / elaine.warner@culvercity.org Project Budget: $14,400.00 (landscape architecture only) Project Sheet: View Project Sheet Project Name: IMPERIAL Offices Started/Completed: 2017–2018 Scope of Work: Landscape architecture. Project Description: Visible from the LAX Airport, the space combines a garage and offices for an investment company and a travel agency. To create a more seamless relationship between building and landscape, a portion of the building was reappropriated as garden space—opening up the ceiling to the sky and creating private viewing gardens for the offices within. Landscaping addressed significant LID requirements to capture and retain water from the building’s 8,000 sqft roof. Project Manager: Takako Tajima (TODO) Client or Agency Name: DOM Food Group Client Contact: Tony Owen tony@domfoodgroup.com Project Budget: $150,000.00 Project Sheet: View Project Sheet Item 1P-12 10PROJECT UNDERSTANDING AND APPROACH Palm Desert is home to a range of multi-family housing types, from duplexes and triplexes to medium density apartments and condos, to ARC-approved higher-intensity projects that are in the “pipeline.” Traditionally, cities like Palm Desert have used design guidelines full of “shoulds” in combination with public and Staff-level design review to shape the architectural character and quality of new developments. No more. Recent California legislation has voided the use of “shoulds” and now requires “shalls” in the form of measurable and quantifiable objective design standards (ODS). In this circumstance, how does one maintain an appropriate level of community-based design quality, especially within a unique desert environment? To meet this challenge, JKA (concentrating on architecture, urban design, design standard development, and facilita- tion); ESA (focusing on zoning and General Plan consistency as well as CEQA compliance); and TODO (providing under- standings of landscape and plant material opportunities), will collaborate with City Staff, the community, and deci- sion-makers at workshops and study sessions to first explore and then define Palm Desert built form and environ- mental design character. These values, infused with Palm Desert intelligence, will be the basis of further work and the ODS. To implement the Project, the Consultant shall generally adhere to the Scope of Services and Schedule highlighted in Section 10 of the RFP, kicking off the Project with an organizing meeting and City tour to observe development and design patterns, opportunity areas, and lessons learned. JKA shall additionally schedule bi-monthly check-in meetings with Staff for the five-month duration of the Project to keep the City informed of Project progress. In the first month of the Project, JKA shall work with Staff to finalize a Community Engagement and Outreach Plan that through three (3) phases will maximize opportunities to engage creatively with decision-makers, stakeholders, and community members. Each outreach phase is anchored by the completion of a Project deliverable that will shape the next phase of presentations, ideas, and conversations. The first outreach phase follows the Consultant’s comple- tion of both an existing conditions report analyzing the City’s built-form patterns and a second report highlighting possible discrepancies between the City’s General Plan and Zoning Code. The events in this phase will be structured to present these findings and utilize them to stimulate conversations regarding Palm Desert design character. In PROJECT UNDERSTANDING AND APPROACHC These zero line townhomes exemplify mid-century design values combined with more recent interest in drought-tolerant landscape. Note the relationship to the three-story hotel structure behind. This duplex may represent middle housing but also exemplifies the auto- oriented orientation of much of Palm Desert’s built form. These Spanish-style garden apartments/bungalows are common to Palm Desert. On-site pathways and landscape mitigate the higher-intensity of use. Item 1P-13 11PROJECT UNDERSTANDING AND APPROACH addition to a community design workshop which will feature a design exhibit highlighting local architectural character, the Consultant will meet with the Architectural Review Commission, and separately with the Planning Commission and City Council in a joint study session, to learn about their concerns and design concepts. The second outreach phase intends to solicit feedback from decision-makers based upon their review of the Consultant’s Technical Report, which will include recommendations for objective design standards and review procedures the City may want to adopt as well as strategies that address inconsistencies between the City’s General Plan and Zoning Code. The Consultant will use this input to prepare both a Draft Zoning Update and Public Review Draft ODS. During a final outreach phase, the Consultant will again meet with the community and decision-makers to present the draft work products, describe how their ideas shaped outcomes, and receive further input regarding additional improvements that may be needed. The Project concludes with three (3) public adoption hearings. Once adopted, the objective design standards and any attendant review process will provide new means and methods compliant with State mandates for consistent and timely design review of projects, while ensuring that design outcomes are not generic, but reflective of community and Palm Desert design values. With an earth-toned color, modulated exterior, and two-story entry oriented to the sidewalk, this mid-80s apartment type presents a human scale to the street that blends well with its desert surrounds. Newer examples of multi-family development in Palm Desert, like this two-story apartment complex on Gerald Ford Drive, feature a drought- tolerant near-native landscape, as well as a color scheme, use of natural materials, pitched roofs, and varied massing that establish a local sense of place. This rendering of the recently-approved but controversial project on Frank Sinatra and Portola Avenue represents an opportunity to understand design strengths and challenges that can inform the production of objective design standards. Item 1P-14 12PROPOSED SCOPE OF WORK PROPOSED SCOPE OF WORKD CONSULTANT DELIVERABLES »Monthly invoices and progress reports per City invoicing requirements Task 1: Project Management and Coordination 1.1: Project Administration JKA (JKA or the Consultant) shall administer the Project and Contract including definition and monitoring of task milestones, the schedule, budget, invoicing and cost control, and reporting. On a monthly basis, and in a form acceptable to the City, JKA will provide the City an invoice denoting all tasks, percentage of task complete, and associated fees and expenses. Each invoice will be reviewed and approved by both the JKA Project Manager and the Principal. 1.2: Kick-Off Meeting The Consultant shall coordinate and attend a Kick-Off Meeting with City Staff (Staff). This meeting shall be hosted in Palm Desert and attended in-person by the JKA Principal, JKA Project Manager, and ESA Principal. The Kick-Off Meeting shall cover the following topics: • Introduction of Consultants and Staff • Establishment of communication protocols • Review and confirmation of Project objectives, scope of work, schedule, and milestones • Discussion of general issues, constraints, and opportunities • Discussion of outreach and engagement strategies and tactics • Discussion of CEQA compliance and strategy • Data request for City maps, documents, and other information required to complete the Project • Discussion of Project invoicing and Contract administrative roles and responsibilities CITY DELIVERABLES »City maps, documents, GIS shape- files, and any other resources to complete the Project CONSULTANT DELIVERABLES »Data Needs Memo »Kick-Off Meeting summary with project objectives, project schedule, milestones, and anticipated dates for public meetings and action items within 10 days of the meeting In an “Existing Conditions, Findings, and Considerations Memorandum,” JKA developed diagrams of prototypical lots in the City of El Segundo to illustrate preliminary design considerations for splitting parcels that are 25 feet or less in width. Item 1P-15 13PROPOSED SCOPE OF WORK The Consultant shall prepare a list of data needs required to efficiently conduct the General Plan/Zoning Discrepancy Memo in Task 2.4, including GIS shape- files of the City’s Zoning Map and General Plan, information from Staff as to which Zoning districts correspond with each General Plan land use designation, and Staff’s knowledge of any inconsistencies between the General Plan and Zoning Map/Code that they are currently aware of. 1.3: City Tour The Consultant, with input from the City, shall also organize as part of the Kick-Off Meeting a guided in-the-field urban design survey lasting up to four (4) hours that reviews the City’s multi-family and mixed-use areas, key projects, opportunity sites, and, as feasible, best practices of surrounding cities. The objective of this tour is to observe the prevailing planning and urban design characteristics and trends shaping the context and development of the area, including but not limited to the following: • Development intensity, typical • Building height, stories, upper-story height transitions, and rooflines, typical • Building setbacks, step-backs, frontages, and orientation, typical • Building facades and openings, typical • First-story building facades and use of program along street frontages, typical • Prominent architectural styles and character, typical • Parking and access drive configurations, typical • Landscape and open space, typical • Fences, street walls, mechanical equipment and screening, and back-of- house components, typical • Exceptions to the “rules” as noted by Staff The Consultant seeks to schedule the Kick-Off Meeting in Task 1.2 and the City Tour on the same day to best utilize Staff’s and the Consultant’s time. If health constraints do not permit an in-person Kick-Off Meeting, the Consultant shall coordinate a virtual meeting via Zoom or similar and schedule the City Tour on a separate date. 1.4: Project Coordination The JKA Project Manager will coordinate with Staff on a day-to-day basis with as-needed phone calls and emails. To share and maintain Project documents, coordinate information exchange, and enhance timely work product review, JKA will establish a Project Dropbox or similar. JKA shall also utilize cloud-based productivity tools including, but not limited to, Google Docs and Smartsheet to create and update the Prroject schedule on a shared and collaborative basis and keep the City informed of Project task progress. All communication protocols will be established at the start of the Project. The JKA Project Manager shall schedule and attend, along with the JKA Principal and ESA Principal as needed, a virtual check-in meeting every two (2) weeks, not to exceed 10 meetings. The check-in meetings shall last up to one (1) CONSULTANT DELIVERABLES »Monthly check-in meeting summa- ries in bullet point format, inclusive of next steps and action items, to Staff in Microsoft Word or similar, one (1) day before all meetings »Project schedule updates as needed in Microsoft Word, Excel, Smartsheet, or similar CITY DELIVERABLES »Input regarding the size, placement, and height of recently-approved projects, other key projects, opportunity sites, and exceptions to the “rule” for incorporation into the City Tour »Participation in City Tour Item 1P-16 14PROPOSED SCOPE OF WORK hour and provide the opportunity to discuss with Staff the work completed and upcoming tasks, as well as review and adjust as needed the Scope of Work schedule, milestones, and budget to meet Project objectives. To coordinate these meetings, the JKA Project Manager shall provide an agenda one (1) day prior to a scheduled meeting to provide Staff the opportunity to review, add, and/or change agenda items as needed in advance of the meeting. Task 2: Data Gathering, Document Research and Review 2.1: Document Review To understand the existing land use planning framework that regulates devel- opment opportunities within the City, and in preparation for the Existing Conditions Analysis Report (Task 2.3) and the General Plan/Zoning Discrepancy Report (Task 2.4), the Consultant shall conduct a review of the following documents: • Recent State legislation that has relevance to this Project. • Palm Desert General Plan. • Relevant sections of the Palm Desert Zoning and Subdivision Ordinance. • Other regulatory elements as they pertain to the production of multi-fam- ily and mixed-use projects as identified by Staff (maximum two additional documents). ESA shall create a table that lists General Plan land use designations, allowed land uses associated with each designation, and associated densities. The table will also match each General Plan land use designation with corresponding Zoning districts based on allowed land uses and densities prescribed in the General Plan. JKA shall document their research with tables, summarized text, GIS digital maps, and/or diagrammatic illustrations as necessary. 2.2: Project Review JKA shall review multi-family and mixed-use projects in Palm Desert in varying stages of the review process, specifically current project plans under review and recently-approved projects, as well as public comments on those projects from appropriate Architectural Review Commission (ARC) and Planning Commission (PC) meetings. Understanding the scale, design, and quality of projects under- going the review process, as well as their appeal from residents and stakeholders, provides insight into how the City’s existing design standards/ guidelines are being interpreted and implemented in the City’s permit review process. JKA shall take notes to document their findings from this research to relay their findings to Staff and hear any additional insight they might have regarding this topic. CITY DELIVERABLES »Zoning Code Chapters for Consultant review in Microsoft Word format CITY DELIVERABLES »Development plans for review (max. six projects) »ARC/PC Meeting dates, videos, and/or minutes in which proposed developments are being discussed CONSULTANT DELIVERABLES »Summary notes of discussion with Staff regarding challenges and opportunities in the project review and approval process; assume this discussion(s) occurs as part of the check-in meetings noted in Task 1.4 above. Item 1P-17 15PROPOSED SCOPE OF WORK 2.3: Existing Conditions Analysis Report JKA shall use the findings from the City Tour (Task 1.3), Document Review (Task 2.1), Project Review (Task 2.2), and discussions with Staff during check-in meetings to create an Existing Conditions Analysis Report, consisting of the following: • Identification of existing built-form patterns that define the multi-family and mixed-use character of existing Palm Desert neighborhoods as well as other character criteria that will assist in the development of objective design standards (ODS) that enhance community character. • Photographs taken in the City Tour (Task 1.3) annotated with text callouts to highlight built-form patterns and build a visual inventory of existing multi-family and mixed-use developments in the City. • Development of a “Transect,” one each for multi-family residential and mixed-use development types, that constitutes a collection of appropriate precedent imagery of high-quality building types that fit the evolving Palm Desert context. • Bullet point findings and considerations that identify areas with a potential for multi-family and mixed-use development within the City. 2.4: General Plan/Zoning Discrepancy Report ESA shall prepare a General Plan/Zoning Discrepancy Memo that identifies parcels within the City that are zoned for residential uses but have a General Plan designation that allow or require higher densities. ESA shall also prepare a series of maps to highlight parcels in the City that have inconsistent General Plan and Zoning designations, and key the map to a table that provides information as to the nature of the inconsistencies and implications for this project. This memo shall also include an analysis of the implications of Senate Bill (SB) 9 and other recent State legislation, as applicable, on the parcels that are shown to have inconsistencies, and specifically whether the recent legislation elimi- nates any of the existing discrepancies in allowable density. In addition to SB 9, other recent legislation that may or may not be applicable depending on identified inconsistencies, but that are also related to the need for objective development standards, include Assembly Bill (AB) 2011, SB 6, SB 35, SB 330 and SB 478. 2.5: Vision Statement JKA shall develop a vision statement after the completion of the first commu- nity outreach phase (Task 3.2) that encapsulates key Project themes, goals, and objectives heard in conversations with Staff, decision-makers, and the public. The intent of the vision statement is to guide the development of objective design standards in Task 5 in a direction specific to the character, needs, and desires of Palm Desert. CITY DELIVERABLES »GIS shapefiles of the City’s General Plan and Zoning maps »Information as to which Zoning Districts correspond to each General Plan land use designation CONSULTANT DELIVERABLES »General Plan/Zoning Discrepancy Memo CONSULTANT DELIVERABLES »Existing Conditions Analysis Report in InDesign, Microsoft Word, or similar, and as a PDF CONSULTANT DELIVERABLES »Vision Statement Item 1P-18 16 Task 3: Public Outreach 3.1: Community Engagement and Outreach Plan JKA shall work with the City to develop a comprehensive Community Engagement and Outreach Plan (Plan) during the first month of the Project. The Plan will define the program strategies, activities, web/social media engage- ment, and a proposed schedule to execute the engagement component. The purpose of the Plan is to ensure meaningful engagement and active participa- tion by the general public, businesses, disadvantaged communities, decision-makers, and other stakeholders. The Plan is flexible in approach and shall be based on the needs of the Project. However, it is assumed to be anchored by three (3) distinct phases throughout the Project timeline: • Phase 1: Project Introduction and Issue Identification, consisting of one (1) substantive community engagement activity and two (2) presentations and/or workshops with decision-makers, such as the Planning Commission, City Council, and/or the ARC. • Phase 2: Technical Reports Review, consisting of one (1) presentation and/ or workshop with decision-makers. • Phase 3: Public Review Draft Standards, consisting of one (1) substantive community engagement activity and two (2) presentations and/or work- shops with decision-makers. JKA shall be in-attendance at all community engagement events, and ESA shall attend one (1) outreach event in-person. Additional opportunities for outreach activities and services are listed as optional added cost items in a table in Section F, “Proposed Budget” under “Optional Menu of Additional Outreach Services.” Upon discussion with Staff, additional activities and/or services may be incorporated into the Plan to further enhance the outreach of the Project. JKA organized community outreach workshops to inform changes to the residential portions of the Culver City Zoning Code. Utilizing red cards (no) and green cards (yes) for polling, here community members show support for single-family residences. PROPOSED SCOPE OF WORK CITY DELIVERABLES »Community engagement activity preferences, community insight, and/or strategies to shape the Community Engagement and Outreach Plan »Upon request, JKA can provide Spanish translation at public meetings and for web/social media Project promotional materials. Other language translation and translation of documents shall be an additional service. »Note: the selection, provision, and insuring of facilities shall be the responsibility of the City. CONSULTANT DELIVERABLES »Draft Community Engagement and Outreach Plan in Microsoft Word format »Final Community Engagement Plan in Microsoft Word format »Updated Project schedule to include proposed Community Engagement timeline »Contract and scope amendments to include optional outreach items, if needed Item 1P-19 JKA Staff organized outreach workshops in the City of Downey that included real-time surveying and polling of issues associated with new residential construction, additions, and subdivisions. 17PROPOSED SCOPE OF WORK 3.2: Outreach Phase 1: Project Introduction and Issue Identification Following the completion of the Existing Conditions Analysis Report (Task 2.3) and General Plan/Zoning Discrepancy Report (Task 2.4), JKA shall begin the first phase of community engagement. The purpose of this phase is to introduce the Project, create an opportunity for Palm Desert residents and decision-mak- ers to review work completed to-date, and provide an open forum for ideas regarding multi-family and mixed-use development trends, goals, and the role of objective design standards. Outreach Phase 1 consists of three (3) opportuni- ties for engagement over the course of one (1) or two (2) days as follows. Community Meeting 1 JKA shall facilitate the first community outreach event abiding by the philoso- phy that engaging with residents and stakeholders where they work, visit, and/ or gather leads to higher participation and more diverse community feedback. JKA intends to use this first community outreach event to build support for a best-practice design framework that is shaped by community members. To facilitate this approach, JKA will design a temporary exhibition consisting of printed boards that will be displayed at one (1), or two (2) if time permits, public locations such as the Palm Desert Public Library, the Civic Center Park, or another park or locale recommended by Staff. To reach an even wider audience, and if feasible, JKA would like to coordinate the exhibition in collaboration with Palm Desert’s “Coffee with the Mayor” series, with the “Special Focus” being “Palm Desert Design Character and Opportunity.” Taking place over an afternoon and early evening, the intent of the Exhibition is to informally as well as formally showcase examples of existing built-form patterns in Palm Desert as well as best practice multi-family and mixed-use typologies, and instigate one-on-one and group conversations regarding community character and design goals with residents and stakeholders. To CITY DELIVERABLES »Communication to stakeholders such as local businesses, key community groups or leaders, schools, and/or religious groups in the Project Area »Mailings for the Project and public outreach events »Securing publicly accessible and convenient in-person meeting venues and insurances »Participation in all outreach events »Translation services (JKA can provide Spanish translation at public meetings and for web/social media Project promotional materi- als upon request) CONSULTANT DELIVERABLES »One (1) flyer or other promotional material for the community outreach event to be posted on the City website and/or social media »Presentation materials, such as PowerPoint presentations (Study Session 1 and ARC Meeting) and any other visualization materials »Post-event highlight summaries in Microsoft Word or similar within five (5) days of each event Item 1P-20 18PROPOSED SCOPE OF WORK further encourage participation, attendees will be provided with stickers that can be placed on the boards indicating their like or dislike of the illustrated design concepts and typologies. At a set time, say 4:00 PM, the Consultant will also formally introduce the Project and the materials, allowing for different types of participation activities during the course of one event. The JKA Principal, JKA Project Manager, and at least one (1) representative from City Staff will be on-site at all times to facilitate conversations, answer questions, and gather feedback at both the informal and formal settings. ARC Meeting 1 During the course of the first community event, JKA shall also meet, introduce the project, and learn from the thoughts and feedback of the Architectural Review Commission regarding both Palm Desert design character and the City’s design review process. Study Session 1 Shortly after the first community event/exhibition and meeting with the ARC, JKA shall participate in a kickoff Joint Study Session with the Planning Commission and City Council to introduce the Project, present findings from the Existing Conditions Analysis Report and General Plan/Zoning Consistency Report, and provide a summary of what was heard during the first community outreach event. Based upon the work to-date, the Consultants shall receive input and direction from decision-makers regarding multi-family and mixed-use development that will shape future project tasks and work products. 3.3: Outreach Phase 2: Technical Report Review The second phase of outreach shall occur after the completion of the Technical Report (Task 4). Before beginning the Administrative Draft ODS and Draft, JKA will conduct a second Study Session with the Planning Commission to hear their reactions and feedback regarding the zoning and design standard recommen- dations in the Technical Report. JKA undertook photo- documentation and community walking workshops to study Burbank’s single- family neighborhoods and building types. CONSULTANT DELIVERABLES »Presentation to Planning Commission in PowerPoint or similar »Post-event highlight summaries in Microsoft Word or similar within five (5) days of each event Item 1P-21 19PROPOSED SCOPE OF WORK 3.4: Outreach Phase 3: Public Review Draft Standards The third and final phase of outreach shall occur after the completion of the Draft Zoning Updates and Public Review Draft ODS. The purpose of this phase is to provide an update on the completed to-date work focused on the organiza- tion and content of the Draft Zoning Updates and Public Review Draft ODS. One of the Consultants objectives during this phase of outreach will be to show attendees of earlier outreach events how their feedback is incorporated into the work products, while providing additional opportunities for feedback and engagement before development of the Public Hearing Draft ODS (Task 5.4). Similar to Outreach Phase 1 (Task 3.2), Outreach Phase 3 consists of three (3) opportunities for engagement intentionally clustered into two (2) days to maintain the five-month Project timeline. JKA facilitated workshops for the Metro Crenshaw/LAX Transit Line Joint Development Opportunity Sites Feasibility Studies, Development Guidelines, and Design Review project. JKA facilitated a public workshop with the City of Palmdale to provide an overview of the draft multi-family and mixed-use design standards. CITY DELIVERABLES »Communication to stakeholders such as local businesses, key community groups or leaders, schools, and/or religious groups in the Project Area »Mailings for the Project and public outreach events »Securing publicly accessible and convenient in-person meeting venues and insurances »Participation in all outreach events »Translation services (JKA can provide Spanish translation at public meetings and for web/social media Project promotional materi- als upon request) CONSULTANT DELIVERABLES »One (1) flyer or other promotional material for the community outreach event to be posted on the City website and/or social media »Presentation materials, such as printed boards/easels (Community Meeting 1), PowerPoint presenta- tions (Study Session 1 and ARC Meeting), and any other visualiza- tion materials »Post-event summaries in Microsoft Word or similar within five (5) days of each event Item 1P-22 20PROPOSED SCOPE OF WORK Community Meeting 2 JKA shall present the Draft Zoning Updates and Public Review Draft ODS during an in-person one-and-a-half (1.5) to two (2) hour Community Workshop. This workshop shall include both a presentation and interactive activity, with the option of virtual attendance via Zoom or similar. To gather input, JKA recom- mends utilizing an interactive survey tool such as Mentimeter, an online tool that allows participants to use their smartphones to respond to questions and polls in real time. This type of program or similar engages both physical and virtual attendees and allows for easy participation and sharing of ideas. JKA intends to use the feedback received from this Workshop, as appropriate, to further refine the Public Hearing Draft ODS (Task 5.4). ARC Meeting 2 JKA shall present the Draft Zoning Updates and Public Review Draft ODS as well as the Community Meeting 2 materials and survey outcomes to the ARC during a third study session and receive input and feedback regarding the draft work products. Study Session 3 JKA shall facilitate a study session with the Planning Commission to review work to date. In addition to gathering input and receiving feedback, a goal of this session is to illustrate how decision-maker input is integrated into the ODS. Task 4: Technical Report 4.1: Zoning Consistency Recommendations Memorandum After completion of the General Plan/Zoning Discrepancy Report (Task 2.4), ESA shall develop a Zoning Consistency Recommendations Memorandum (Zoning Memo) that explores potential updates for zoning consistency. ESA shall, as needed, introduce different approaches to bringing the City’s residen- tially zoned properties into compliance with the range of densities provided for in the General Plan land use designations. This may include a rezoning of these properties, creation or application of one or more zoning overlays, or other strategies such as the renaming of existing zoning designations. The Zoning Memo shall state which, if any, of the proposed approaches will require environ- mental analysis. However, given that any zoning changes are likely to be in conformance with the underlying General Plan land use designations, it is anticipated that typical zoning changes are to provide conformance with the General Plan and this outcome will result in a Notice of Exemption. ESA shall prepare a Notice of Exemption in Task 6. 4.2: ODS Options and Recommendations Memorandum After completion of the Existing Conditions Analysis Report (Task 2.3), JKA shall develop an ODS Options and Recommendations Memorandum (ODS Memo) that explores various options for design standards through the lens of four (4) local sites. These sites shall be determined through conversations with Staff and address a diverse range of multi-family and mixed-use development types. JKA shall develop conceptual massing diagrams that depict multi-family and mixed-use development on each site to illustrate the design intent behind CONSULTANT DELIVERABLES »Zoning Consistency Recommendations Memorandum CITY DELIVERABLES »Selection of up to four (4) Palm Desert-specific sites for the potential impacts analysis CONSULTANT DELIVERABLES »ODS Options and Recommendations Memorandum Item 1P-23 21PROPOSED SCOPE OF WORK recommendations for new objective standards. Alternative recommendations for a specific design criteria shall be compared and contrasted, i.e. 10-foot front-yard setbacks vs. 5-foot front-yard setbacks, based on their potential economic, aesthetic, and community impacts as a way to determine which standards best fit City design circumstances. Task 5: Draft ODS and Zoning Consistency Updates 5.1: Draft Zoning Updates Following the preparation of the Zoning Consistency Recommendations Memorandum (Task 4.1) and input from decision-makers during the second phase of community outreach (Task 3.3), ESA shall prepare text amendments to the City’s Zoning Code to implement the recommendations prepared in Task 4.1, and bring Zoning districts and standards into conformance with the General Plan. ESA will prepare a Draft Text Amendment, and after receipt of City comments, prepare a Final, which will be completed as part of Task 7. ESA assumes that the City’s GIS Staff will be responsible for final mapping of the amendments upon approval. 5.2: Administrative Draft ODS Following the preparation of the ODS Options and Recommendations Memorandum (Task 4.2) and input from the community, decision-makers, and staff during the second phase of community outreach (Task 3.3), JKA shall prepare, for Staff comment and direction, an Administrative Draft of the Objective Design Standards for multi-family and mixed-use development. The standards shall be formulated as objective, measurable, and quantitative, and comply with recent State legislation. The standards shall also reflect, as appropriate, a diverse range of building typologies to provide for a range of approaches, thus providing for design flexibility. To support the written CITY DELIVERABLES »Review and comments on Administrative Draft ODS submission CONSULTANT DELIVERABLES »Administrative Draft ODS for Multi-Family and Mixed-Use Developments in Microsoft Word with appendix of figures in PDF CITY DELIVERABLES »Review and comments on Draft Zoning Updates submission CONSULTANT DELIVERABLES »Draft Zoning Text Amendments Illustration of a typical Downey house in relationship to proposed design standards and guidelines. Item 1P-24 22PROPOSED SCOPE OF WORK standards, the document shall be illustrated with annotated diagrams, prece- dent imagery, and/or further-developed iterations of the Palm Desert-specific site diagrams prepared in Task 4.2. The ODS may either be incorporated directly into the Zoning code, be provided as an appendix to the Zoning Code, or be developed as a stand-alone and amendable document. In all cases an attendant design compliance and approval checklist will be provided to facilitate consistent application and review of the standards. JKA proposes the ODS be organized by the following topics: 1. Introduction. The document shall start with a brief to the project, the meaning of objective design standards, and the role of ODS in Palm Desert’s community character. The introduction would also include the Vision Statement prepared in Task 2.5. 2. Site Design Standards that address the relationship between multi-family and mixed-use developments and their surroundings. Design categories include, but are not limited to, building orientation and entries; building frontages; on-site sidewalks; on-site lighting; setbacks for buildings and accessory structures; buffer zones and transitional heights; lot coverage; maximum floor area ratios; and building breaks. 3. Building Design Standards that prioritize four-sided, three-dimensional design and reflect the architectural styles already present in Palm Desert. Categories include, but are not limited to, building height; major and minor massing; roof forms and materials; facade planes and building walls; building materials and colors; and windows, doors, and other openings. 4. Parking Design Standards that focus on the configuration, location, and visibility of parking in relationship to the public right of way. Design categories include, but are not limited to, off-street parking and design standards; and architectural continuity of parking structures in relationship to the main building. 5. Open Space Design Standards that expand the definition of ODS to create an identity for both the built-form and landscape. Alongside active and passive open space amenity standards, Tajima Open Design Office (TODO) will contribute to the development of landscape design standards that specify appropriate plants and shade trees for green neighborhoods as well as landscape screening buffer standards that reinforce Palm Desert identity. 6. Process and Compliance. The document shall end with an explanation of the project review and permitting process, supported with diagrams and flowcharts that clarify the process. Provided compliance checklists for multi-family and mixed-use developments that summarize the ODS shall further facilitate the use of the ODS for both applicants and Staff. Applicants can utilize the checklist to ensure that the City’s design criteria are met, and Staff can use the same checklist to streamline a consistent application of the City’s design principles, determine compliance with the design standards, and approve or recommend approval of a project. The checklists shall be both printable and capable of being filled out and signed digitally. Item 1P-25 23PROPOSED SCOPE OF WORK 5.3: Public Review Draft ODS Based on Staff input and direction, JKA shall prepare a Public Review Draft of the ODS. The Public Review Draft shall be a logical evolution of the Administrative Draft prepared in Task 5.2 and will serve as the basis for the preparation of the third phase of community engagement (Task 3.4). 5.4: Public Hearing Draft ODS Based upon the input and directions received from the third phase of commu- nity engagement (Task 3.4) and comments from Staff, JKA shall incorporate all feedback into a Public Hearing Draft. This iteration of the ODS shall be utilized for the public hearings noted in Task 7.4. Optional Service: ODS for Two-Story Residences, Additions, Accessory Dwelling Units (ADUs), and Junior Accessory Dwelling Units (JADUs) Objective design standards for two-story residences, additions, ADUs, and JADUs are an optional service that may be incorporated into the Scope of Work at an additional cost. In order to complete this service, JKA proposes the addition of three (3) public outreach meetings, one (1) with the community and two (2) with decision-makers such as the Planning Commission, City Council, and/or ARC. The breakdown of tasks and associated costs can be found in Section 7, “Proposed Budget.” Task 6: Environmental Review 6.1: CEQA Compliance Based on the present understanding of the Project and review of other similar efforts in other jurisdictions, ESA anticipates that a Notice of Exemption (NOE) with a supporting memorandum shall be adequate to provide the documenta- tion to substantiate the California Environmental Quality Act (CEQA) exemption for the Project. ESA shall review the Draft Objective Design Standards and Zoning Map/Text Amendments and shall prepare a draft Project Description that will be used in the Draft Notice of Exemption (NOE) form and a supporting memorandum. The NOE shall follow the template provided by the State Clearinghouse, which includes a project description, list of applicable exemp- tions, and a description of why the Project is exempt. The discussion for the reasons why the Project is exempt shall reference an attached supporting memorandum. The memorandum shall describe the applicable Sections of the State CEQA Guidelines and explain why the Project is exempt. The memoran- dum shall also discuss the reasons why the Project is not subject to any exceptions to the exemptions. CITY DELIVERABLES »Review and comments on Public Hearing Draft ODS submission CONSULTANT DELIVERABLES »Public Hearing Draft ODS for Multi-Family and Mixed-Use Developments in InDesign or similar, and as a PDF CONSULTANT DELIVERABLES »Draft NOE Form and Memorandum »Final NOE Form and Memorandum CITY DELIVERABLES »Review and comments on Public Review Draft ODS submission CONSULTANT DELIVERABLES »Public Review Draft ODS for Multi-Family and Mixed-Use Developments with text in Microsoft Word and formatted in InDesign or similar, and as a PDF Item 1P-26 24 JKA developed a flow chart for the City of Palmdale that visually describes the design compliance application, appeals, and approval process. PROPOSED SCOPE OF WORK ESA assumes that the Project is not subject to review under CEQA pursuant to CEQA Guidelines section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design Standards would apply will undergo separate CEQA review and approval. ESA also assumes that no technical evaluations need to be prepared to demonstrate that the Project would not result in a significant impact. This scope assumes ESA shall prepare one (1) draft NOE and memorandum for Staff review and shall respond to one (1) set of comments. ESA shall prepare a Final NOE and memorandum for the City’s use at the City Council hearing and for City’s use in preparing their staff report. ESA shall provide both the draft and final versions electronically. The City, with the assistance of ESA as needed, shall file the NOE with the County Clerk after approval of the Project. Task 7: Final Documents and Adoption 7.1: Final Zoning Updates for Zoning/General Plan Consistency Following public hearings, ESA will prepare Final Zoning Updates for Zoning/ General Plan Consistency in Word and PDF formats. 7.2: Final ODS JKA shall incorporate corrections and addendums into the Final Multi-Family and Mixed-Use ODS. The final document shall be a logical evolution of the Public Hearing Draft (Task 5.4). CONSULTANT DELIVERABLES »Final Zoning Updates for Zoning/ General Plan Consistency in Microsoft Word and as a PDF CONSULTANT DELIVERABLES »Final ODS in InDesign or similar, exported as Microsoft Word file and as a PDF »Final package of all working files, notes, and deliverables at the conclusion of the Project Item 1P-27 25PROPOSED SCOPE OF WORK CITY DELIVERABLES »Participation in Final Adoption Hearings CONSULTANT DELIVERABLES »Preparation of a high-level execu- tive summary of the Project for incorporation into the Staff Report and provision of Project work products developed during the Project for attachment to the Staff report and in anticipation of the final adoption hearing(s) »Presentations in PowerPoint format for hearings »Summary of corrections and addendums 7.3: Final Adoption Hearings JKA shall virtually attend three (3) public hearings to present the Public Hearing Draft ODS for review and adoption. Prior to the first hearing, JKA shall prepare a high-level executive summary of the Project, inclusive of data, graphics, and other support as needed, for the Staff Report. During each hearing, JKA shall be available to respond to questions from decision-makers and public speakers and make note of any concluding corrections and adden- dums (Task 7.2). JKA was tasked by the City of El Segundo to provide design recommendations that honor the built-form character of El Segundo’s single-family neighborhoods while implementing the requirements of Senate Bill 9 (SB9), which requires cities to allow and expedite urban lot splits on a parcel in a single- family zone. The infographic in this image was created by JKA, is hosted on the City’s website, and visually describes urban lot split opportunities. Item 1P-28 26PROPOSED SCOPE OF WORK Project Schedule Based on an anticipated Intent to Award date of April 27, 2023, the below schedule suggests kicking off the Project the first week of May 2023. To meet the grant-established Project deadline of September 30, 2023, the Consultant has proposed a 22-week/5-month timeline, assuming an uninterrupted process. The Consultant is flexible with regard to the Project start date, and upon discussion with Staff and their vision for community engagement, the number of outreach events and scheduling may alter the sequence and timeline of Task 3. 4/27/2023 Contract Negotiation (anticipated)MAY 2023 JUNE2023 JULY 2023 AUGUST2023 SEPTEMBER 2023 5 months TASK 1: PROJECT MANAGEMENT AND COORDINATION TASK 2: DATA GATHERING, DOCUMENT RESEARCH AND REVIEW TASK 3: PUBLIC OUTREACH TASK 4: TECHNICAL REPORT TASK 5: DRAFT ODS AND ZONING CONSISTENCY UPDATES TASK 6: ENVIRONMENTAL REVIEW TASK 7: FINAL DOCUMENTS AND ADOPTION Kick-Off Meeting & City Tour Outreach Phase 1 Outreach Phase 3 Outreach Phase 2 Bi-Monthly Check-In Meetings (10) Public Hearings (3) DELIVERABLE: COMMUNITY ENGAGEMENT PLAN DELIVERABLE: PUBLIC REVIEW DRAFT ODS DELIVERABLE: ZONING & ODS MEMOS DELIVERABLE: DRAFT ZONING UPDATES & ADMIN DRAFT ODS DELIVERABLE: NOTICE OF EXEMPTION DELIVERABLE: EXISTING CONDITIONS ANALYSIS REPORT & GENERAL PLAN /ZONING DISCREPANCY REPORT DELIVERABLE: PUBLIC HEARING DRAFT ODS STAFF REVIEW STAFF REVIEW Item 1P-29 27 ENVIRONMENTAL SCIENCE ASSOCIATES PROFESSIONAL STAFF 2023 HOURLY RATES Principal Consultant 5 $309.00 Managing Consultant 6 $286.00 Principal Consultant 1 $202.00 Senior Consultant 3 $181.00 Associate Consultant 5 $178.00 Associate Consultant 2 $141.00 Consultant 3 $122.00 PROPOSED SCHEDULE OF CHARGES JOHN KALISKI ARCHITECTS PROFESSIONAL STAFF 2023 HOURLY RATES Principal $225.00 Associate $160.00 Senior Project Manager $140.00 Project Manager $130.00 Job Captain $115.00 Senior Designer $110.00 Designer II $105.00 Designer I $95.00 Senior Administrator $120.00 Administrator $75.00 Intern $75.00 REIMBURSABLE EXPENSES 2023 RATES General Reimbursable Expenses cost + 10% Vendors cost + 10% Auto Mileage $0.655 per mile + 10% Outside Vendor Printing cost + 10% In-house Printing Large Format Plots 8.5 X 11 Color Copies 11 X 17 Color Copies 8.5 X 11 Black & White Copies 11 X 17 Black & White Copies $2.00 per square foot + 10% $0.50 per page + 10% $1.00 per page + 10% $0.10 per page + 10% $0.20 per page + 10% PROPOSED SCHEDULE OF CHARGESE TAJIMA OPEN DESIGN OFFICE PROFESSIONAL STAFF 2023 HOURLY RATES Principal $125.00 Item 1P-30 28PROPOSED BUDGET Consultant Role in this Project John KaliskiArchitects (JKA) EnvironmentalScience Associates (ESA) Tajima OpenDesign Oce (TODO) TASK LABOR COSTJKA COST ESA COST TODO COST Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Consultant Role in this Project $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 John Kaliski Architects(JKA) Environmental Science Associates(ESA) Tajima Open Design Oce(TODO) TASK LABOR COSTJKA COST ESA COST TODO COST 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 4.1 4.2 5.1 5.2 5.3 5.4 6.1 7.1 7.2 7.3 JKA LABOR COST ESA LABOR COST TODO LABOR COST $ 4,210.00 $ 863.00 $ 375.00 Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Task 1: Project Management and Coordination Task 2: Data Gathering and Document Research and Review Task 3: Public Outreach Task 4: Technical Reports Task 5: Draft ODS and Zoning Consistency Updates Task 6: Environmental Review Task 7: Final Documents and Adoption Project Administration $ 2,460.00 $ 7,400.00 $ 250.00 $ 10,110.00 Kick-O� Meeting $ 1,490.00 $- $- $ 1,490.00 City Tour $ 3,715.00 $- $- $ 3,715.00 Project Coordination $ 4,400.00 $- $- $ 4,400.00 Document Review $ 3,065.00 $ 2,570.00 $ 500.00 $ 6,135.00 Project Review $ 1,265.00 $- $- $ 1,265.00 Existing Conditions Analysis Report $ 6,890.00 $- $- $ 6,890.00 General Plan/Zoning Discrepancy Report $ 970.00 $ 6,832.00 $- $ 7,802.00 Vision Statement $ 745.00 $- $- $ 745.00 Community Engagement and Outreach Plan $ 1,265.00 $- $- $ 1,265.00 Outreach Phase 1: Project Introduction and Issue Identification $ 14,510.00 $- $- $ 14,510.00 $- $- $- $- $- $- Outreach Phase 2: Technical Report Review $ 8,070.00 $- $- $ 8,070.00 $- $- Outreach Phase 3: Public Review Draft Standards $ 14,510.00 $ 1,854.00 $- $ 16,364.00 $- $- $- $- $- $- Zoning Consistency Recommendations Memorandum $ 485.00 $ 5,928.00 $- $ 6,413.00 ODS Options and Recommendations Memorandum $ 10,460.00 $- $- $ 10,460.00 Draft Zoning Updates $ 485.00 $ 4,520.00 $- $ 5,005.00 Administrative Draft ODS $ 12,400.00 $- $ 4,000.00 $ 16,400.00 Public Review Draft ODS $ 7,620.00 $- $ 2,000.00 $ 9,620.00 Public Hearing Draft ODS $ 4,330.00 $- $ 500.00 $ 4,830.00 CEQA Compliance $ 260.00 $ 1,010.00 $- $ 1,270.00 Final Zoning Updates for Zoning/GP Consistency $ 485.00 $ 1,462.00 $- $ 1,947.00 Final ODS $ 1,490.00 $- $ 250.00 $ 1,740.00 Final Adoption Hearings $ 3,880.00 $- $- $ 3,880.00 JKA Reimbursable Expense Allowance ESA Reimbursable Expense Allowance TODO Reimbursable Expense Allowance TASK 1 TOTAL $ 12,065.00 $ 7,400.00 $ 250.00 $ 19,715.00 TASK 2 TOTAL $ 12,935.00 $ 9,402.00 $ 500.00 $ 22,837.00 TASK 3 TOTAL $ 38,355.00 $ 1,854.00 $- $ 40,209.00 TASK 4 TOTAL $ 10,945.00 $ 5,928.00 $- $ 16,873.00 TASK 5 TOTAL $ 24,835.00 $ 4,520.00 $ 6,500.00 $ 35,855.00 TASK 6 TOTAL $ 260.00 $ 1,010.00 $- $ 1,270.00 TASK 7 TOTAL $ 5,855.00 $ 1,462.00 $ 250.00 $ 7,567.00 3.2.1 Community Meeting 1, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 1 and Meeting Preparation 3.2.2 Study Session 1 (Joint PC/CC) and Meeting Preparation 3.3.1 Study Session 2 (PC) and Meeting Preparation 3.4.1 Community Meeting 2, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 2 and Meeting Preparation 3.2.2 Study Session 3 (PC) and Meeting Preparation $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 LABOR COST $ 105,250.00 $ 31,576.00 $ 7,500.00 $ 144,326.00 CONSULTANT TEAM TOTAL COST $ 149,774.00 PROPOSED BUDGETF Consultant Team Standard Scope of Services Item 1P-31 29PROPOSED BUDGET Consultant Role in this Project TASK LABOR COSTJKA COST ESA COST TODO COST John Kaliski Environmental Tajima Open Urban Design andO t h Planning andE i t l R i LandscapeA hit t Consultant Role in this Project John KaliskiArchitects (JKA) EnvironmentalScience Associates (ESA) Tajima OpenDesign Oce (TODO) TASK LABOR COSTJKA COST ESA COST TODO COST A B C D Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Optional Menu of Additional Outreach Services Optional Service: ODS for Two-Story Residences, Additions, ADUs, and JADUs TASK 7 TOTAL $ 30,790.00 $- $ 3,500.00 $ 34,290.00 Web-Based Community Survey $ 7,620.00 $- $- $ 7,620.00 Additional Virtual Workshop w/ Interactive Exercise $ 7,620.00 $- $- $ 7,620.00 Best Design Practices Tour/Community Walk $ 10,910.00 $- $- $ 10,910.00 Pop-up at select community location (Farmer's Market, PublicLibrary, Park, etc.)$ 10,910.00 $- $- $ 10,910.00 Document Review $ 745.00 $- $ 250.00 $ 995.00 Project Review $ 745.00 $- $- $ 745.00 Outreach: Community Meeting $ 10,910.00 $- $- $ 10,910.00 Outreach: PC Study Session $ 2,250.00 $- $- $ 2,250.00 Outreach: ARC Meeting $ 1,350.00 $- $- $ 1,350.00 Administrative Draft ODS $ 8,660.00 $- $ 2,000.00 $ 10,660.00 Public Review Draft ODS $ 3,290.00 $- $ 1,000.00 $ 4,290.00 Public Hearing Draft ODS $ 1,870.00 $- $ 250.00 $ 2,120.00 Final ODS $ 970.00 $- $ 250.00 $ 1,220.00 Consultant Team Optional Services Item 1P-32 APPENDICES 30 G Item 1P-33 I JOHN KALISKI, FAIA, NCARB MANAGING PRINCIPAL G.1 RESUMES OF KEY STAFF Since graduating from Yale Architecture School in 1982, John Kaliski has had a diverse career as an architect, urban designer, teacher, and writer. Before starting his own practice, his professional work included five years as a designer at Skidmore Owings Merrill, first in Houston, then in Los Angeles, followed by five years as Principal Architect of the Community Redevelopment Agency of the City of Los Angeles. He began a private practice in 1993 as a principal of AIJK. In 1994, he was recognized by TIME as one of fifty leaders who will shape the twenty-first century. Four times a Fellow of The Mayor’s Institute on City Design, he served as President in 2009 of the Los Angeles Chapter of the American Institute of Architects (AIA). His writings on cities and architecture have appeared in Design Book Review, the Harvard Graduate School of Design Magazine, ARCA, California Architect, Log and Cite, as well as the co-authored book, Everyday Urbanism, published in 1999 and 2009. He has taught history, theory, and studios at UCLA, USC, Cal Poly Pomona, SCI-Arc, The University of Houston, and The University of Michigan. Since founding John Kaliski Architects in 2000, John’s work has included design guidelines for the Hollywood Boulevard District, a vision plan for Los Angeles’ Crenshaw community, the Ocean Park Boulevard Complete Green Street, design of affordable small lot subdivision townhomes for Enterprise Foundation, continuing design of non-profit medical clinics for Mission City Community Network, the urban design of Metro’s East San Fernando Valley Transit Corridor project, private homes, and over 1,000 units of multi-family housing. His design work and writings have been recognized with awards from the AIA and the American Planning Association. On both urban design and architecture projects, John seeks to critically integrate client as well as public concerns and aspirations into practicable design outcomes. With three decades of experience working with and for clients and communities, John has developed the insight to bring together multiple viewpoints into constructible architecture and urban design that celebrates enduring community making. SELECTED PROJECT EXPERIENCE • El Segundo SB9 Unit Study and Design Recommendations (2021) • East San Gabriel Valley Area Plan (2021–2022) • Palmdale Multi-Family and Mixed-Use Design Standards (2021–2022) • Culver City Single-Family Residential Development Standards and Guidelines (2020) • Downey Single-Family Residential Development Standards (2018–2021) • Culver Crest Single-Family Neighborhood Hillside Development Standards (2017–2018) • Burbank Single-Family Neighborhood Compatibility Review and Design Guidelines (2015–2016) • City of Beverly Hills Single-Family Mass and Bulk Study (2013) EDUCATION Master of Architecture Bachelor of Arts, Architecture Yale University New Haven, Connecticut REGISTRATIONS Professional Architect California #C17945 PROFESSIONAL AFFILIATIONS Fellow, American Institute of Architects, Los Angeles Member, National Council of Architectural Registration Boards Member, American Planning Association Member, Windsor Village Historic Preservation Overlay District Advisory Board YEARS OF EXPERIENCE 39 G.1 RESUMES OF KEY STAFF Item 1P-34 II JOHN KALISKI, FAIA, NCARB MANAGING PRINCIPAL G.1 RESUMES OF KEY STAFF CURRICULUM VITAE FOCUS AND WORK Urban and environmental design (urban design standards and guidelines, urban design policy, transit-oriented design, and public realm design), design facilitation (workshops and public meetings), architecture (affordable and infill housing, mixed-use projects, and architecture for non-profits), and urban design theory and history (writing and lecturing). PROFESSIONAL REGISTRATION State of California Architecture License C17945 PROFESSIONAL EXPERIENCE John Kaliski Architects and URBAN STUDIO Los Angeles, California: 2000–present Principal Department of Urban and Regional Planning, UCLA Los Angeles, California: 2012–2018 Adjunct Faculty Price School of Public Policy, University of Southern California Los Angeles, California: 2009–2014 Faculty College of Architecture and Environmental Design, California Polytechnic University Pomona Pomona, California, 2000–2004 Faculty Southern California Institute of Architecture (SCI-Arc) Los Angeles, California, 1993–2001 Faculty Aleks Istanbullu John Kaliski Architecture and City Design Santa Monica, California: 1993–2000 Principal Community Redevelopment Agency of the City of Los Angeles (CRA/LA) Los Angeles, California: 1988–1993 Principal Architect Skidmore, Owings and Merrill (SOM) Los Angeles and Houston, Texas: 1984–1988 Architectural Designer Item 1P-35 IIIG.1 RESUMES OF KEY STAFF University of Houston College of Architecture Houston, Texas: 1982–1984 Assistant Professor EDUCATION Yale University New Haven, Connecticut Masters of Architecture: 1982 Bachelor of Arts (Architecture): 1978 PUBLISHED WRITINGS 1. “Your Next Front Yard” with Takako Tajima, Hancock Park Garden Club, 2017. 2. “A Substantive Design Man: John Leighton Chase, 1953–2010”, California Planning and Development Report, August 26, 2010. 3. “Why Signs? Why Now?” FORM Magazine: Pioneering Design, March/April 2009. 4. “Democracy Takes Command: New Community Planning and the Challenge to Urban Design” Urban Design, edited by William Saunders and Alex Kreiger, University of Minnesota Press, 2009. 5. “Nine in ‘09 for Los Angeles Architecture and Urban Design” FORM Magazine: Pioneering Design, January/ February 2009. 6. “A Babylon of Signs” written with Lorraine Wild, Design Observer (www.designobserver.com), January 2009. 7. “Design and Democracy Matters” “MiniCity: The Mini Mall in Los Angeles.” Everyday Urbanism (updated and expanded), edited by John Chase, Margaret Crawford, and John Kaliski . New York: Monacelli, 2008 8. “Everyday Urban Design” Writing Urbanism: A Design Reader, edited by Douglas Kelbaugh and Kit McCullough, Routledge, 2008. 9. “Democracy Takes Command”, Harvard Design Magazine 22, edited by William Saunders, Spring/Summer 2005. 10. “The Discontents and Pleasures of L.A. Now.” L.A. Now, edited by Richard Koshalek, Thom Mayne, and Dana Hutt, University of California Press, 2002. 11. “Measure your Urbanism”, Cite 53, Summer 2002. 12. “The Present City and the Practice of City Design.” Everyday Urbanism, edited by John Chase, Margaret Crawford and John Kaliski. New York: Monacelli, 1999. 13. “Making a Happening Main Street”, Cite, Houston, Texas, Fall 1999. 14. “Critique”, Architectural Record, June 1999. 15. “The City,” edited by Allen J. Scott and Edward W. Soja, Harvard Design Magazine, Winter/Spring 1998. 16. “Reading New Urbanism”, Design Book Review, Winter 1997. 17. “On Urban Making and the Craft of City Design”, California Architect, May 1994. 18. “Diversity/Prejudice and the Overcoming of an Architecture of Control”, form: Supplement, September 1993. 19. “The Shape of Los Angeles’ Millennial Future.” The Edge of the Millennium. New York: Wilson Guptal Books, 1993. 20. “Re-Visualizing The Dream: Los Angeles and the Future of the Single Family House.” RE: American Dream. Princeton: Princeton Architectural Press, 1993. 21. ”Remaking L.A.: Global Villages” by Aaron Bretsky (featuring John Kaliski), The Los Angeles Times Magazine, December 13, 1992 Item 1P-36 IVG.1 RESUMES OF KEY STAFF 22. “Design for Housing: It’s Good to be Modern Again”, LA Architect, February 1991. 23. “Downtown Views, Will the Center Hold?”, Angeles, February 1991. 24. “Houston Architectural Guide” by Steven Fox, Cite, Winter 1991. 25. “A Discourse on Critical Digression”, LA Forum Newsletter. 26. “Towards Designed Public Space in Los Angeles”, LA Forum Newsletter, #6. 27. “Building Politics: The Role of the Architect/Urban designer”, LA Architect, October 1990. 28. “Good City Form” by Kevin Lynch, LA Architect. 29. “City Myth, City Reality, and City Voice in Houston”, Cite, Spring/Summer 1988. 30. “Shaping Things to Come” with Marc Futterman, LA Architect. 31. “Towers of Babble: Burton Pike’s The Image of the City in Modern Literature”, LA Architect, January 1988. 32. “On the Boulevard: Mclarand, Vasquez and Partner’s Wilshire Courtyard”, LA Architect, January 1988. 33. “The Braude/Yaroslovsky Planning Motions: Exalting the Present of Planning the Future” with Aleks Istanbullu and Robert Schaefer, LA Architect, June 1987. 34. “The Downtown Bypass: Is this Operation Necessary?” LA Architect, July 1986. 35. “Master Johnson’s House of Education”, Cite, Summer 1986. 36. “Letter form Los Angeles”, Texas Architect, February 1986. 37. “Houston in the Rear-View Mirror”, Cite, Winter 1985/1986. 38. “City Building in the New South: The Growth of Public Services in Houston, 1830-1915” by Harold Platt, Cite, Fall 1985. 39. “Crabbing about Preservation” with Stephan Fox, Cite, Summer 1985. 40. “Bread and Butter Improvements: A Courthouse Beautification”, Cite, Spring 1985. 41. “Houston, How and Why”, Texas Architect, September/October 1985. 42. “The Wright Stuff: Houston’s Natural House”, Cite, Fall 1984. 43. “Great from Afar, Far from Great: Helmut Jahn’s Southwest Center”, Cite, Summer 1984. 44. “United General Insurance Company”, Texas Architect, March/April 1984. 45. “Diagrams of Ritual and Experience: Learning from the Park Regency”, Cite, Summer 1984. LECTURES, SYMPOSIUMS, CHARRETTES, WORKSHOPS (PARTIAL LISTING) • MICD East, Mayor’s Institute on City Design, Graduate School of Architecture, Planning, and Preservation, Columbia University, New York, New York, December 14-16, 2011, Resource Team Member • Merhav - Movement for Israeli Urbanism (MIU), Israeli Mayor’s Institute on City Renewal, Tsefat, Israel, November 14 – 16, 2010, Resource Team Member • Cal Poly Pomona, Pomona, California, “When all else fails…what about Plan B?”, October 29, 2010, Lecture • Cal Poly Pomona, Los Angeles, California, “The Future of the Los Angeles City Planning Department (and the City of Los Angeles)”, August 4, 2010, Panelist • MICD West, Mayor’s Institute on City Design, Phoenix Urban Research Laboratory, Arizona State University, Phoenix, Arizona, March 10-12, 2010, Resource Team Member • Woodbury University, Burbank, California, “New Properties: Contemporary Ideas for the Future of Urban Cities in the American West”, March 2009, Panelist • University of Kansas, Lawrence, Kansas, “Minicity: The Architecture and Urbanism of Convenience”, February 2009. • Scottsdale Museum of Contemporary Art, Scottsdale, Arizona. “Minicity: The Architecture and Urbanism of Convenience”, lecture, November 2008 Item 1P-37 VG.1 RESUMES OF KEY STAFF • Rice University, “Good City, Good Citizen: Vision”, civic forum, July 2008. • The Los Angeles Region Planning History Group, Huntington Library, Pasadena, California. “The Architecture of Place and the Architecture of Object: The Uses of Invention and Convention”, panelist, June 2008. • K-8 Charette: Movement for Israeli Urbanism, Kiryat Shmona, Israel, participant, December 2007 Pacific Design Center, “Public Space LA!”, panelist, October 2007 • Bauhaus University Weimar, International European Urban Model Projects Forum, participant, February 2007 • Parsons the New School for Design, New York, “Democracy and Design Matters”, lecture, December 2006. • Congress for the New Urbanism, Pasadena, California, “Minicity”, presentation, June 2005. • Westside Urban Forum, Los Angeles, “Can the New Urbanism Work in the Old Suburbanism?”, panelist, April 2005. • AIA Los Angeles, Architecture + Design Museum, “NIMBYism: How Do We Get Beyond It?”, panelist, January 2005. • Bauhaus Universitat Weimar, “Everyday Urbanism”, lecture, November 2002. • Livable Places Design Walk, Los Angeles, “Rewriting the Rules: The Architects Role in Shaping Projects, panelist, May 2002. • MICD, Mayor’s Institute of City Design: La Jolla, 2000 • “Exploring New Urbanism”, Participant, Harvard GSD, Spring 1999 • LA River Charrette, Participant, 1998 • Urban Design Charrette, Leader, University of Washington, Spring 1998 • MICD, Mayor’s Institute on City Design: Charlottesville, Virginia, 1998. • Museum of Contemporary Art (MOCA) Architecture and Design Council, Los Angeles, “The Shape of the City”, June 1993. • Low Income Services Corporation (LISC), “Crenshaw Council District 10 Planning Charrette”, team leader, May 1993. • MOCA, “Art Talks”, “Louis I. Kahn’s Urban Projects”, March 1993, • City of South Pasadena Planning Commission, “Design Review and the Hollywood Boulevard District Urban Design Plan”, March 1993. • California Polytechnic University, College of Environmental Design, Pomona, “The Shape of Los Angeles’ Millennial Future”, February 1993. • University of California San Diego (UCSD) School of Architecture, “Borderlines” charrette participant, December 1992. • UH College of Architecture, “Why Plan What?”, symposium participant, October 1992. • Mayor’s Design Lecture Series, Los Angeles, “The Shape of Los Angeles’ Millennial Future”, April 1992. • Pacific Design Center Westweek, West Hollywood, CA, “Editorial Directions”, symposium moderator, March 1992. • Fifth Annual West Hollywood Urban Design Conference, West Hollywood, “Are Mass Transportation and Freeways the Only Game in Town?”, symposium participant, March 1992. • Cooper Hewitt Museum, New York, “The Edge of the Millennium: The City, Spirit and Form”, symposium participant, January 1992. • UCSD School of Architecture, “Converging Lines”, symposium participant, November 1991. Los Angeles Cultural Affairs Department, “RE: American Dream”, symposium moderator, August 1991. • American Institute of Architects (AIA), Los Angeles Chapter, “Focus on Architecture and Urban Design”, symposium participant, June 1991. • Sci-Arc, “Dialogue on Creative Real Estate Investment”, symposium participant, June 1991. • University of Southern California (USC), Los Angeles, “Art in Public Places Conference, invited workshop participant, May 1991. Item 1P-38 VIG.1 RESUMES OF KEY STAFF • MOCA, Art Talk’s “MOCA / Downtown: Museums of Urban History”, April 1991. • Los Angeles Tall Buildings Structural Design Council, Los Angeles, “Second Conference on Tall Buildings in Seismic Regions”, symposium participant, May 1991. • AIA Los Angeles Chapter, “AIA Regional Urban Design Committees Annual Meeting”, symposium participant, October 1990. • SCI-Arc, “The Draft Hollywood Boulevard District Urban Design Plan”, October 1990. • City of Frankfurt, Federal Republic of Germany, “Grungurtel Design Workshop,” team leader, September 1990. • University of California Los Angeles Graduate School of Architecture and Urban Planning, “siteWORKS”, symposium participant, May 1990. • Pacific Design Center, “LA21: A Vision of the Future and Those Who Will Make the Design Difference in the Next Century”, symposium participant, March 1990. • California Institute of the Arts (Cal Arts), Los Angeles, “The Design of LA”, symposium moderator, February 1990. • Pacific Southwest Regional Council of the National Association of Housing and Redevelopment Officials (NAHRO), San Diego, “Urban Design Considerations in Redevelopment Project Areas and the 24 Hour Downtown”, symposium participant, November 1988. • USC, Lusk Center for Real Estate Development, “Developing an Urban Quality of Life”, symposium participant, November 1988. • The Los Angeles Historic Theater Foundation, Los Angeles, “Why Downtown Entertainment Districts Make Sense”, symposium participant, August 1988. • College Art Association, Houston, “Houston: the Making of a City”, symposium participant, February 1988. • The Cooper Hewitt Museum, “Finding Voice in Houston”, lecture, March 1986. • UH College of Architecture, “Reconsidered Modernism”, symposium moderator, November 1984. American Collegiate Schools of Architecture (ACSA)/AIA Regional Conference, Austin, Texas, Houston’s Natural House”, lecture, October 1984. • Rice Design Alliance (RDA), Houston, “The Role of the Press/Criticism in Architecture”, organizer, January 1984. • UH College of Architecture, “The Meaning of Gothic and the Idea of Modern”, lecture, March 1983. • UH College of Architecture, “Skyscrapers of the 1950s: Questions Concerning a Tradition of Design Competence”, lecture, June 1982. ACADEMIC APPOINTMENTS AND JURIES • City of Los Angeles Mayor’s Design Advisory Panel: 2009 • Lecturer, University of Southern California College of Architecture, “Architecture in the Urban Landscape”, Spring 2009–Spring 2011 • California Polytechnic University Pomona (Cal Poly Pomona), Visiting Design Studio Faculty, Winter 2004, Winter 2005, and Winter 2006. • University of Michigan, Distinguished Urban Design Critic, Spring 2000. • National AIA Design Awards, Urban Design Juror, 1998 • Southern California Institute of Architecture, Design Studio Faculty and History/Theory Faculty: 1987–2001. • Progressive Architecture Annual Awards, Urban Design Juror: 1992. • University of Southern California College of Architecture, Adjunct Faculty: Fall 1992. • UH College of Architecture, Assistant Professor: 1982–1985. • AIA/San Antonio Chapter, San Antonio, Texas Chapter Awards, Juror: 1984. • Academic Juror: Cal Poly Pomona, Kansas University, Rice University, Texas A&M, University of Cincinnati, Item 1P-39 VIIG.1 RESUMES OF KEY STAFF UCLA, University of Houston, University of Southern California, Yale. ORGANIZATIONS • American Institute of Architects Los Angeles: Fellow, 2020; President, 2009; Vice President, 2008; Member, Board of Directors 2006–2007; Chair Political Outreach Committee, 2005; Vice Chair Political Outreach Committee, 2004. • American Planning Association: Member, 2017–present. • Southern California Association of Non-Profit Housing: Member, 2018–present • Wilshire Park, Country Club Park, and Windsor Village Historic Preservation Overlay District Advisory Board: Member, 2015–present. • University Park Historic Preservation Overlay Zone Advisory Board: Member, 2000–2003. • St. Elmo’s Village: Member, Board of Directors, 1999–2009 • American Institute of Architects National Regional and Urban Design Committee: Chair, 1995; Member, Advisory Board, 1992–1998. • The Los Angeles Forum for Architecture and Urban Design: Member, Board of Directors, 1989–1994. • Museum of Contemporary Art, Los Angeles: Architecture and Design Council, Board Member, 1993. • American Institute of Architects Los Angeles Urban Design Committee: Chair, 1987. • LA Architect: Member, Editorial Board, 1987–1994. • Rice Design Alliance: Member, Board of Directors, 1983–1985. • Cite: Chairman, Editorial Board, 1984–1985. AWARDS • American Planning Association Los Angeles, Urban Design Award of Merit for City of Downey Single-Family Residential Design Guidelines, 2022 (with City of Downey). • American Institute of Architects Cincinnati, Certificate of Appreciation, February 2005. • Progressive Architecture Award, MTA Pedestrian Bridge, 2000 (with Morphosis). • American Planning Association Houston Section Highest Honor for Journalism, “The Main Idea: A Competition for Remaking Main Street”, 1999. • American Planning Association Houston Section Highest Honor for Strategic Planning, The Houston Framework, 1998. • Time Magazine’s “50 For the Future: Roster of America’s most promising leaders age 40 and under”, December 5, 1994. • National Endowment for the Arts Individual Project Grant, “An Urban Design Manual for Los Angeles Boulevard Corridors”, 1992. • Christopher Tunnard Memorial Scholarship, Yale University (presented for outstanding academic performance in planning), 1982. EXHIBITIONS • “Unfinished Business: 25 Years of Discourse in Los Angeles”, WUHO Gallery, Los Angeles Forum for Architecture and Urban Design, Hollywood, California, July–August 2012 • “A Place in the Sun: Visualizing Los Angeles Public Spaces”, The Armory Center for the Arts, Pasadena, CA, June 27–August 8, 1998 • “101 New Blood”, Pacific Design Center, Yale University, 1998–99 Item 1P-40 VIIIG.1 RESUMES OF KEY STAFF EDUCATION Master of Architecture Bachelor of Science, Architecture University of Michigan Ann Arbor, Michigan REGISTRATIONS LEED AP Neighborhood Development AWARDS 2021 Transportation Planning Award, APA Los Angeles Section for “Complete Our Streets – Burbank Citywide Complete Streets Plan 2020 Merit Award, American Planning Association – Inland Empire Section, South Colton Livable Corridor Plan PROFESSIONAL AFFILIATIONS Member, American Planning Association YEARS OF EXPERIENCE 6 Amee Bhatt joined JKA in 2021 with five years of experience in architecture, urban design, and planning. At JKA, Amee manages all urban design projects. For the East San Gabriel Valley Area Plan, she worked on the Community Character and Design Element, which involved an analysis of residential, commercial and public realm patterns of 24 unincorporated communities and the creation of goals, policies, and actions to enhance the evolving landscape. Amee has authored multi-family and mixed-use objective design standards that comply with SB9 and maintain the character of single-family neighborhoods in El Segundo. She has also developed building prototypes and calculated opinions of cost for economic feasibility studies for a Beverly Hills Unified School District-owned site exploring multi-family housing alternatives. In her previous experience as an Urban Designer at Dudek, Amee made key contributions to projects throughout Southern California, including the City of Burbank Complete Streets Plan, Mira Mesa Community Plan Update, South Colton Livable Corridor Plan, Oso Creek Golf Course and Open Space Vision Plan in the City of Mission Viejo, and the Meadows Specific Plan in Sierra Madre. Amee places a special emphasis on the quality of the public realm and pedes- trian experience and strives to create active, engaging, and sustainable places drawing on her skills as an urban designer. SELECTED PROJECT EXPERIENCE • El Segundo Multi-Family Housing Design Standards (2023) • East Palmdale Boulevard & 40th Street East Masterplan (2023) • Metro Joint Development Housing Accelerator Strategic Planning (2022) • Beverly Hills Unified School District Feasibility Study (2022) • El Segundo SB9 Unit Study and Design Recommendations (2021) • Santa Barbara Economic Feasibility Study (2021) • East San Gabriel Valley Area Plan (2021–2022) • Palmdale Multi-Family and Mixed-Use Design Standards (2021–2022) AMEE BHATT, LEED AP ND URBAN DESIGN PROJECT MANAGER Item 1P-41 IXG.1 RESUMES OF KEY STAFF CURRICULUM VITAE PROFESSIONAL EXPERIENCE John Kaliski Architects, Urban Design Project Manager: 06/2021–Present • Parsed State legislation and city zoning code, produced an Existing Conditions, Findings, and Considerations Report, developed recommendations, and drafted an ordinance amending the City of El Segundo’s existing zoning code to accommodate for urban lot splits in the City’s residential neighborhoods under SB9 • Responsible for the development of design standards and guidelines for multiple planning projects • Drafted the Community Character and Design Element for the East San Gabriel Valley Area Plan, consisting of a summary of existing residential, commercial, and public realm character of 24 unincorporated communities in the East San Gabriel Valley and correlating community findings, goals, and policies Dudek, Urban Designer: 02/2019–05/2021 • Analyzed existing conditions of the city, organized and participated in community outreach events, and prepared the layout and drawings for the Burbank Complete Streets Plan • Developed design studies for the City of Fullerton’s Housing Incentive Overlay Zone Analysis • Researched precedents, contributed to the schematic design, and prepared framework diagrams for the Mira Mesa Community Plan Update • Prepared renderings, community outreach displays, and the layout for the final South Colton Livable Corridor Plan • Identified key observations and principles of the project site, prepared presentations for both internal and public meetings for the Oso Creek Golf Course and Open Space Vision Plan in Mission Viejo, CA Design Earth, Research Assistant: 05/2018-08/2018 • Curated a collection of scholarly work that correlated climate change with architectural representation IBI Group, Architectural Designer: 2015-2016, Summer 2017 • Designed and managed the United Way Torch flame project in downtown Detroit • Collaborated with MIG Construction to create construction documents for renovations and additions to the Motor City Casino in Detroit, MI • Contributed to the programming, master planning, and schematic design for various commercial and industrial projects, with leadership in the design of the King Abdullah Economic Center Mosque • Managed the “D-90 Initiative,” a collection of research and internal presentations for company awareness about Detroit and its potential for business (Summer 2017) EDUCATION The University of Michigan Ann Arbor, Michigan Master of Architecture: 2018 AMEE BHATT, LEED AP ND URBAN DESIGN PROJECT MANAGER Item 1P-42 XG.1 RESUMES OF KEY STAFF The University of Michigan Ann Arbor, Michigan Bachelor of Science, Architecture: 2014 SKILLS • Software: 3D Printing (MakerBot), Adobe Creative Suite, ArcMap, AutoCAD, Lumion, Microsoft Office, Revit, Rhino (+VRay for Rhino), Sketchup • Architecture and Design Skills: Sketching, Physical Model Making, 3D Modeling, Renderings, Architectural Drafting, Map Making • Language: English (primary), Gujarati, Hindi ORGANIZATIONS • NCARB: 2014-Present • American Planning Association: Member, 2022-Present Item 1P-43 XIG.1 RESUMES OF KEY STAFF GERMAN DIAZ, ASSOCIATE AIA DESIGNER German Diaz joined JKA in 2022 as a Designer, coming in with previous experience with design practices and craftsmanship. Prior to his work at JKA, German worked as an architectural designer and for an interior furniture artist. From a young age, German was around design practices and has a family background in landscape practice and design. German’s approach to work is organized and strategically driven. At JKA, he works on a variety of both urban design and architecture projects. He is currently helping with creating site plans for an Objective Design Standards project in El Segundo and conducting zone analysis to determine which areas can lead to development. German’s architectural design experience includes both hospitality and residential projects. Most recently, designed a shade system for Lulu, a restau- rant in UCLA’s Hammer Museum. The design allowed the restaurant to operate under various weather conditions with a shade that protects the interior from wind and rain. German’s ongoing work at JKA includes schematic design for several multi-family housing projects. He is interested in a multidisciplinary practice where the intersection of design, animation, interactive environments and radical architecture explorations all come together. Outside of JKA, German creates art through a variety of mediums, whether it’s digital sculpting, coding, or molding with resin. SELECTED PROJECT EXPERIENCE • El Segundo Multi-Family Housing Design Standards (2023) • East Palmdale Boulevard & 40th Street East Masterplan (2023) • Lulu Restaurant Courtyard Winterization (2022) • 5144 Crenshaw Boulevard Apartments (2021–Ongoing) • 6901 South Western Avenue Apartments (2021–Ongoing) • 1213 West Vernon Avenue Apartments (2021–Ongoing) EDUCATION Bachelor of Architecture Southern California Institute of Architecture (SCI-Arc) Los Angeles, CA PROFESSIONAL AFFILIATIONS Associate Member, American Institute of Architects Los Angeles YEARS OF EXPERIENCE 2 Item 1P-44 XIIG.1 RESUMES OF KEY STAFF GERMAN DIAZ, ASSOCIATE AIA DESIGNER CURRICULUM VITAE PROFESSIONAL EXPERIENCE John Kaliski Architects, Designer: 2022–present • Creates site plans and conducts zone analysis for objective design standards projects. • Conducts lot resizing and street developments for master plans. • Conducts site surveys and identifys different zoning contexts. • Prepares schematic design drawings and construction documents for a variety of different multi-family housing projects of different scales. • Designed a shade system for a restaurant, allowing it to operate under different weather conditions. David Wiseman Studio, Digital Fabricator: 2021–2022 • Explored design and the production process through integration of concept, computation, and fabrication. • Effectively initiated production of design models and drawings using computation design and programming. Chait & Company, Designer; 2018–2018 • Preparation of schematic drawings and construction drawings using Revit. • Worked with team and consultants for structure alterations and site development. • Created as-built documents utilizing images and AutoCAD drawings to create storefront entrance system. • Prepared construction drawings for the permit process of tenant improvments. Marcelino Diaz Landscaping Inc, Landscape Enhancement Manager; 2016–2021 • Reviewed and coordinated project bidding. • Coordinated delivery of project plans and materials. • Prepared job sites, plans and laid out components. • Installed irrigation systems and ensured planting quality standards. EDUCATION Southern California Institute of Architecture Los Angeles, California Bachelor’s Degree in Architecture: 2021 Rio Hondo College Rio Hondo Associate of Science in Architecture: 2015 ORGANIZATIONS American Institute of Architects Los Angeles; Associate Memeber, 2022–Present Item 1P-45 XIIIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP Urban Planner Environmental Science Associates esassoc.com Shannon is an urban planner with 20 years’ experience specializing in managing long- range planning documents as well as processing complex land use entitlement projects. Ms. Wages has successfully managed the preparation of multiple general plans, specific plans, housing element updates, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Ms. Wages has extensive housing experience, including assisting seven jurisdictions in updating their Housing Elements during this sixth housing element planning period, including for the cities of Indio, Highland, Lomita, Mountain View, Irwindale, Napa County and Santa Barbara County. With a background in current planning, Ms. Wages also has extensive experience entitling projects on the heels of general plan and housing element updates, ensuring their compliance with State law and local goals, policies and ordinances. As such, Ms. Wages is well versed in housing law and policy, including as it relates to SB 9, SB 35 and other housing streamlining legislation. Relevant Experience County of Los Angeles Regional Planning Department, East San Gabriel Valley Area Plan Components and Program EIR, Los Angeles County, CA. Lead Land Use Planner. Shannon directed the preparation of a Land Use Element for the Los Angeles County East San Gabriel Valley Area Plan (ESGVAP). The ESGVAP is a regional planning document to guide development, manage growth, and improve the sustainability and quality of life in the East San Gabriel Valley. The main objective of the ESGVAP is to help this region sustainably grow around transit and commercial centers. Shannon prepared sustainable growth scenarios for each of the 24 unincorporated communities. Recommendations included targeting growth within a half mile of designated high-quality transit areas and major transit and commercial/employment centers, transitioning to clean industry near industrial/residential interface areas, strengthening amenities and resources in underserved locations, and preserving sensitive resource areas. City of Irwindale Housing, Safety, and Environmental Justice Elements, Irwindale, CA. Project Manager. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. The City is entirely within a superfund site and is heavily industrialized, with a large daytime employment population (~40,000) and a small resident population (>2,000). The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community. Shannon is overseeing the preparation of the Environmental Justice Element and update to the City’s Safety Element. The focus of this planning effort is to improve the sustainability, resilience, health and safety of the community. Key topics of concern for both residents and employees include the need to improve air quality through cleaner industry, improve bike and pedestrian infrastructure, and increase the City’s tree canopy. Access to healthier food options, improved recreational resources, reduced crime, and the EDUCATION MA, Urban Planning/Design, University of Southern California BA, Humanities/Spanish, Brigham Young University 20 YEARS’ EXPERIENCE CERTIFICATIONS/ REGISTRATION American Institute of Certified Planners PROFESSIONAL AFFILIATIONS American Planning Association American Society of Adaptation Professionals Item 1P-46 XIVG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com addition of affordable housing for all stages in life are also emphasized. Shannon is also working with the community to identify sites to accommodate the City’s regional housing need, and prepare a Housing Element Update consistent with state law. Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Shannon managed the preparation of the Safety Element Update. City of Mountain View, Housing Element Update and EIR. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. As senior planner, Shannon helped oversee and prepare the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA. City of Burbank, Pickwick Gardens SB 35 Project Review, Burbank CA. Project Manager. ESA provided planning consulting services to the City of Burbank in connection with a proposed Senate Bill (SB) 35 residential streamlining project located at 1001 W. Riverside Drive. The purpose and requirements of SB 35 is to facilitate and expedite the construction of housing for developments in localities that have not yet made sufficient progress towards their allocation of the regional housing need. The Project is comprised of 96 three-story townhomes ranging from 1,200 square feet (sf) to 1,850 sf on the site of the Pickwick Bowling Alley in Burbank. Shannon facilitated the review and processing of the Project development application in compliance with SB 35 and tribal consultation requirements, including all applicable objective general plan, zoning, subdivision, and design review standards. Eastern Coachella Valley Action Plan for Climate Resilience, Riverside County, CA. Project Manager. Shannon served as project manager for the preparation of the Eastern Coachella Valley’s Action Plan for Climate Resilience. She oversaw an internal team of technical specialists and helped facilitate local stakeholders and regional agencies identify policy gaps in creating projects that are resilient to climate-related hazards and eligible for grant funding. As part of this project, Shannon and team performed a disruptive trend analysis to discuss trends and technology in housing and sustainability that have emerged since many of the regional plans were written. The Final Action Plan serves as an implementing document to fund green infrastructure, affordable housing, parks, and transportation projects with broad community support and specific funding sources. Item 1P-47 XVG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com City of Long Beach, Globemaster Corridor Specific Plan, Long Beach, CA. Project Manager. Shannon served as Project Manager for preparation of a Specific Plan for an area encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The GCSP includes a vision, goals and policies; integrated land use and mobility plan with a complete streets network; development regulations and design guidelines; and an implementation program to achieve a twenty-first century employment district. Shannon facilitated four workshops to present the components of the Plan at each milestone, drawing members of the business community, residential neighborhoods, property owners and interested residents of Long Beach for each workshop. She incorporated community comments into the Plan at each stage, ensuring that the Plan reflects the vision of the community to attract and optimize new work opportunities and become a flexible, commercial, industrial, mixed-use district, with improved pedestrian, bicycle, and transit mobility; open space and amenities; and enhanced design and functionality for the workforce environment. Old Town Revitalization Plan Development Standards and TOD Packing House District, City of Placentia, CA. Principal-In-Charge. Shannon served as principal-in-charge of both the Placentia Old Town Revitalization Plan Development Standards and TOD Packing House District, two adjacent plan areas north and south of the light rail line. Both plans were prepared concurrently to encourage an appropriate mixture and density of activity around the Metrolink station to increase ridership and promote sustainable modes of transportation. The development standards seek to encourage infill development that contributes to creating a compact walkable pattern with a complementary mix of land uses all within a comfortable walking distance of the station. The Old Town plan furthermore aims to preserve and enhance the distinguishable “village” look and feel of Old Town Placentia. These projects were done in tandem with a development application for a catalytic multi-family residential development project, which allowed us to “test” the plans with a real-life project to ensure they lead to a successful outcome. The TOD Plan received a 2019 SCAG Sustainability Award in Efficient & Sustainable Land Use. Historic Downtown Upland Specific Plan, Upland, CA. Project Manager. Shannon managed preparation of the Historic Downtown Upland Specific Plan and EIR. The Specific Plan aims to revitalize the heart of Upland with appropriately scaled development that accommodates increased density around the existing Metrolink Station, while preserving the historic character and heritage of this area. The plan includes a comprehensive development code as well as design standards and guidelines for both the public and private realms. This project was awarded a Comprehensive Planning Award for a Small Jurisdiction by the Inland Empire Chapter of the California American Planning Association. Shannon conducted an extensive outreach program at the local and citywide level; maintained a project website; and lead walking tours. The project was completed within the allotted schedule and budget. MetroWalk Specific Plan, City of Santa Clarita, CA. Project Manager. Shannon managed the preparation of the MetroWalk Specific Plan, a new transit-oriented residential community in proximity to the City’s new Metrolink Station, Bus Transfer Station and Vista Canyon Town Center mixed-use community. The Specific Plan contains the development plans, infrastructure development plans, development regulations, design guidelines, and implementation program to facilitate additional high-quality, attainably priced, multi-family residential apartments and townhomes with an emphasis on fostering a walkable, green environment and a mix of market rate and affordable housing units for seniors and all-age groups. City of Santa Clarita, CrossRoads Specific Plan, Santa Clarita, CA. Project Manager. Shannon is currently managing the preparation of the Crossroads at Via Princessa (Crossroads) Specific Plan, which establishes the development plans, infrastructure development plans, development regulations, design guidelines, and implementation program necessary Item 1P-48 XVIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com to achieve the orderly and compatible development of the Crossroads Specific Plan project area (Plan area), a proposed new mixed-use development in the City of Santa Clarita (city). The Specific Plan is intended to provide the framework to facilitate new, high-quality residential, retail/commercial, business park, and office uses within the greater, established Canyon Country community, and to aesthetically integrate the new uses with the adjacent development and open space. This Specific Plan is consistent and compatible with the provisions, goals and policies, where applicable, of the City of Santa Clarita General Plan. City of Upland GPU, Housing Element Update, Zoning Code Update, Climate Action Plan, Airport Land Use Compatibility Plan and EIR, Upland, CA. Project Manager. Shannon was the project manager for this multiyear, multi- plan project, which provided a comprehensive and integrated blueprint for growth and preservation of the City of Upland. The General Plan is user friendly and included all required General Plan elements in addition to economic sustainability, community character, and health. The GPU process included an extensive public participation and outreach program that played a key role in the development of focused goals and policies in each element. The Climate Action Plan (CAP) identified strategies to reduce greenhouse gas emissions in the City in accordance with state and regional goals. The Zoning Code was also comprehensively updated to facilitate consistency with, and implementation of, the General Plan. The program EIR analyzed the environmental impacts associated with adoption and implementation of the GPU. Key issues included air quality, greenhouse gas emissions, historic resources, noise, and transportation and traffic. The EIR has successfully helped streamline subsequent development projects in accordance with the General Plan Vision. City of Indio Housing Element Update and Pro-Housing Strategies, Indio, CA. Project Manager. Shannon served as Project Manager in charge of the City of Indio’s Housing Element Update. This two-part project comprehensively updated the City’s 2014-2021 Housing Element for compliance with the requirements of the 6th Cycle Regional Housing Needs Assessment process; and to evaluate pro-housing policies focused on financial issues, including direct financial incentives, organization strategies, fee strategies, trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval and construction of housing. As part of this effort, she worked closely with staff to organize and facilitate a community outreach approach that brought stakeholders and the community together to work on identifying housing needs and collaborating to develop solutions for meeting the housing needs of all members of the population, with an emphasis on affordable housing production. City of Lomita, Housing and Safety Element Updates, Lomita, CA. Principal-in–Charge. Shannon worked closely with City staff and the broader community through an extensive outreach program to understand the local housing needs and to develop a comprehensive list of goals, policies, and actions that provide a clear pathway to address the housing need while ensuring all legislative requirements are met. Further, as part of the preparation of the Housing Element update, Shannon facilitated the preparation of a detailed inventory of land within the City that is available and suitable for the development of housing, paired with program recommendations to facilitate housing development. Concurrently, Shannon oversaw the update of the City’s Safety Element, which included a detailed assessment of the hazards affecting the City, when they may occur, here the City is most vulnerable, and which communities are most impacted by hazards. City of El Cajon Housing, Safety, and Environmental Justice Elements, El Cajon, CA. Principal-In-Charge. Shannon served as principal in charge of the City of El Cajon Housing, Safety, and Environmental Justice Elements. She oversaw the project to ensure that all elements were internally consistent with each other and the City’s General Plan. The Housing Element identified appropriate sites for the additional 3,000 units needed to meet the Regional Housing Needs Assessment and provided a roadmap to implement specific objectives with funding sources and responsible agencies. Item 1P-49 XVIIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com The Safety and Environmental Justice Elements provided a succinct assessment of the natural hazards, climate change effects, and public health issues facing the City of El Cajon and also provided specific and actionable policy that addressed safety needs community wide, including policies specific to the disadvantaged communities. Highland Housing, Safety, and Environmental Justice Elements, Highland, CA. Principal-In-Charge. Shannon served as principal in charge of Highland’s Housing and Safety (including Environmental Justice) Elements and acting as project manager of the Housing Element. The Housing Element identified appropriate sites needed to meet the Regional Housing Needs Assessment. She helped to develop programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community. Shannon also oversaw the preparation of a detailed assessment of the hazards affecting the City of Highland, when they may occur, where the City of Highland is most vulnerable, and which communities are most impacted by hazards. Item 1P-50 XVIIIG.1 RESUMES OF KEY STAFF Marlie Long Managing Associate Environmental Science Associates esassoc.com Marlie Long has over 8 years of experience assisting in various project management roles and as a contributing technical author in the preparation of CEQA and NEPA documents ranging from exemptions to project- and program-level EIRs and Environmental Impact Statements (EISs) to ensure environmental compliance at the federal, state, and local levels. She has worked on interdisciplinary consultant teams for a variety of projects throughout California and the southwest. Marlie specializes in the management and preparation of programmatic analyses as a tool to help clients structure CEQA documents to allow for future streamlining and cohesion amongst projects within a jurisdiction. She also is responsible for assigning and adjusting staff resources within the internal and external teams, management-related tasks, internal review and quality control, internal and external coordination, as well as authoring and production of documents. Relevant Experience General, Master, and Specific Plan Projects City of Irwindale Update to the General Plan: Housing, Safety, and Environmental Justice Elements Focused EIR, Irwindale, CA. Project Manager. Marlie is currently managing the preparation of the Focused EIR for the City of Irwindale Update to the General Plan for updates to the Housing Element and Safety Element as well as for the creation of the new Environmental Justice Element. Marlie has been responsible for liaison with the City and the ESA’s team, including a traffic subcontractor, from the initiation of the project. ESA is preparing a scoped Initial Study and a Focused EIR to evaluate the environmental impacts of the proposed General Plan updates. City of Caron, The District at South Bay Supplemental EIR, Carson, CA. Deputy Project Manager. Marlie assisted in the management of the preparation of a Supplemental EIR and technical studies for the District at South Bay Project for the City of Carson. She also authored numerous sections of the SEIR, specifically the Project Description, Land Use and Planning, Other Environmental Considerations, and Alternatives analyses. The project consisted of an amendment to the Boulevards at South Bay Specific Plan adopted by the City (to be renamed “The District at South Bay Specific Plan”) and related improvements. Specifically, the revised project would modify or otherwise reduce the scope of the original project to ultimately consist of approximately 1,834,833 sq. ft. of regional commercial, general commercial and related uses, including outlet and entertainment uses, no more than 1,250 residential units, and 350 rooms total in two hotels. The 2006 EIR for the Boulevards at South Bay Specific Plan previously assessed proposed remediation of the project site, since the site was a former landfill site. The proposed revised project retains the phased remediation of the project site and the subsequent development of urban uses, although clarifications are provided as to how development will be proposed to take place in phases. EDUCATION BA, Environmental Studies, University of San Diego, Magna Cum Laude 8 YEARS’ EXPERIENCE PROFESSIONAL AFFILIATIONS Association of Environmental Professional (AEP) Active Member Urban Land Institute (ULI) Active Member PROFESSIONAL DEVELOPMENT NEPA Workshop Series, Association of Environmental Professional Intermediate CEQA Workshop Training, Association of Environmental Professionals Advance CEQA Workshop Training, Association of Environmental Professionals Item 1P-51 XIXG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com City of Temecula, Altair Specific Plan, Temecula, CA. Environmental Planner. Assisting the City of Temecula, Marlie served as a contributing author in the preparation of the Final EIR for the proposed Altair Specific Plan. The proposed project includes a Specific Plan, General Plan Amendment, Subdivision Maps, and Development Agreement to allow for development of up to 1,750 residential units, limited neighborhood-serving commercial, civic/institutional uses including a community-serving Nature Center, parks, and open space within a 270-acre area in the southwesterly portion of the City of Temecula, west of Old Town, located south of Ridge Park Drive and westerly of Pujol Street. In addition, the proposed project would construct the Western Bypass linking Temecula Parkway with Rancho California Road and includes offsite utility extension improvements, such as sewer and water. Specifically, Marlie assisted in preparing the Findings and the MMRP for the Final EIR. County of Madera, Castellina Specific Plan EIR, Madera County, CA. Environmental Planner. Marlie assisted with the preparation of the Program EIR for the Castellina Specific Plan as she authored various EIR sections. The Castellina Specific Plan includes the plan for the development of a master planned mixed-use community on an approximately 792- acre site in unincorporated Madera County northeast of the City of Madera. Key environmental issues included water supply, transportation, and aesthetics. City of Escondido, Escondido Country Club Specific Plan Program EIR, Escondido, CA. Peer Review. Assisting the City of Escondido, Marlie provided third-party peer review and editing of the response to comments for the Escondido Country Club Project Program EIR. The project is located in the City of Escondido and proposes to adopt a Specific Plan for the former site of the Escondido Country Club golf course. Paseo Del Sol Tiered MND City of Caron, The District at South Bay Addendum, Carson, CA. South Campus Specific Plan Amendment City of Carson, Carson2040 General Plan Update Program EIR, Carson, CA. East San Gabriel Valley Area Plan Program EI City of Redondo Beach, Housing Element Update IS/ND, Redondo Beach, CA. City of Palos Verdes, Housing Element Update IS/ND, Palos Verdes, CA Los Angeles World Airports (LAWA), Los Angeles Airport Northside Areas 1 and 2A Directors Report, City of Los Angeles, CA. Deputy Project Manager. Community Development Projects City of Long Beach, The Mosaic Project Addendum, Long Beach, CA. Project Manager. Marlie is managing the preparation of an Addendum to the Final EIR for the Downtown Plan Program EIR for the Mosaic Project. The project proposes the development of three 8-story buildings and a standalone retail pavilion on an approximately 5.5-acre site within the Downtown Plan area in the city of Long Beach. The project was evaluated under the Land Use Equivalency Program for the Downtown Plan area, which allows for the exchange of the assumed land uses evaluated in the Downtown Item 1P-52 XXG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com Plan Program EIR such that applicable regulations are satisfied. Key environmental issues included air quality, land use and planning, and noise. City of Thousand Oaks, Arroyo Villa Apartments Expansion Project IS/ND, City of Thousand Oaks, CA. Project Manager. Marlie is serving as the Project Manager for the Final Initial Study/Negative Declaration (IS/ND) for the Arroyo Villa Apartment Expansion Project, where she is assisting the City with the submittal of the final document as well as offering technical support through the public hearings process. The project includes the expansion of the existing Arroyo Villa Apartments directly adjacent to and north of the project site for the development of three two-story buildings that would consist of a total of 27 residential units, of which 4 would be affordable housing units. City of Solana Beach, 330 Cedros Solana Beach Appendix N Infill Environmental Checklist, Solana Beach, CA. Deputy Project Manager. Marlie prepared an Appendix N Infill Environmental Checklist for the City of Solana Beach to streamline the CEQA process for infill development. The proposed project consists of the redevelopment of an existing 40,937-square-foot site located in the southwest portion of the City of Solana Beach. The project proposes the demolition of an existing nursery and associated structures, and the development of a 26,137-square-foot mixed-use project. The project would include four commercial retail spaces, a restaurant, five office spaces, eight residential units, and associated parking. The project site is located within the Coastal Zone and is within the Highway 101 Specific Plan. A Class 32 Urban Infill Categorical Exemption will be used for the project CEQA document. City of Moreno Valley, Moreno Valley Logistics and Commercial Jobs Initiative, Moreno Valley, CA. Deputy Project Manager. Marlie was a contributing author of the Initiative document and also assisted in overseeing ESA staff work and other project management tasks. The Moreno Valley Logistics and Commercial Jobs Initiative was circulated to adopt a General Plan Amendment and Zone Change on the 158.4-acre Highland Fairview Corporate Park (HFCP) site to facilitate a development proposal for the currently undeveloped portion of the site. The HFCP site is currently partially developed with a 1,820,000 square foot (SF) building containing logistics warehouse and support office/commercial uses currently leased by Skechers USA. City of Los Angeles, 670 Mesquit Street Mixed-Use EIR, Los Angeles, CA. Environmental Planner. Marlie served as a contributing author in the preparation of the EIR for the 670 Mesquit Street project in the City of Los Angeles. The proposed project is a mixed-use development totaling 1,792,103 square feet of floor area and would include creative office space (approximately 944,055 square feet); 308 multi-family residential units, 16 percent of which would be affordable units; a hotel; retail (including grocery and farmer’s market); a restaurant; studio, event, gallery and potential museum space; and a gym. The project would also include at- and above-grade landscaped open space totaling 83,789 square feet, four levels of below grade parking spanning the project site, and at- and above-grade parking within Buildings 3, 4, and 5. The project would provide approximately 2,000 parking spaces and 930 bicycle parking spaces. Marlie authored the land use section of the EIR. Key environmental issues include air quality, aesthetics, cultural, and traffic. City of Burbank, Burbank Avion, Burbank, CA. Environmental Planner. Assisting the City of Burbank, Marlie was a contributing author for the Environmental Impact Report for the Burbank Avion Project. The proposed project includes the development of a mixed-use project consisting of creative offices, creative industrial, retail, and a hotel adjacent to the Hollywood Burbank Airport in the City of Burbank. City of Inglewood, Arya Hotel Project Categorical Exemption, Inglewood, CA. Project Manager. Marlie is currently managing the preparation of a categorical exemption for the Arya Hotel Project, which consists of the demolition of the Item 1P-53 XXIG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com existing buildings on the parcels and the construction and operation of a 174-room hotel and associated parking. ESA is responsible for the preparation of the air quality, cultural resources, and noise and vibration technical reports in addition to the Class 32 Categorical Exemption. City of Temecula, Cypress Ridge Project, Temecula, CA. Environmental Planner. Marlie was a contributing author in the preparation of the EIR for the proposed Cypress Ridge Project. The proposed project includes 245 residential units with associated amenities, which include a clubhouse, pool/spa, four tot lots, three picnic areas, walking trails and a dog park, as well as enhancement to Pala Community Park, which is adjacent to the property. The enhancement to Pala Community Park would be tailored to be inclusive for children with special needs. Key issues assessed within the EIR include impacts to schools within the applicable school districts and with land use consistency associated with the required General Plan Amendment. City of Burbank, Burbank Town Center Mixed-Use Project EIR, Burbank, CA. Environmental Planner. City of Burbank, Bob Hope Airport (Hollywood Burbank Airport) Replacement Terminal Project EIS, Burbank, CA. Environmental Planner. City of Carson, Prologis Dominquez Tech Center, Carson, CA. City of Carson, Carol Kimmelman Sports and Academic Campus EIR, Carson, CA. Peer Review. City of Carson, K4 Industrial IS/MND, Carson, CA. County of San Diego, Department of Parks and Recreation, Waterfront Park Addendum, San Diego, CA. County of San Diego, Department of Parks and Recreation, Heritage Park Improvement Addendum, San Diego, CA. County of San Diego, Department of Parks and Recreation, Paseo Norte Addendum, San Diego, CA. County of San Diego, Harmony Grove Village South, San Diego, CA. City of Temecula, Temecula Valley Hospital EIR Addendum, Temecula, CA. Woodspring Suites Hotel-Gold Coast Properties CA 4 RedCar, 4210 Sunset Boulevard Class 3 Categorical Exemption, City of Los Angeles, CA. Deputy Project Manager. Item 1P-54 XXIIG.1 RESUMES OF KEY STAFF Ethan Wynacht Planner I Environmental Science Associates esassoc.com Ethan Wynacht is a planner contributing to project research, analysis, and written reports. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr. Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program development experience. Relevant Experience Alameda County Environmental Justice Element. Environmental Technical Analyst. Alameda County is joining many other jurisdictions throughout California in addressing environmental justice (EJ), by preparing an Environmental Justice chapter or “element” in the County General Plan. Alameda County recognizes that there are environmental justice issues in its unincorporated communities. The impacts of environmental injustice have led to disproportionate environmental burdens being placed on low-income families and BIPOC (Black, Indigenous, and People of Color) communities. These burdens affect health outcomes, food access, safety, community opportunities, and many other integral aspects of peoples’ lives. The EJ Element is being developed through extensive community and stakeholder engagement. The element contains goals, policies, and actions that reflect the values and needs of affected communities. Ethan supported the development of said goals, policies, and actions. City of Mountain View Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. Ethan is assisting ESA’s tasks involving the robust housing sites inventory and constraints analyses. Napa County Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to EDUCATION BS, Environmental Policy Analysis & Planning, University of California, Davis, 2022 1 YEARS’ EXPERIENCE Item 1P-55 XXIIIG.1 RESUMES OF KEY STAFF Ethan Wynacht (Continued) Planner I Environmental Science Associates esassoc.com accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Ethan is assisting with the sites inventory analysis and response to HCD comments. City of Irwindale, Irwindale Housing Element and General Plan Update, Irwindale, CA. Environmental Technical Analyst. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. Ethan is assisting with the preparation of the Safety and Environmental Justice elements of the General Plan update. The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community of Irwindale. Ethan is evaluating community characteristics, drafting sections, and developing goals, policies, and actions for the Safety and Environmental Justice elements. Santa Barbara County Housing Element 2023-2031. Environmental Technical Analyst. ESA is providing technical support to the County of Santa Barbara as they prepare their 6th cycle housing element. Ethan is conducting comprehensive reviews of the housing element sections and evaluating the draft for HCD compliance. Prior to ESA University of California, Davis, Dr. Gwen Arnold, Davis, California. Researcher. Prior to ESA, Ethan conducted independent data collection for a research project that analyzed the impacts of fracking “boom bust cycles” on communities in the North Eastern United States. University of California, Davis, Undergraduate Admissions, Davis, California. Committee Lead. Prior to ESA, Ethan led the programming committee within the UC Davis Transfer Opportunity Program. He contributed to strategic efforts to reach and support underrepresented community college students by presenting at student support events with over 100 participants, coordinating and managing a team of student outreach ambassadors, and spearheading outreach tasks, including student mentorship, media development, and resource compilation. MANRRS at UC Davis, Davis, California. Publicity Coordinator & Board Member. Prior to ESA, Ethan collaborated with a diverse team to lead and organize operations for the UC Davis Multiculturalism in Agriculture, Natural Resources, and Related Sciences program. He managed social media accounts with over 1,200 followers, coordinated with industry sponsors, and developed a weekly newsletter for over 700 recipients. Ethan won the MANRRS Regional Cluster Impromptu Speech contest and went on to compete at the national level. The Putah Creek Council, Environmental Stewardship, Winters, California. Restoration Technician Intern. Ethan completed fieldwork alongside experienced technicians in riparian ecosystems throughout Yolo County; he gained experience with species identification, plug planting, hedgerow management, trail maintenance, irrigation, invasive plant removal, and other restoration techniques. Item 1P-56 XXIVG.1 RESUMES OF KEY STAFF CCUURRRRIICCUULLUUMM VVIITTAAEE Takako Tajima EEDDUUCCAATTIIOONN 2001 - 05 HARVARD UNIVERSITY Master of Landscape Architecture / Master of Urban Planning 1994 – 99 CARNEGIE MELLON UNIVERSITY Bachelor of Architecture PPRROOFFEESSSSIIOONNAALL RREEGGIISSTTRRAATTIIOONN Architecture: CA State License No. C 39622 Landscape Architecture: CA State License No. 6505 PPRROOFFEESSSSIIOONNAALL AAFFFFIILLIIAATTIIOONN American Institute of Architects (AIA) National Council of Architectural Registration Boards (NCARB) American Society of Landscape Architects (ASLA) Urban Land Institute (ULI) WWOORRKK EEXXPPEERRIIEENNCCEE 2012 – Present TAJIMA OPEN DESIGN OFFICE / Huntington Beach, CA Principal 2009 – 11 BUREAU E.A.S.T. / Los Angeles Principal 2007 – 09 URBAN STUDIO / Los Angeles, CA Senior Designer 2006 - 07 SWA GROUP / Los Angeles, CA Designer 2006 MIA LEHRER ASSOCIATES / Los Angeles, CA Designer 2005 REISEN DESIGN ASSOCIATES / Cambridge, MA Intern Landscape Architect 2003 REED HILDERBRAND ASSOCIATES / Watertown, MA Intern Landscape Architect 1999 - 01 DAVIS + GANNON ARCHITECTURE / Pittsburgh, PA Intern Architect 1997 CELENTO DESIGN / Pittsburgh, PA Intern Architect AACCAADDEEMMIICC EEXXPPEERRIIEENNCCEE 2013 - Present UNIVERSITY OF SOUTHERN CALIFORNIA Adjunct Assistant Professor 2010 / FALL CARNEGIE MELLON UNIVERSITY Adjunct Faculty 2010 / SPRING WOODBURY UNIVERSITY Adjunct Faculty 2006 - 07 OTIS COLLEGE OF ART AND DESIGN Adjunct Faculty Item 1P-57 XXVG.2 PROJECT EXAMPLE SHEETS EL SEGUNDO, CASB9 UNIT STUDY AND DESIGN RECOMMENDATIONS In order to address community concerns that new lot split legislation (California SB9) would negatively impact the character of existing residential neighbor- hoods, the City of El Segundo asked JKA to analyze the built-form character of El Segundo’s existing single-family neighborhoods and prepare text amend- ments to the existing Zoning Code on an accelerated schedule. The objective was to establish a best fit between the scale and character of the existing architecture that nevertheless honors the new State requirements that provide for increased density. JKA began their work with an analysis of both the new legislation and the existing character and scale of single-family housing areas that resulted in the documentation of repeating built-form patterns. Presented to the Planning Commission after three weeks, JKA proposed the development of quantifiable standards within the context of R1 zoning that recognized the existing building types through new measurable standards that in turn fell within the allowances provided in State legislation. With Planning Commission approval of the approach and direction from City Staff, JKA prepared illustrated standards for lot splits that addressed site access, setbacks, floor area ratios, area definitions, and roof forms, all formed to relate new construction to existing residences. After two additional meetings with Planning Commission and City Council, JKA incorporated their recommendations. At the final City Council meeting, an ordinance for new lot split standards was adopted approximately ten weeks after Project initiation. DELIVERABLE Zone Text Amendments: Section 15-4G-3 Section 15-4G-4 Section 15-4G-5 CLIENT City of El Segundo YEAR 2021–2022 KEY SERVICES SB9 Unit Study Design Recommendations Zone Text Amendments PROJECT STATUS Adopted March 2022 JKA and City Staff provided a summary of the Project and its objectives to the El Segundo Planning Commission to solicit decision-maker feedback. G.2 PROJECT EXAMPLE SHEETS Item 1P-58 XXVIG.2 PROJECT EXAMPLE SHEETS PALMDALE, CAMULTI-FAMILY AND MIXED-USE DESIGN STANDARDS The City of Palmdale asked JKA to create multi-family and mixed-use objective design standards that address Palmdale’s high desert setting. Through obser- vation and two public outreach meetings, JKA developed measurable criteria that residents, project applicants, and City Staff alike can utilize to facilitate a commonly understood and consistent project design approval process. JKA’s standards also provide a means to measure community expectations for design quality for new multi-family and mixed-use projects. Key design factors embedded in the standards include proper orientation of buildings to public sidewalks to enhance walkability, maximum plan diagonals to ensure a sense of human scale and open space between structures, and required building façade breaks to further relate larger buildings to smaller existing structures. Based upon Staff requests to address local color, a range of neutral earth tones are recommended that blend with the natural hues of the surrounding environment. The final standards were adopted by City Council in August 2022. CLIENT City of Palmdale YEAR 2020–2022 KEY SERVICES Design Standards Community Engagement PROJECT STATUS Adopted August 2022 SUBCONSULTANTS HR&A Advisors JKA created a checklist for the City of Palmdale of quantifiable and measurable criteria that applicants can follow to streamline the project approval process. City of Palmdale Multi-Family Design Standards Compliance Checklist | *1 Multi-Family Design Standards Compliance Checklist City of Palmdale Instructions The design standards assist project applicants and designers to achieve the multi-family design objectives. As a project is designed, applicants and designers must utilize the standards outlined in Chapter 5 of the City of Palmdale Multi-Family and Mixed-Use Design Standards, as well as the Multi-Family Design Standards Compliance Checklist on the following pages, to determine compliance in advance of submittal and formal review for compliance by the City. Applicants must fill out the sections on the following pages and mark “compliance” or “not applicable (N/A)” as appropriate. In cases where an explanation is required, describe how, and to what extent, the multi-family project complies with the design standard. If the applicant requires additional space for any explanation and/or chooses to illustrate compliance with a design standard, attachments may be submitted along with this form. Once the form is completed, it must be submitted to the City along with the application submittal package and the City will fill out the sections designated “City use only” in their review upon the applicant’s submission of this checklist and other application materials. Project Information Applicant: Design Firm/Engineer/Architect: Assessor’s Parcel Number (APN)/Address: General Plan/Zoning Designation: Proposed Project: Date Prepared: Reviewed by: Date: City Comments (optional): YES NO Overall Compliance Finding: CITY USE ONLY City of Palmdale Multi-Family Design Standards Compliance Checklist | *2 Multi-Family Site Design New multi-family projects shall meet all of the below site design standards. Multi-Family Building Breaks New multi-family projects shall meet all of the below building break standards. DESIGN STANDARD N/A COMPLIANCE N/A COMPLIANCE Overlook existing and/or new streets, sidewalks, and/or public rights-of-way (See Section 5.1.1). One streetlight per 60 feet, bottom of lamp height maximum 15 feet (See Section 5.1.2). One on-site shade tree per 40 feet of public streets, sidewalks, and/or rights-of way or the same number of shade trees clustered on site (See Section 5.1.3). One entry door for each 150 feet of building wall (See Section 5.1.4). Entry directly connects to sidewalks by on-site sidewalks, pathways no greater than 300 feet from public sidewalk (See Section 5.1.5). Maximum building frontage of 425 feet without building breaks, maximum plan diagonal 450 feet (See Section 5.1.6). DESIGN STANDARD N/A COMPLIANCE N/A COMPLIANCE Minimum 30 feet open-to-the-sky separation between structures when project includes more than one building (See Section 5.2.1). Minimum 30 feet open-to-the-sky building break or alternative allowed by the Director or his/her/their designee for buildings greater than 425 feet in length (See Section 5.2.2). CITY USE ONLY CITY USE ONLY CITY USE ONLY ADDITIONAL APPLICANT COMMENTS (OPTIONAL)ADDITIONAL CITY COMMENTS (OPTIONAL) CITY USE ONLY ADDITIONAL APPLICANT COMMENTS (OPTIONAL)ADDITIONAL CITY COMMENTS (OPTIONAL) Item 1P-59 XXVIIG.2 PROJECT EXAMPLE SHEETS DOWNEY, CASINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS Single-family homeowners expressed concern to the Downey City Council that additions within their 1950s through 1970s neighborhoods were out of charac- ter with existing development. They lobbied the Council for design parameters to address large parcels that were being inconsistently subdivided, and expressed the need for second-story standards in single-story subdivisions and control of mega-mansions. They also demanded alternatives for private subdivision roads that would incorporate sidewalks and street trees. The City retained JKA to develop a consensus approach to these issues. Through public workshops facilitated by JKA, standards for density and additions were modeled. New subdivision parameters ensured that private roads matched City streetscape standards. New design standards provided for second-story massing, acknowledging prevailing single-story frontages. Measurable design guidelines were developed to address neighborhood character. The latter are presented through an educational guidebook promot- ing architectural fit. The adopted guidelines provide a resource for City Staff and applicants and include checklists and compliance procedures that facilitate the approval of projects in this City’s single-family neighborhoods. APA LA AWARD RECIPIENT: 2022 Urban Design Award of Merit This housing diagram highlights the ability of new single-family zone amendments and design guidelines to reduce building bulk and relate new construction and second floor additions to prevailing conditions in the City of Downey. CLIENT City of Downey YEAR 2018–2021 KEY SERVICES Design Guidelines Design Standards Community Engagement Public Workshop Facilitation Zoning Amendments PROJECT STATUS Adopted May 2021 Item 1P-60 XXVIII DELIVERABLE Community Character & Design Element Design Guidelines CLIENT The Los Angeles County Department of Regional Planning YEAR 2021–2023 KEY SERVICES (ESA) Land Use Planning Environmental Analysis KEY SERVICES (JKA) Urban Design PROJECT STATUS Completed 2023 EAST SAN GABRIEL VALLEY, CAAREA PLAN COMPONENTS AND DESIGN GUIDELINES The East San Gabriel Valley Area Plan (ESGVAP) is a regional planning docu- ment that guides development, manages growth, and improves the quality of life in the ESGV area of Los Angeles County. ESA and JKA partnered in this effort to prepare a land use element, community character and design element, and individual community chapters for each of the 24 unincorporated commu- nities the document addresses. Recommendations included targeting growth within a half mile of designated high-quality transit areas and major transit and commercial/employment centers, establishing neighborhood greenways to link pedestrians and bicyclists to transit and key destinations, strengthening amenities and resources in underserved locations, and preserving sensitive resource areas, high-fire hazard zones, equestrian districts, agricultural lands, sleep slope areas, and areas with limited access. The objective design standards and guidelines focused on shaping the community’s physical and cultural environments, forming an identity and sense of place, and providing measur- able and quantifiable design guidelines that help ensure the fit between existing and new developments. G.2 PROJECT EXAMPLE SHEETS These Residential Types Transects compile imagery of high-quality residential architecture to show a range of low to medium housing intensities that are realistic for the future of ESGV unincorporated communities. Item 1P-61 XXIX LONG BEACH, CABOEING C-17 GLOBEMASTER TRANSITION PLAN *Shannon Wages experience at Dudek prior to joining ESA CLIENT Dudek for the City of Long Beach Department of Development Services, Planning Bureau YEAR 2016–2018 KEY SERVICES (SHANNON WAGES) Land Use/Mobility Planning Community Outreach KEY SERVICES (JKA) GIS Mapping & Spatial Analysis Development Standards Urban Design Guidelines PROJECT STATUS Final Draft in Progress Shannon Wages of ESA served as Project Manager and John Kaliski of JKA served as Lead Urban Designer for preparation of a specific plan for an area along the Cherry Avenue Corridor and encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The Globemaster Corridor Specific Plan (GCSP) includes a vision, goals, and policies; an integrated land use and mobility plan with a complete streets network; objective development standards and design guidelines; and an implementation program to achieve a 21st century employment district. ESA and JKA facilitated four workshops to present the GCSP’s components at each milestone, with each workshop drawing members of the business community, city residents living in and outside the specific plan area, and property owners. Community comments were incorporated into the plan at each stage, ensuring that it reflects the vision of the community to attract and optimize new work opportunities and become a flexible, commercial, industrial, mixed-use district with improved pedestrian, bicycle, and transit mobility; open space and amenities; and enhanced design and functionality for the workforce environment. G.2 PROJECT EXAMPLE SHEETS Urban design vision and planning framework parameters for the transition of a major manufacturing facility. Item 1P-62 XXXG.2 PROJECT EXAMPLE SHEETS CLIENT John Kaliski Architects for the City of Culver City YEAR 2022–Ongoing KEY SERVICES Landscape Architecture PROJECT STATUS Under Construction Tajima Open Design Office currently serves as the landscape architect on a transitional housing project with John Kaliski Architects involving the conver- sion of two motels into 73 units of transitional and permanent housing for those experiencing homelessness. TODO cultivated the exterior site by selecting materials, plants and deciding how the space would be inhabited. Parking dominated the interior courtyards of both sites in their former lives as motels. With parking requirements no longer the preeminent program, the courtyards could be dedicated to people. The planting design for both properties were conceptualized to be shady and lush but highly drought tolerant during the summer and sunny and bright during the winter. A mix of California native and adapted plants provide a vibrant backdrop to shade providing flowering deciduous trees. The plants were chosen based on the City of Los Angeles criteria and are drought resistant and native to the area. Elements like tables, benches, and bike racks were added to create a common place and sense of community. CULVER CITY, CACULVER CITY PROJECT HOMEKEY Item 1P-63 XXXI Visible from the Los Angeles International Airport, the property was acquired initially to store and display a collection of vintage European sportscars. The space eventually came to marry the unlikely combination of garage and offices for an investment company and a travel agency. Before TODO began work, the site was half building and half asphalt. To create a more seamless relationship between building and landscape for the site, a portion of the building was reappropriated as garden space—opening up the ceiling to the sky and creating private viewing gardens for the offices within. The planting design transitions from dry to humid, with cacti along the outer edge and tropical “jungle” plants closer to the building. The core planting area was envisioned as a mosaic of aeoniums, echeverias, kalanchoes, and sedum to provide a variety of colors and textures throughout the year. Landscaping also addressed significant LID requirements to capture and retain water from the building’s 8,000 sqft roof. CLIENT DOM Food Group YEAR 2017–2018 KEY SERVICES Landscape Architecture PROJECT STATUS Complete EL SEGUNDO, CAIMPERIAL OFFICES G.2 PROJECT EXAMPLE SHEETS Item 1P-64 XXXIIG.3 DISCLOSURES 1. 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 corpora- tion, 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. o Please confirm ______________________________ ______________________________ John Kaliski, President, JKA Lorraine Wild, Secretary, JKA 2. Type of Business o C Corporation (if corporation, two signatures are required) o S Corporation (if corporation, two signatures are required) o Limited Liability C Corporation (if corporation, two signatures are required) o Partnership o Limited Liability Partnership o Sole Proprietor/Individual o Other G.3 DISCLOSURES X X Item 1P-65 XXXIIIG.3 DISCLOSURES 3. Litigation In response to the RFP question regarding providing 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, below are descriptions of any claims: Date Complaint Filed: August 29, 2022 Project Name: 812 West 164th Role of Proposer: Architect Parties Involved: Plaintiff: John Kaliski Architects, Inc. Defendant: Fed F. Ghalchi Nature of the Litigation: JKA processed a claim in Small Claims Court against the Defendant for non-pay- ment of services/invoices. Status of Case: Fully-executed settlement agreement; dismissal of court case Summary of Resolution: John Kaliski Architects, Inc. and Fred F. Ghalchi entered a Settlement Agreement and Release with an effective date of October 24, 2022. Ghalchi paid JKA a total of three thousand dollars ($3,000). Date Complaint Filed: October 24, 2019 Project Name: 1037 Fourth Avenue Role of Proposer: Architect Parties Involved: Plaintiff: Davidovich & Associates, Inc. Defendant: John Kaliski Architects, Inc. Nature of the Litigation: At the request of JKA’s Client, Davidovich & Associates, Inc.—JKA’s MEP subconsultant for the Project—was terminated for cause for failure to meet project schedules and not providing a professional standard of care. Davidovich & Associates processed a claim against JKA for non-payment of fees for work that JKA never received. Status of Case: Fully-executed settlement agreement; dismissal of court case Summary of Resolution: Davidovich & Associates, Inc. and John Kaliski Architects, Inc. entered a Settlement Agreement and Release with an effective date of March 7, 2022. JKA paid Davidovich a total of twenty-five thousand dollars ($25,000) in increments as follows: (1) an initial payment of five thousand dollars ($5,000) (paid 4/25/2022) and one thousand dollars ($1,000) each month for 20 consecutive months, beginning 30 calendar days after the Initial Payment is due. 4. Changes to Agreement Not applicable (N/A). If awarded this Project, JKA will enter into a Professional Services Agreement with the City of Palm Desert based upon the contents of the Request for Proposal No. 2023-RFP-185 and JKA’s proposal. JKA has reviewed the City’s Request for Proposal No. 2023-RFP-185 and sample Professional Services Agreement and has no objections to and/or requested changes to the standard contract language in the City standard professional services agreement contract. Item 1P-66 XXXIVG.3 DISCLOSURES X 5. No Deviations from the RFP Not applicable (N/A). In submitting a proposal in response to this RFP, JKA is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. 6. List the Signatory(s) Authorized to Sign and Bind an Agreement Signatory #1 Full Name: John Kalsiki Title: President Business Address: 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 Email Address: jkaliski@jka-la.com Phone Number: (213) 383-7980 Signatory #2 Full Name: Lorraine Wild Title: Secretary Business Address: 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 Email Address: admin@jka-la.com Phone Number: (213) 383-7980 7. 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. o Please confirm ______________________________ ______________________________ John Kaliski, President, JKA Lorraine Wild, Secretary, JKA Item 1P-67 JOHN KALISKI ARCHITECTS 3780 Wilshire Boulevard, Suite 500 Los Angeles, CA 90010 (213) 383.7980 ph | www.jka-la.com John Kaliski, FAIA C17945 Item 1P-68 Contract No.____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“City”) and John Kaliski Architects, a California Corporation, with its principal place of business at 3780 Wilshire Boulevard, Suite 500, Los Angeles, CA 90010 ("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: Residential and Mixed-Use Objective Design Standards (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. Additionally, Consultant shall follow any applicable provisions of the California Department of Housing and Community Development grant agreement, City of Palm Desert 20-LEAP-15972, as required for compliance with the terms of the Local Early Action Planning (LEAP) Grant, “Third-Party Contracts, “of said agreement as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“LEAP Requirements”). With respect to any conflict between such LEAP Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 3.1.2 Term. The term of this Agreement shall be from April 28, 2023 to September 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. Item 1P-69 Contract No.____________ 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: John Kaliski, President and Amee Bhatt, Project Manager. 3.2.5 City's Representative. The City hereby designates Richard D. Cannone, Development Services Director, 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 John Kaliski, 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 Item 1P-70 Contract No.____________ Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. 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 Item 1P-71 Contract No.____________ performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, 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. 3.2.10.4 Private Development - Vendor and any sub-consultants shall be prohibited from representing any private development interests in the city for the term of this contract and one year at the termination of this contract. 3.2.10.5 Conflicts of Interest. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, that would conflict in any manner with the interests of CITY or that would in any way hinder CONTRACTOR’s performance of Services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of CITY. CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY at all times during the performance of this Agreement. Item 1P-72 Contract No.____________ 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificat e 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; Item 1P-73 Contract No.____________ (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. Reserved (G) Cyber Liability Insurance. Reserved 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 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. Item 1P-74 Contract No.____________ (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim 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 Item 1P-75 Contract No.____________ requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of 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 one-hundred and fifty thousand dollars ($150,000) 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 Item 1P-76 Contract No.____________ and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing 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 Item 1P-77 Contract No.____________ shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance 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. Item 1P-78 Contract No.____________ 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: John Kaliski Architects 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 ATTN: John Kaliski, President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Richard D. Cannone, Development Services Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a 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 Item 1P-79 Contract No.____________ no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 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 Item 1P-80 Contract No.____________ 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. 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. Item 1P-81 Contract No.____________ 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Item 1P-82 Contract No.____________ 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 1P-83 Contract No.____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND JOHN KALISKI ARCHITECTS 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 Meija City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney JOHN KALISKI ARCHITECTS By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1P-84 Scope of Services 1.Introduction The City of Palm Desert (City) is requesting proposals from firms with the experience and skillset necessary to prepare objective design standards for multifamily and mixed-use housing projects that respect and further the architectural character for which Palm Desert is known. The project will include two components: 1. The development of detailed objective standards for all types of residential development that meet the State’s criteria for objective standards; and, 2. Zoning amendments and related environmental analysis, if required, to ensure General Plan/zoning consistency for parcels in the city that are zoned for residential uses but have underlying General Plan designations that allow for higher densities.2.Project Objectives The City seeks to adopt Objective Design Standards that would: • Be in compliance with State law • Streamline project review and permitting • Bring consistency and clarity to project review and permitting • Be verifiable and measurable •Ensure consistent application of standards for multi-family and residential mixed-use development projects • Facilitate context-appropriate, high-quality design • Update current regulations to clearly lay out objective standards that reflect the community’s vision • Implement policies of the Palm Desert 2040 General Plan • Balance property rights of individual single-family homeowners with the community’s desire to maintain the scale of the existing residential neighborhoods • Reflect the City’s desire to maintain high design standards throughout the community EXHIBIT A Item 1P-85 • Improve compatibility between new development and surrounding neighborhoods • Preserve the best qualities of the downtown, Hwy 111 and El Paseo • Prevent a new layer of governmental constraints on the production of housing • Maintain residential density standards while improving current massing guidelines to better fit projects into the neighborhood • Include clear development standards, specifications, performance approaches, graphic illustrations, and representations • Incorporate an easy to read and understandable format with supporting design graphics 3.Project Schedule To meet grant-established deadlines, this effort will need to conclude by September 30, 2023. However, there is flexibility with the timeline of individual tasks. City staff are currently working within the following anticipated schedule. However, the consultant may propose an alternative timeline. 4.Project Scope The City of Palm Desert (City) is issuing this Request for Proposals (RFP) to retain the services of a consultant firm with demonstrated experience preparing Objective Design Standards (ODS) for multifamily and mixed-use residential projects. The ODS criteria is to respect and further the architectural character for which Palm Desert is known. 1. Project Management and Coordination EXHIBIT A Item 1P-86 This task is applicable throughout the project and covers communication and coordination between the consultant, any sub-consultants, and City staff. The task shall include meetings, phone conferences, email exchanges, and other communications to ensure timely delivery of the tasks listed below. The proposal should identify the number of meetings anticipated and expectations for City staff. Strategies or practices to ensure clear and timely communication and effective project coordination should be described. • Kick-off Meeting. Following the initial review of existing data, meet with City staff, in person to establish a mutual understanding of the key issues, discuss expectations, and lay out project milestones, meeting times, public workshops, and deliverables. • City Tour. Conduct an in-person city tour, to gain additional insight related to community character and recent development projects. • Ongoing meetings with the Director of Development Services, Deputy Director of Development Services, Principal Planner, and as needed. • Internal Consistency. It is essential that the consultant ensure consistency and cohesion among all tasks listed below and identifies if modifications in one task will have cascading implications and issues for other tasks. 2. Data Gathering and Document Research and Review The Consultant will conduct background research to gain an understanding of community priorities, the City’s current residential development standards, and existing General Plan and Zoning discrepancies for parcels in Palm Desert. • Document Review. Conduct a technical review and analysis the City’s existing policy documents, development standards and regulations, and permit procedures, including the City’s General Plan and Palm Desert Municipal Code Zoning and Subdivision Ordinance. • Review Existing Ordinance, Site Analysis and Best Practices. The consultant is expected to review the relevant sections of the Zoning and Subdivision Ordinance and become familiar with the physical form of specific areas of the City. This may include conducting site visits with staff to review patterns and scales of existing development and assess the quality, scale and placement of new structures recently approved. City staff will provide consultants with data regarding the size, placement, height of new residential structures that have been approved by the City, as well as any other data readily EXHIBIT A Item 1P-87 available that would be useful during the evaluation phase. The consultant will draw on the best practices of surrounding cities as part of the analysis. • Current Project Review. Review representative sets of project plans under review, including those that have been controversial and/or appealed, as well as recently approved for multi-family development and mixed use to understand how development standards are currently being interpreted and applied during the present permit review process. In addition, public comments from relevant Architectural Review Commission (ARC) and Planning Commission meeting minutes/videos will help highlight key concerns and sentiment from the public and decision makers. This task would also require meeting with the Principal Planner to discuss challenges and opportunities. • Site Analysis. Identify areas with a potential for multi-family and mixed-use residential development and document key physical characteristics of the existing surrounding community and neighborhoods. The site analysis will serve as a visual inventory of the City in order to provide detailed information to develop appropriate City-specific objective standards. This effort will also help guide and focus the study while also enabling the project team, City staff, decision makers, and the public to better understand where such development is more likely to occur. • A General Plan/Zoning Discrepancy Memo should identify parcels within the city that are zoned for residential uses but have a General Plan designation that allow or require higher densities. The memo should also include analysis of the implications of SB 9 and any other recent State legislation on these parcels, and specifically whether this recent legislation eliminates any of the existing discrepancies in allowable density. • A Vision Statement will be developed for the Objective Design Standards portion of the project that fine tunes the project’s goals and objectives, as identified through initial outreach to decision makers, stakeholders, community members, and staff. Deliverables: • General Plan/Zoning Discrepancy Memo • Vision Statement • Residential Objective Standards Background Report 3. Develop & Execute Public Outreach Strategy EXHIBIT A Item 1P-88 The consultant’s proposal shall include a list of activities and outreach methods that could be used to engage the entire community and should include early and deep engagement with community groups to determine the best methods of outreach. In your proposal, provide options for virtual as well as in person meetings. The proposal should include an estimated cost to carry out each of the outreach strategies. Stakeholders should include but not be limited to, communities that have limited or no access to technology, homeowners, renters, housing advocates, developers, architects, and community members who are hard to reach and/or do not typically participate in City processes. Special attention shall be given to communicating information clearly and succinctly and in multiple languages, as necessary, so that it is accessible and easy to understand. Outreach activities should include but not be limited to: • Community Engagement and Outreach Plan. Prepare an Outreach Plan that identifies all public outreach activities for the project. The program must have the flexibility to allow redirection and variations where needed. • Phases of Outreach. Three sets of specific outreach phases are envisioned to be held at key stages during the planning process to provide opportunities for public education and informal comment on choices being considered, including: • Project Introduction and Issue Identification. Outreach events associated with this stage of the project will introduce the project objectives and highlight the key issues to be considered. This event will include photographs, graphics, and examples of how other communities may have resolved similar issues. Initial impressions and findings will be shared, and the community’s issues and concerns will be heard and documented. • Public Review Draft Standards. This set of outreach events will allow the project team to present the draft standards and get additional public feedback. Study sessions with the Planning Commission and ARC may be warranted. City staff will identify and reserve meeting locations and logistics. • Public Hearing Draft Standards. Outreach events associated with this stage of the project will allow the project team to present and get feedback on the draft design standards that will be considered by the Planning Commission and City Council through the formal hearing process for review, recommendation, and adoption. The consultant will assist staff with formal presentations to the City’s ARC, Planning Commission and City Council. Consultants should be prepared to attend two EXHIBIT A Item 1P-89 meetings of the ARC and Planning Commission (each respectively) and two meetings of the City Council. • Outreach Events. The consultant shall identify best practices or methods for obtaining community input as well as presentation of material in various settings. • One-on-one and small group discussions with stakeholders, including, but not limited to, the Residential Design Review Committee, affordable housing developers, and local designers and architects, conducted in person or using a video conferencing platform. A series of small group meetings can be held early in the process to discover the most critical issues for the City and what the project should focus on to ensure success. A series of meetings may also be held later in the project to get additional feedback on standards as they are being developed and provide a sounding board for draft design standards. • Online workshops using tools such as breakout rooms, chat, visual notetaking, webinars, and online voting to make the workshops interactive. • In-person workshops using a variety of tools to make the workshops interactive or open house forums, where community members can view materials and interact with City staff and consultants. • Visualization Materials. Informative graphics and illustrations will be provided to enable participants to visualize information and effect of various approaches. • Outreach Materials. Consultant may be called upon to create public outreach materials or content for official City newsletters, and material that can be posted on a variety of social media outlets utilized by the City, such as Facebook, Twitter, and Next Door. • The consultant will provide information that can be posted onto the City’s website. As staff deems appropriate, the consultant will provide materials including text, photographs, maps, renderings, and other images for the website. • Interactive outreach efforts such as surveys, mapping exercises, real time or virtual voting & ranking exercises, and others. • Attendance at minimum of two (2) Community Meetings, Interactive Workshops, Stakeholder Meetings, or equivalent amount of work toward community engagement. City staff is open to suggestions for innovative and informal opportunities for engaging with the community outside of a standard “community meeting” forum. EXHIBIT A Item 1P-90 • Attendance at four (4) Study Sessions with Committees, Commissions, and/or Council, including a kickoff Joint Session with the Planning Commission and City Council (Provide separate cost estimates for virtual and in person attendance). • Attendance at one public meeting with the ARC, and two final adoption public hearings with the Planning Commission and City Council (Provide separate cost estimates for virtual and in person). Deliverables: • Community Engagement and Outreach Plan • Outreach materials • Public Review/Public Hearing Drafts • Attendance and presentation at two community meetings, four study sessions, and three public hearings, as specified above • PowerPoint Presentations and visual materials, as needed. • Meeting notes 4. Technical Report with Options and Recommendations Based on the background research prepared in the previous task, the consultant team shall prepare a Technical Report that explores potential updates for zoning consistency and options and recommendations for new or revised objective standards for residential development. A Zoning Consistency Recommendations Memo would introduce different approaches to bringing the City’s residential zoned properties into compliance with the range of densities provided in the General Plan land use designations. This may include a rezoning of these properties, creation of one or more zoning overlays, or other strategies. The memo should state which, if any, of the proposed approaches would require environmental analysis. Given that any zoning changes would be in conformance with the underlying General Plan land use designations, the City staff will conduct the necessary CEQA compliance process, which is anticipated to be a Notice of Exemption. An Objective Design Standards Technical Report should introduce various options for objective standards that the City may want to adopt. The report should analyze tradeoffs in selecting different options, including the potential impacts to different stakeholders and community members, the feasibility and/or potential economic impacts, and impacts to overall design aesthetic and diversity. EXHIBIT A Item 1P-91 To help demonstrate the tradeoffs of different options, the report should include a Prototype Analysis that illustrates how changes in key development standards (such as parking, massing, setbacks, and articulation) would result in different building prototypes for four (4) residentially zoned sites in the city. The City will work with the consultant to select sites for the Prototype Analysis that will include a range of residential and mixed-use development types. Deliverables: • Zoning Consistency Recommendations Memo • Objective Design Standards Technical Report 5. Draft Objective Design Standards and Zoning Consistency Updates Based on feedback received on the Zoning Consistency Recommendations Memo and Objective Design Standards Technical Report from decision-makers, stakeholders, and the community, the consultant shall prepare a draft of the zoning updates and illustrated Objective Design Standards for multi-family and mixed-use development. The Design Standards will reflect the variety of building types (e.g., garden apartments, courtyard bungalows, townhome, multi-story apartment building) and architectural styles appropriate in Palm Desert and address topics such as site planning, building massing, building frontages, entrances, exterior materials, landscaping, outdoor lighting, mechanical equipment, screening, parking structures, and surface parking design, among others. Both documents shall indicate the specific location where the proposed changes will occur in the City’s adopted Ordinances, Codes, and Plans. The Draft Objective Residential Standards shall further include high-quality graphics and diagrams to clearly illustrate standards, as necessary. In addition to design objectives identified through the community engagement, the consultant must implement and expand upon the following design standards for City Council consideration: • Buffer Zones: For multi-family developments adjacent to existing single-family neighborhoods and vehicular corridors. The consultant team to evaluate current transitional standards and assess whether and how these might be strengthened to meet community and city objectives. • Building articulation refers to three-dimensional changes in the outside walls of a building, including projections and overhangs like decks or bay windows, voids provided by recessed entryways or walkways, or step-backs of second or third stories from lower stories. • Massing composition, including horizontal and vertical façade orientation, and four-sided design treatments EXHIBIT A Item 1P-92 • Building materials – High quality, innovative building materials • Landscaping requirements including objective landscape screening, including ground mounted a/c units and above ground utility equipment standards for buffering between different uses and building scales and provide green neighborhoods • Location and configuration of parking • Relationship with neighboring structures as well as sidewalks and streets in the public right-of-way, including building setbacks, articulation, location of parking, and other design elements For this project, the City will require the consultant to prepare all necessary CEQA documents and supporting analysis. The consultant should include a separate line item for completion of this work, which will be completed by the consultant. Optional Service: The City may require that the consultant prepare ODS for two story residences, additions, Accessory Dwelling Units and (ADUs) and Junior Accessory Dwelling Units (JADUs) which consider scale and privacy impacts on adjacent residential uses. Deliverables: • Draft Zoning Updates for Zoning/General Plan Consistency. • Draft Objective Design Standards and Graphics as specified above. • Environmental review documents as required by the California Environmental Quality Act (CEQA). 6. Final Documents Based on feedback on the draft documents from decision-makers, stakeholders, and community members, final versions of the Zoning Updates and Objective Design Standards with Graphics shall be prepared for final consideration by the Architectural Review Commission, Planning Commission, and City Council. The draft standards will consist of objective design standards applicable to multi-family/residential mixed-use development and standards applicable to specific typologies based on development types (such as garden apartment, townhome, apartment building, etc.), design type, lot size and configuration, or other organizing principle. It is anticipated that at least four typologies may be identified. EXHIBIT A Item 1P-93 The project team will test the standards on prototypical sites to ensure the standards enable the intended development. Images and exhibits representing a suggested design topic or standard, many which will contain text callouts helping to illustrate the design intent, will be prepared. As needed and directed by staff, prepare graphic illustrations to augment written design standards. New or improved graphics will correlate to the standards found in the City’s Zoning Ordinance. Deliverables: • Public Review Draft. Review staff comments on the administrative draft standards and prepare the Public Review Draft Design Standards. • Public Hearing Draft. Based on comments received on the Public Review Draft, prepare Public Hearing Draft Design Standards for consideration through the formal review and adoption process. • Final Zoning Updates for Zoning/General Plan Consistency. • Final Objective Design Standards with Graphics • Executive Summary of the changes to be incorporated into the staff report. It is expected that the Consultant will provide data, graphics, and other support as needed. • Power Point Presentation(s) for public hearings. • All draft and final documents to be provided in Word, or an alternative agreed upon format. • Attendance at public hearings. EXHIBIT A Item 1P-94 Submitted By: LEGAL NAME John Kaliski Architects, Inc. ADDRESS 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 PHONE NUMBER (213) 383-7980 YEAR ESTABLISHED 2000 TYPE OF ORGANIZATION S-Corporation, California DATE SUBMITTED 3/22/2023 PROPOSAL: RESIDENTIAL AND MIXED-USE OBJECTIVE DESIGN STANDARDS RFP NO. 2023-RFP-185 Attn: Richard Cannone, Director Attn: Richard Trupiano, Buyer City of Palm Desert Development Services Department 73-510 Fred Waring Drive Palm Desert, CA 92260 with Item 1P-95 2 JOHN KALISKI ARCHITECTS 3780 Wilshire Boulevard, Suite 500 Los Angeles, CA 90010 (213) 383.7980 ph | www.jka-la.com John Kaliski, FAIA C17945 John Kaliski, FAIA, NCARB President, Managing Principal (213) 383-7980 extension 102 jkaliski@jka-la.com 22 March 2023 City of Palm Desert Development Services Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Richard Cannone, Director Attn: Richard Trupiano, Buyer Re: JKA Proposal for Residential and Mixed-Use Objective Design Standards (RFP No.2023-RFP-185) Dear Mr. Cannone and Mr. Trupiano, John Kaliski Architects, Inc. (JKA), a Los Angeles-based architecture and urban design firm, is pleased to submit qualifications and a proposal for the City of Palm Desert Residential and Mixed-Use Objective Design Standards (Project). John Kaliski, JKA Principal, shall be the Contract point of contact. Amee Bhatt, JKA Project Manager, shall be the day-to-day Project point of contact. If awarded the Project, JKA will develop the work at our Los Angeles office. All key meetings, workshops, and study sessions are anticipated to occur in Palm Desert. JKA has assembled an experienced team for this Project, including Environmental Science Associates (ESA - Planning and Environmental Review) and Tajima Open Design Office (TODO - Landscape Architecture). JKA has previously collaborated with Shannon Wages, Principal at ESA, on a diverse portfolio of projects. Takako Tajima, a landscape architect and USC professor, worked on urban design projects at JKA before founding TODO. Our team (collectively “Consultant”) brings to this effort working relationships and long-term experience regarding planning and urban design policies, outreach, and environmental analysis, allowing us to efficiently develop quantifiable design standards that support Palm Desert. This RFP presents an exciting opportunity to build measurable and easily-understood criteria that, imple- mented site-by-site, reinforce a sense of local identity, environment, and place. Through outreach and feedback from the community, JKA will establish realizable expectations for environmentally-appropriate built form that reflects the values and aspirations of your City. As a team, we would be excited to collaborate with Palm Desert to further the legacy and aspiration of this City’s multi-family and mixed-use projects. All conditions contained in this proposal are valid for ninety (90) days. If you need any clarifications regarding our qualifications or this proposal, please contact me at jkaliski@jka-la.com. Respectfully, Item 1P-96 CONTENTS A.TEAM 4 B.EXPERIENCE 6 C.PROJECT UNDERSTANDING AND APPROACH 10 D.PROPOSED SCOPE OF WORK 12 E.PROPOSED SCHEDULE OF CHARGES 27 F.PROPOSED BUDGET 28 G.APPENDICES 30 3 Item 1P-97 4TEAM JOHN KALISKI, FAIA, NCARB Managing Principal Project Director 40 years experience John oversees all urban design and architecture projects at JKA. He seeks to critically integrate client as well as public concerns and aspirations into practicable design outcomes, and has developed the insight to bring together multiple viewpoints into constructible architecture and urban design that celebrates enduring community making. »View Biography, View Resume AMEE BHATT, LEED AP ND Urban Design Project Manager Project Lead 6 years experience Amee manages the firm’s urban design projects. Her experience includes multi-family and mixed-use objective design standards, community character and design elements, complete streets and specific plans, and feasibility studies. Amee places a special emphasis on the quality of the public realm and strives to create active, engaging, and sustainable places. »View Biography, View Resume GERMAN DIAZ, ASSOCIATE AIA Designer 2 years experience German works on multi-family, hospital- ity, and urban design projects within the firm. He has contributed to urban design and architectural visualizations, con- ducted code review, and produced design and construction documents. From a young age, German was around design practices and has a family background in landscape practice and design. »View Biography, View Resume ADDITIONAL JKA STAFF, AS NEEDED JKA has assigned these three (3) key personnel to perform the Services for the Project, and has the capacity to provide additional personnel as needed from nine (9) other architecutral and urban design staff members. URBAN DESIGN, OUTREACH, AND PROJECT MANAGEMENT A TEAM The “Consultant” is a team of three experienced firms that will collaborate with City Staff, the community, and decision-makers throughout the Project. Leading this team is John Kaliski Architects (JKA), concentrat- ing on architecture, urban design, design standard development, and Project and outreach facilitation. Environmental Science Associates (ESA) will focus on the consistency between the Palm Desert General Plan and Zoning Code. Tajima Open Design Office (TODO) will contribute to the development of landscape design standards. Item 1P-98 5TEAM Subconsultants SHANNON WAGES, AICP Principal, Urban Planner Planning Lead 20 years experience Shannon is an urban planner specializing in managing long-range planning documents as well as processing complex land use entitlement projects. She has successfully managed the preparation of multiple general plans, specific plans, housing element updates, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Shannon has extensive housing experience and is well versed in housing law and policy, including as it relates to SB 9, SB 35 and other housing streamlining legislation. »View Resume MARLIE LONG Managing Associate Environmental Review Lead 8 years experience Marlie specializes in the management and preparation of programmatic analyses as a tool to help clients struc- ture CEQA documents to allow for future streamlining and cohesion amongst projects within a jurisdiction. She has experience in project management roles and as a contributing technical author in the preparation of CEQA and NEPA documents ranging from exemptions to project- and program-level EIRs and Environmental Impact Statements to ensure environmental compliance at the federal, state, and local levels. »View Resume PLANNING AND ENVIRONMENTAL REVIEW ETHAN WYNACHT Planner I 1 year experience Ethan is a planner contributing to project research, analysis, and written reports. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. »View Resume TAKAKO TAJIMA, AIA, NCARB, PLA Principal-in-Charge Landscape Design Lead 25 years experience Takako is currently working with JKA on the renovation of two former motel properties in Culver City as part of California’s Department of HCD’s Homekey Initiative. Before starting her own Landscape Architecture practice, Takako worked at JKA for six years as an urban designer. She is trained in landscape architecture, architecture, and urban planning, and teaches in the graduate landscape architecture program at USC. »View Resume LANDSCAPE ARCHITECTURE ADDITIONAL ESA STAFF, AS NEEDED ESA has assigned these three (3) key personnel to perform the Services for the Project, and will utilize additional support staff. Item 1P-99 6EXPERIENCE John Kaliski Architects, Inc. (JKA), founded in 2000 and based in Los Angeles, California, is a full-service, 14-person, architecture and urban design firm specializing in communi- ty-based urban design and mixed-use and multi-family architecture. The firm’s mission is to foster places and buildings that support health, happiness, and well-being. The firm’s managing principal, John Kaliski, has over 30 years of experience developing, designing, and building a broad range of projects and policies for both public and private sector clients. Over this time he has also developed design review processes and undertaken design review for numerous Southern California cities and agencies including Anaheim, Pasadena, Santa Ana, Santa Monica, Ventura, and the Los Angeles County Metropolitan Transit Authority (Metro). A common requirement of JKA clients is to successfully facilitate community outreach processes towards project approvals and implementation. As both urban designers and architects, JKA is well versed in zoning codes, building codes, and construction logics, and brings this experience to each new scope of work. Using this multi-disciplinary design and planning methodology, JKA has completed a broad range of project types including urban design master plans, community-based specific plans, development and joint development feasibility studies, complete streets, active transportation/first mile/last mile planning projects, transit-oriented design of station areas and station stops, visual simulations, and commercial, mixed-use, multi-family, and affordable housing projects. JKA’s experience also includes the writing and illustration of design standards and guidelines for cities and public agencies. Recent work includes single-family design guidelines for Burbank, Culver City, and Downey, as well as multi-family and mixed-use design standards for Palmdale. Adapting to State-mandated changes regarding the use of design guidelines in the past year, JKA has completed quantifiable standards for urban lot splits in El Segundo, and for this same City is now developing their objective design standards for multi-family and mixed-use overlay districts. The firm’s City of Downey Single-Family Design Standards and Guidelines won a 2022 Urban Design Award of Merit from the American Planning Association Los Angeles Chapter. With each project, JKA strives to cultivate authentic and sustainable human-scale experiences that realize a local sense of community purpose, quality, and identity. Background Rendering of a preferred development scenario for medium-scale creative mixed-use infill in Santa Monica. EXPERIENCEB Item 1P-100 7EXPERIENCE References Project Name: El Segundo SB 9 Multi-Unit Options Study and Recommendations Started/Completed: 2021–2022 Scope of Work: SB9 study and design recommendations. Project Description: In order to address community concerns that new lot split legislation (California SB 9) would negatively impact the character of existing residential neighborhoods, the City of El Segundo asked JKA to analyze the built-form character of existing single-family neighborhoods and prepare through an accelerated eight-week schedule text amend- ments to the existing zoning code. The objective was to establish a best fit between the scale and character of the existing architecture that nevertheless honored the new State requirements that provide for increased density. Project Manager: Amee Bhatt (JKA) Client or Agency Name: City of El Segundo Client Contact: Michael Allen, AICP, Development Services Director (310) 524-2345 / mallen@elsegundo.org Project Budget: $45,217.00 Project Sheet: View Project Sheet Project Name: Palmdale Multi-Family Residential and Mixed-Use Design Standards Started/Completed: 2020–2022 Scope of Work: Multi-family and mixed-use design standards. Project Description: The City of Palmdale asked JKA to create multi-family and mixed-use design standards and guidelines that address Palmdale’s high desert setting. Through observation and two public outreach meetings, JKA developed measurable criteria that residents, applicants, and City Staff alike can utilize to facilitate a commonly understood and consistent project design approval process. JKA’s standards also provide a means to measure community expectations for design quality for new multi-family and mixed-use projects. Project Manager: Amee Bhatt (JKA) Client or Agency Name: City of Palmdale Client Contact: Megan Taggart, Planning Manager, Department of Economic & Community Development (661) 267-5229 / mtaggart@cityofpalmdale.org Project Budget: $149,994.78 Project Sheet: View Project Sheet Item 1P-101 8EXPERIENCE Project Name: Downey Single-Family Residential Development Standards Started/Completed: 2018–2021 Scope of Work: Design guidelines; design standards; community engage- ment; public workshop facilitation; zoning amendments. Project Description: New single-family zone text amendments and design guidelines reduce building bulk and relate new construc- tion and second floor additions to prevailing conditions in this 1950s suburban town. Project Manager: Carolyn Matsumoto (JKA), Wenchong Lai (JKA) Client or Agency Name: City of Downey Client Contact: Crystal Landavazo, City Planner (562) 904-7154 / clandavazo@downeyca.org Project Budget: $91,366.00, plus $4,133.80 (Amendment 1) and $2,320.00 (Amendment 2) Project Sheet: View Project Sheet Project Name: East San Gabriel Valley Area Plan Components and Design Guidelines Started/Completed: 2021–2023 Scope of Work: Land use planning and environmental analysis. Project Description: The East San Gabriel Valley Area Plan (ESGVAP) is a regional planning document that guides development, manages growth, and improves the quality of life in the ESGV area of Los Angeles County. ESA and JKA partnered in this effort to prepare a land use element, community character and design element, and individual community chapters for each of the 24 unincorporated communities the document addresses. Project Manager: Mary Laux (ESA Project Manager), Shannon Wages (ESA Lead Planner) Client or Agency Name: The Los Angeles County Department of Regional Planning Client Contact: Mi Kim, Supervising Regional Planner (213) 974-6425 / mkim@planning.lacounty.gov Project Budget: $655,954.00 Project Sheet: View Project Sheet Project Name: Long Beach Boeing C-17 Globemaster Transition Plan Started/Completed: 2016–2018 Scope of Work: Land use/mobility planning and community outreach. Project Description: Shannon served as Project Manager and John Kaliski served as Lead Urban Designer for preparation of a specific plan for an area along the Cherry Avenue Corridor and encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The Globemaster Corridor Specific Plan (GCSP) includes a vision, goals, and policies; an integrated land use and mobility plan with a complete APA LA AWARD RECIPIENT: 2022 Urban Design Award of Merit Item 1P-102 9EXPERIENCE streets network; objective development standards and design guidelines; and an implementation program to achieve a 21st century employment district. Project Manager: Shannon Wages (experience at Dudek prior to joining ESA) Client or Agency Name: City of Long Beach, Department of Development Services, Planning Bureau Client Contact: Linda Tatum, Community Development Director (562) 570-6261 / linda.tatum@longbeach.gov Project Budget: $550,000.00 Project Sheet: View Project Sheet Project Name: Culver City Project Homekey Started/Completed: 2022–Ongoing Scope of Work: Landscape architecture. Project Description: TODO currently serves as the landscape architect on a transitional housing project with JKA involving the conversion of two motels into 73 units of transitional and permanent housing for those experiencing homelessness. The planting design for both properties were conceptual- ized to be shady and lush but highly drought tolerant during the summer and sunny and bright during the winter, and elements like tables, benches, and bike racks were added to create a common place and sense of community. Project Manager: Takako Tajima (TODO) Client or Agency Name: John Kaliski Architects, Inc. for the City of Culver City Client Contact: Elaine Gerety-Warner, Economic Development Project Manager, City of Culver City (310) 253-5777 / elaine.warner@culvercity.org Project Budget: $14,400.00 (landscape architecture only) Project Sheet: View Project Sheet Project Name: IMPERIAL Offices Started/Completed: 2017–2018 Scope of Work: Landscape architecture. Project Description: Visible from the LAX Airport, the space combines a garage and offices for an investment company and a travel agency. To create a more seamless relationship between building and landscape, a portion of the building was reappropriated as garden space—opening up the ceiling to the sky and creating private viewing gardens for the offices within. Landscaping addressed significant LID requirements to capture and retain water from the building’s 8,000 sqft roof. Project Manager: Takako Tajima (TODO) Client or Agency Name: DOM Food Group Client Contact: Tony Owen tony@domfoodgroup.com Project Budget: $150,000.00 Project Sheet: View Project Sheet Item 1P-103 10PROJECT UNDERSTANDING AND APPROACH Palm Desert is home to a range of multi-family housing types, from duplexes and triplexes to medium density apartments and condos, to ARC-approved higher-intensity projects that are in the “pipeline.” Traditionally, cities like Palm Desert have used design guidelines full of “shoulds” in combination with public and Staff-level design review to shape the architectural character and quality of new developments. No more. Recent California legislation has voided the use of “shoulds” and now requires “shalls” in the form of measurable and quantifiable objective design standards (ODS). In this circumstance, how does one maintain an appropriate level of community-based design quality, especially within a unique desert environment? To meet this challenge, JKA (concentrating on architecture, urban design, design standard development, and facilita- tion); ESA (focusing on zoning and General Plan consistency as well as CEQA compliance); and TODO (providing under- standings of landscape and plant material opportunities), will collaborate with City Staff, the community, and deci- sion-makers at workshops and study sessions to first explore and then define Palm Desert built form and environ- mental design character. These values, infused with Palm Desert intelligence, will be the basis of further work and the ODS. To implement the Project, the Consultant shall generally adhere to the Scope of Services and Schedule highlighted in Section 10 of the RFP, kicking off the Project with an organizing meeting and City tour to observe development and design patterns, opportunity areas, and lessons learned. JKA shall additionally schedule bi-monthly check-in meetings with Staff for the five-month duration of the Project to keep the City informed of Project progress. In the first month of the Project, JKA shall work with Staff to finalize a Community Engagement and Outreach Plan that through three (3) phases will maximize opportunities to engage creatively with decision-makers, stakeholders, and community members. Each outreach phase is anchored by the completion of a Project deliverable that will shape the next phase of presentations, ideas, and conversations. The first outreach phase follows the Consultant’s comple- tion of both an existing conditions report analyzing the City’s built-form patterns and a second report highlighting possible discrepancies between the City’s General Plan and Zoning Code. The events in this phase will be structured to present these findings and utilize them to stimulate conversations regarding Palm Desert design character. In PROJECT UNDERSTANDING AND APPROACHC These zero line townhomes exemplify mid-century design values combined with more recent interest in drought-tolerant landscape. Note the relationship to the three-story hotel structure behind. This duplex may represent middle housing but also exemplifies the auto- oriented orientation of much of Palm Desert’s built form. These Spanish-style garden apartments/bungalows are common to Palm Desert. On-site pathways and landscape mitigate the higher-intensity of use. Item 1P-104 11PROJECT UNDERSTANDING AND APPROACH addition to a community design workshop which will feature a design exhibit highlighting local architectural character, the Consultant will meet with the Architectural Review Commission, and separately with the Planning Commission and City Council in a joint study session, to learn about their concerns and design concepts. The second outreach phase intends to solicit feedback from decision-makers based upon their review of the Consultant’s Technical Report, which will include recommendations for objective design standards and review procedures the City may want to adopt as well as strategies that address inconsistencies between the City’s General Plan and Zoning Code. The Consultant will use this input to prepare both a Draft Zoning Update and Public Review Draft ODS. During a final outreach phase, the Consultant will again meet with the community and decision-makers to present the draft work products, describe how their ideas shaped outcomes, and receive further input regarding additional improvements that may be needed. The Project concludes with three (3) public adoption hearings. Once adopted, the objective design standards and any attendant review process will provide new means and methods compliant with State mandates for consistent and timely design review of projects, while ensuring that design outcomes are not generic, but reflective of community and Palm Desert design values. With an earth-toned color, modulated exterior, and two-story entry oriented to the sidewalk, this mid-80s apartment type presents a human scale to the street that blends well with its desert surrounds. Newer examples of multi-family development in Palm Desert, like this two-story apartment complex on Gerald Ford Drive, feature a drought- tolerant near-native landscape, as well as a color scheme, use of natural materials, pitched roofs, and varied massing that establish a local sense of place. This rendering of the recently-approved but controversial project on Frank Sinatra and Portola Avenue represents an opportunity to understand design strengths and challenges that can inform the production of objective design standards. Item 1P-105 12PROPOSED SCOPE OF WORK PROPOSED SCOPE OF WORKD CONSULTANT DELIVERABLES »Monthly invoices and progress reports per City invoicing requirements Task 1: Project Management and Coordination 1.1: Project Administration JKA (JKA or the Consultant) shall administer the Project and Contract including definition and monitoring of task milestones, the schedule, budget, invoicing and cost control, and reporting. On a monthly basis, and in a form acceptable to the City, JKA will provide the City an invoice denoting all tasks, percentage of task complete, and associated fees and expenses. Each invoice will be reviewed and approved by both the JKA Project Manager and the Principal. 1.2: Kick-Off Meeting The Consultant shall coordinate and attend a Kick-Off Meeting with City Staff (Staff). This meeting shall be hosted in Palm Desert and attended in-person by the JKA Principal, JKA Project Manager, and ESA Principal. The Kick-Off Meeting shall cover the following topics: •Introduction of Consultants and Staff •Establishment of communication protocols •Review and confirmation of Project objectives, scope of work, schedule, and milestones •Discussion of general issues, constraints, and opportunities •Discussion of outreach and engagement strategies and tactics •Discussion of CEQA compliance and strategy •Data request for City maps, documents, and other information required to complete the Project •Discussion of Project invoicing and Contract administrative roles and responsibilities CITY DELIVERABLES »City maps, documents, GIS shape- files, and any other resources to complete the Project CONSULTANT DELIVERABLES »Data Needs Memo »Kick-Off Meeting summary with project objectives, project schedule, milestones, and anticipated dates for public meetings and action items within 10 days of the meeting In an “Existing Conditions, Findings, and Considerations Memorandum,” JKA developed diagrams of prototypical lots in the City of El Segundo to illustrate preliminary design considerations for splitting parcels that are 25 feet or less in width. EXHIBIT A Item 1P-106 13PROPOSED SCOPE OF WORK The Consultant shall prepare a list of data needs required to efficiently conduct the General Plan/Zoning Discrepancy Memo in Task 2.4, including GIS shape- files of the City’s Zoning Map and General Plan, information from Staff as to which Zoning districts correspond with each General Plan land use designation, and Staff’s knowledge of any inconsistencies between the General Plan and Zoning Map/Code that they are currently aware of. 1.3: City Tour The Consultant, with input from the City, shall also organize as part of the Kick-Off Meeting a guided in-the-field urban design survey lasting up to four (4) hours that reviews the City’s multi-family and mixed-use areas, key projects, opportunity sites, and, as feasible, best practices of surrounding cities. The objective of this tour is to observe the prevailing planning and urban design characteristics and trends shaping the context and development of the area, including but not limited to the following: •Development intensity, typical •Building height, stories, upper-story height transitions, and rooflines, typical •Building setbacks, step-backs, frontages, and orientation, typical •Building facades and openings, typical •First-story building facades and use of program along street frontages, typical •Prominent architectural styles and character, typical •Parking and access drive configurations, typical •Landscape and open space, typical •Fences, street walls, mechanical equipment and screening, and back-of- house components, typical •Exceptions to the “rules” as noted by Staff The Consultant seeks to schedule the Kick-Off Meeting in Task 1.2 and the City Tour on the same day to best utilize Staff’s and the Consultant’s time. If health constraints do not permit an in-person Kick-Off Meeting, the Consultant shall coordinate a virtual meeting via Zoom or similar and schedule the City Tour on a separate date. 1.4: Project Coordination The JKA Project Manager will coordinate with Staff on a day-to-day basis with as-needed phone calls and emails. To share and maintain Project documents, coordinate information exchange, and enhance timely work product review, JKA will establish a Project Dropbox or similar. JKA shall also utilize cloud-based productivity tools including, but not limited to, Google Docs and Smartsheet to create and update the Prroject schedule on a shared and collaborative basis and keep the City informed of Project task progress. All communication protocols will be established at the start of the Project. The JKA Project Manager shall schedule and attend, along with the JKA Principal and ESA Principal as needed, a virtual check-in meeting every two (2) weeks, not to exceed 10 meetings. The check-in meetings shall last up to one (1) CONSULTANT DELIVERABLES »Monthly check-in meeting summa- ries in bullet point format, inclusive of next steps and action items, to Staff in Microsoft Word or similar, one (1) day before all meetings »Project schedule updates as needed in Microsoft Word, Excel, Smartsheet, or similar CITY DELIVERABLES »Input regarding the size, placement, and height of recently-approved projects, other key projects, opportunity sites, and exceptions to the “rule” for incorporation into the City Tour »Participation in City Tour EXHIBIT A Item 1P-107 14PROPOSED SCOPE OF WORK hour and provide the opportunity to discuss with Staff the work completed and upcoming tasks, as well as review and adjust as needed the Scope of Work schedule, milestones, and budget to meet Project objectives. To coordinate these meetings, the JKA Project Manager shall provide an agenda one (1) day prior to a scheduled meeting to provide Staff the opportunity to review, add, and/or change agenda items as needed in advance of the meeting. Task 2: Data Gathering, Document Research and Review 2.1: Document Review To understand the existing land use planning framework that regulates devel- opment opportunities within the City, and in preparation for the Existing Conditions Analysis Report (Task 2.3) and the General Plan/Zoning Discrepancy Report (Task 2.4), the Consultant shall conduct a review of the following documents: •Recent State legislation that has relevance to this Project. •Palm Desert General Plan. •Relevant sections of the Palm Desert Zoning and Subdivision Ordinance. •Other regulatory elements as they pertain to the production of multi-fam- ily and mixed-use projects as identified by Staff (maximum two additional documents). ESA shall create a table that lists General Plan land use designations, allowed land uses associated with each designation, and associated densities. The table will also match each General Plan land use designation with corresponding Zoning districts based on allowed land uses and densities prescribed in the General Plan. JKA shall document their research with tables, summarized text, GIS digital maps, and/or diagrammatic illustrations as necessary. 2.2: Project Review JKA shall review multi-family and mixed-use projects in Palm Desert in varying stages of the review process, specifically current project plans under review and recently-approved projects, as well as public comments on those projects from appropriate Architectural Review Commission (ARC) and Planning Commission (PC) meetings. Understanding the scale, design, and quality of projects under- going the review process, as well as their appeal from residents and stakeholders, provides insight into how the City’s existing design standards/ guidelines are being interpreted and implemented in the City’s permit review process. JKA shall take notes to document their findings from this research to relay their findings to Staff and hear any additional insight they might have regarding this topic. CITY DELIVERABLES »Zoning Code Chapters for Consultant review in Microsoft Word format CITY DELIVERABLES »Development plans for review (max. six projects) »ARC/PC Meeting dates, videos, and/or minutes in which proposed developments are being discussed CONSULTANT DELIVERABLES »Summary notes of discussion with Staff regarding challenges and opportunities in the project review and approval process; assume this discussion(s) occurs as part of the check-in meetings noted in Task 1.4 above. EXHIBIT A Item 1P-108 15PROPOSED SCOPE OF WORK 2.3: Existing Conditions Analysis Report JKA shall use the findings from the City Tour (Task 1.3), Document Review (Task 2.1), Project Review (Task 2.2), and discussions with Staff during check-in meetings to create an Existing Conditions Analysis Report, consisting of the following: •Identification of existing built-form patterns that define the multi-family and mixed-use character of existing Palm Desert neighborhoods as well as other character criteria that will assist in the development of objective design standards (ODS) that enhance community character. •Photographs taken in the City Tour (Task 1.3) annotated with text callouts to highlight built-form patterns and build a visual inventory of existing multi-family and mixed-use developments in the City. •Development of a “Transect,” one each for multi-family residential and mixed-use development types, that constitutes a collection of appropriate precedent imagery of high-quality building types that fit the evolving Palm Desert context. •Bullet point findings and considerations that identify areas with a potential for multi-family and mixed-use development within the City. 2.4: General Plan/Zoning Discrepancy Report ESA shall prepare a General Plan/Zoning Discrepancy Memo that identifies parcels within the City that are zoned for residential uses but have a General Plan designation that allow or require higher densities. ESA shall also prepare a series of maps to highlight parcels in the City that have inconsistent General Plan and Zoning designations, and key the map to a table that provides information as to the nature of the inconsistencies and implications for this project. This memo shall also include an analysis of the implications of Senate Bill (SB) 9 and other recent State legislation, as applicable, on the parcels that are shown to have inconsistencies, and specifically whether the recent legislation elimi- nates any of the existing discrepancies in allowable density. In addition to SB 9, other recent legislation that may or may not be applicable depending on identified inconsistencies, but that are also related to the need for objective development standards, include Assembly Bill (AB) 2011, SB 6, SB 35, SB 330 and SB 478. 2.5: Vision Statement JKA shall develop a vision statement after the completion of the first commu- nity outreach phase (Task 3.2) that encapsulates key Project themes, goals, and objectives heard in conversations with Staff, decision-makers, and the public. The intent of the vision statement is to guide the development of objective design standards in Task 5 in a direction specific to the character, needs, and desires of Palm Desert. CITY DELIVERABLES »GIS shapefiles of the City’s General Plan and Zoning maps »Information as to which Zoning Districts correspond to each General Plan land use designation CONSULTANT DELIVERABLES »General Plan/Zoning Discrepancy Memo CONSULTANT DELIVERABLES »Existing Conditions Analysis Report in InDesign, Microsoft Word, or similar, and as a PDF CONSULTANT DELIVERABLES »Vision Statement EXHIBIT A Item 1P-109 16 Task 3: Public Outreach 3.1: Community Engagement and Outreach Plan JKA shall work with the City to develop a comprehensive Community Engagement and Outreach Plan (Plan) during the first month of the Project. The Plan will define the program strategies, activities, web/social media engage- ment, and a proposed schedule to execute the engagement component. The purpose of the Plan is to ensure meaningful engagement and active participa- tion by the general public, businesses, disadvantaged communities, decision-makers, and other stakeholders. The Plan is flexible in approach and shall be based on the needs of the Project. However, it is assumed to be anchored by three (3) distinct phases throughout the Project timeline: •Phase 1: Project Introduction and Issue Identification, consisting of one (1) substantive community engagement activity and two (2) presentations and/or workshops with decision-makers, such as the Planning Commission, City Council, and/or the ARC. •Phase 2: Technical Reports Review, consisting of one (1) presentation and/ or workshop with decision-makers. •Phase 3: Public Review Draft Standards, consisting of one (1) substantive community engagement activity and two (2) presentations and/or work- shops with decision-makers. JKA shall be in-attendance at all community engagement events, and ESA shall attend one (1) outreach event in-person. Additional opportunities for outreach activities and services are listed as optional added cost items in a table in Section F, “Proposed Budget” under “Optional Menu of Additional Outreach Services.” Upon discussion with Staff, additional activities and/or services may be incorporated into the Plan to further enhance the outreach of the Project. JKA organized community outreach workshops to inform changes to the residential portions of the Culver City Zoning Code. Utilizing red cards (no) and green cards (yes) for polling, here community members show support for single-family residences. PROPOSED SCOPE OF WORK CITY DELIVERABLES »Community engagement activity preferences, community insight, and/or strategies to shape the Community Engagement and Outreach Plan »Upon request, JKA can provide Spanish translation at public meetings and for web/social media Project promotional materials. Other language translation and translation of documents shall be an additional service. »Note: the selection, provision, and insuring of facilities shall be the responsibility of the City. CONSULTANT DELIVERABLES »Draft Community Engagement and Outreach Plan in Microsoft Word format »Final Community Engagement Plan in Microsoft Word format »Updated Project schedule to include proposed Community Engagement timeline »Contract and scope amendments to include optional outreach items, if needed EXHIBIT A Item 1P-110 JKA Staff organized outreach workshops in the City of Downey that included real-time surveying and polling of issues associated with new residential construction, additions, and subdivisions. 17PROPOSED SCOPE OF WORK 3.2: Outreach Phase 1: Project Introduction and Issue Identification Following the completion of the Existing Conditions Analysis Report (Task 2.3) and General Plan/Zoning Discrepancy Report (Task 2.4), JKA shall begin the first phase of community engagement. The purpose of this phase is to introduce the Project, create an opportunity for Palm Desert residents and decision-mak- ers to review work completed to-date, and provide an open forum for ideas regarding multi-family and mixed-use development trends, goals, and the role of objective design standards. Outreach Phase 1 consists of three (3) opportuni- ties for engagement over the course of one (1) or two (2) days as follows. Community Meeting 1 JKA shall facilitate the first community outreach event abiding by the philoso- phy that engaging with residents and stakeholders where they work, visit, and/ or gather leads to higher participation and more diverse community feedback. JKA intends to use this first community outreach event to build support for a best-practice design framework that is shaped by community members. To facilitate this approach, JKA will design a temporary exhibition consisting of printed boards that will be displayed at one (1), or two (2) if time permits, public locations such as the Palm Desert Public Library, the Civic Center Park, or another park or locale recommended by Staff. To reach an even wider audience, and if feasible, JKA would like to coordinate the exhibition in collaboration with Palm Desert’s “Coffee with the Mayor” series, with the “Special Focus” being “Palm Desert Design Character and Opportunity.” Taking place over an afternoon and early evening, the intent of the Exhibition is to informally as well as formally showcase examples of existing built-form patterns in Palm Desert as well as best practice multi-family and mixed-use typologies, and instigate one-on-one and group conversations regarding community character and design goals with residents and stakeholders. To CITY DELIVERABLES »Communication to stakeholders such as local businesses, key community groups or leaders, schools, and/or religious groups in the Project Area »Mailings for the Project and public outreach events »Securing publicly accessible and convenient in-person meeting venues and insurances »Participation in all outreach events »Translation services (JKA can provide Spanish translation at public meetings and for web/social media Project promotional materi- als upon request) CONSULTANT DELIVERABLES »One (1) flyer or other promotional material for the community outreach event to be posted on the City website and/or social media »Presentation materials, such as PowerPoint presentations (Study Session 1 and ARC Meeting) and any other visualization materials »Post-event highlight summaries in Microsoft Word or similar within five (5) days of each event EXHIBIT A Item 1P-111 18PROPOSED SCOPE OF WORK further encourage participation, attendees will be provided with stickers that can be placed on the boards indicating their like or dislike of the illustrated design concepts and typologies. At a set time, say 4:00 PM, the Consultant will also formally introduce the Project and the materials, allowing for different types of participation activities during the course of one event. The JKA Principal, JKA Project Manager, and at least one (1) representative from City Staff will be on-site at all times to facilitate conversations, answer questions, and gather feedback at both the informal and formal settings. ARC Meeting 1 During the course of the first community event, JKA shall also meet, introduce the project, and learn from the thoughts and feedback of the Architectural Review Commission regarding both Palm Desert design character and the City’s design review process. Study Session 1 Shortly after the first community event/exhibition and meeting with the ARC, JKA shall participate in a kickoff Joint Study Session with the Planning Commission and City Council to introduce the Project, present findings from the Existing Conditions Analysis Report and General Plan/Zoning Consistency Report, and provide a summary of what was heard during the first community outreach event. Based upon the work to-date, the Consultants shall receive input and direction from decision-makers regarding multi-family and mixed-use development that will shape future project tasks and work products. 3.3: Outreach Phase 2: Technical Report Review The second phase of outreach shall occur after the completion of the Technical Report (Task 4). Before beginning the Administrative Draft ODS and Draft, JKA will conduct a second Study Session with the Planning Commission to hear their reactions and feedback regarding the zoning and design standard recommen- dations in the Technical Report. JKA undertook photo- documentation and community walking workshops to study Burbank’s single- family neighborhoods and building types. CONSULTANT DELIVERABLES »Presentation to Planning Commission in PowerPoint or similar »Post-event highlight summaries in Microsoft Word or similar within five (5) days of each event EXHIBIT A Item 1P-112 19PROPOSED SCOPE OF WORK 3.4: Outreach Phase 3: Public Review Draft Standards The third and final phase of outreach shall occur after the completion of the Draft Zoning Updates and Public Review Draft ODS. The purpose of this phase is to provide an update on the completed to-date work focused on the organiza- tion and content of the Draft Zoning Updates and Public Review Draft ODS. One of the Consultants objectives during this phase of outreach will be to show attendees of earlier outreach events how their feedback is incorporated into the work products, while providing additional opportunities for feedback and engagement before development of the Public Hearing Draft ODS (Task 5.4). Similar to Outreach Phase 1 (Task 3.2), Outreach Phase 3 consists of three (3) opportunities for engagement intentionally clustered into two (2) days to maintain the five-month Project timeline. JKA facilitated workshops for the Metro Crenshaw/LAX Transit Line Joint Development Opportunity Sites Feasibility Studies, Development Guidelines, and Design Review project. JKA facilitated a public workshop with the City of Palmdale to provide an overview of the draft multi-family and mixed-use design standards. CITY DELIVERABLES »Communication to stakeholders such as local businesses, key community groups or leaders, schools, and/or religious groups in the Project Area »Mailings for the Project and public outreach events »Securing publicly accessible and convenient in-person meeting venues and insurances »Participation in all outreach events »Translation services (JKA can provide Spanish translation at public meetings and for web/social media Project promotional materi- als upon request) CONSULTANT DELIVERABLES »One (1) flyer or other promotional material for the community outreach event to be posted on the City website and/or social media »Presentation materials, such as printed boards/easels (Community Meeting 1), PowerPoint presenta- tions (Study Session 1 and ARC Meeting), and any other visualiza- tion materials »Post-event summaries in Microsoft Word or similar within five (5) days of each event EXHIBIT A Item 1P-113 20PROPOSED SCOPE OF WORK Community Meeting 2 JKA shall present the Draft Zoning Updates and Public Review Draft ODS during an in-person one-and-a-half (1.5) to two (2) hour Community Workshop. This workshop shall include both a presentation and interactive activity, with the option of virtual attendance via Zoom or similar. To gather input, JKA recom- mends utilizing an interactive survey tool such as Mentimeter, an online tool that allows participants to use their smartphones to respond to questions and polls in real time. This type of program or similar engages both physical and virtual attendees and allows for easy participation and sharing of ideas. JKA intends to use the feedback received from this Workshop, as appropriate, to further refine the Public Hearing Draft ODS (Task 5.4). ARC Meeting 2 JKA shall present the Draft Zoning Updates and Public Review Draft ODS as well as the Community Meeting 2 materials and survey outcomes to the ARC during a third study session and receive input and feedback regarding the draft work products. Study Session 3 JKA shall facilitate a study session with the Planning Commission to review work to date. In addition to gathering input and receiving feedback, a goal of this session is to illustrate how decision-maker input is integrated into the ODS. Task 4: Technical Report 4.1: Zoning Consistency Recommendations Memorandum After completion of the General Plan/Zoning Discrepancy Report (Task 2.4), ESA shall develop a Zoning Consistency Recommendations Memorandum (Zoning Memo) that explores potential updates for zoning consistency. ESA shall, as needed, introduce different approaches to bringing the City’s residen- tially zoned properties into compliance with the range of densities provided for in the General Plan land use designations. This may include a rezoning of these properties, creation or application of one or more zoning overlays, or other strategies such as the renaming of existing zoning designations. The Zoning Memo shall state which, if any, of the proposed approaches will require environ- mental analysis. However, given that any zoning changes are likely to be in conformance with the underlying General Plan land use designations, it is anticipated that typical zoning changes are to provide conformance with the General Plan and this outcome will result in a Notice of Exemption. ESA shall prepare a Notice of Exemption in Task 6. 4.2: ODS Options and Recommendations Memorandum After completion of the Existing Conditions Analysis Report (Task 2.3), JKA shall develop an ODS Options and Recommendations Memorandum (ODS Memo) that explores various options for design standards through the lens of four (4) local sites. These sites shall be determined through conversations with Staff and address a diverse range of multi-family and mixed-use development types. JKA shall develop conceptual massing diagrams that depict multi-family and mixed-use development on each site to illustrate the design intent behind CONSULTANT DELIVERABLES »Zoning Consistency Recommendations Memorandum CITY DELIVERABLES »Selection of up to four (4) Palm Desert-specific sites for the potential impacts analysis CONSULTANT DELIVERABLES »ODS Options and Recommendations Memorandum EXHIBIT A Item 1P-114 21PROPOSED SCOPE OF WORK recommendations for new objective standards. Alternative recommendations for a specific design criteria shall be compared and contrasted, i.e. 10-foot front-yard setbacks vs. 5-foot front-yard setbacks, based on their potential economic, aesthetic, and community impacts as a way to determine which standards best fit City design circumstances. Task 5: Draft ODS and Zoning Consistency Updates 5.1: Draft Zoning Updates Following the preparation of the Zoning Consistency Recommendations Memorandum (Task 4.1) and input from decision-makers during the second phase of community outreach (Task 3.3), ESA shall prepare text amendments to the City’s Zoning Code to implement the recommendations prepared in Task 4.1, and bring Zoning districts and standards into conformance with the General Plan. ESA will prepare a Draft Text Amendment, and after receipt of City comments, prepare a Final, which will be completed as part of Task 7. ESA assumes that the City’s GIS Staff will be responsible for final mapping of the amendments upon approval. 5.2: Administrative Draft ODS Following the preparation of the ODS Options and Recommendations Memorandum (Task 4.2) and input from the community, decision-makers, and staff during the second phase of community outreach (Task 3.3), JKA shall prepare, for Staff comment and direction, an Administrative Draft of the Objective Design Standards for multi-family and mixed-use development. The standards shall be formulated as objective, measurable, and quantitative, and comply with recent State legislation. The standards shall also reflect, as appropriate, a diverse range of building typologies to provide for a range of approaches, thus providing for design flexibility. To support the written CITY DELIVERABLES »Review and comments on Administrative Draft ODS submission CONSULTANT DELIVERABLES »Administrative Draft ODS for Multi-Family and Mixed-Use Developments in Microsoft Word with appendix of figures in PDF CITY DELIVERABLES »Review and comments on Draft Zoning Updates submission CONSULTANT DELIVERABLES »Draft Zoning Text Amendments Illustration of a typical Downey house in relationship to proposed design standards and guidelines. EXHIBIT A Item 1P-115 22PROPOSED SCOPE OF WORK standards, the document shall be illustrated with annotated diagrams, prece- dent imagery, and/or further-developed iterations of the Palm Desert-specific site diagrams prepared in Task 4.2. The ODS may either be incorporated directly into the Zoning code, be provided as an appendix to the Zoning Code, or be developed as a stand-alone and amendable document. In all cases an attendant design compliance and approval checklist will be provided to facilitate consistent application and review of the standards. JKA proposes the ODS be organized by the following topics: 1.Introduction. The document shall start with a brief to the project, the meaning of objective design standards, and the role of ODS in Palm Desert’s community character. The introduction would also include the Vision Statement prepared in Task 2.5. 2.Site Design Standards that address the relationship between multi-family and mixed-use developments and their surroundings. Design categories include, but are not limited to, building orientation and entries; building frontages; on-site sidewalks; on-site lighting; setbacks for buildings and accessory structures; buffer zones and transitional heights; lot coverage; maximum floor area ratios; and building breaks. 3.Building Design Standards that prioritize four-sided, three-dimensional design and reflect the architectural styles already present in Palm Desert. Categories include, but are not limited to, building height; major and minor massing; roof forms and materials; facade planes and building walls; building materials and colors; and windows, doors, and other openings. 4.Parking Design Standards that focus on the configuration, location, and visibility of parking in relationship to the public right of way. Design categories include, but are not limited to, off-street parking and design standards; and architectural continuity of parking structures in relationship to the main building. 5.Open Space Design Standards that expand the definition of ODS to create an identity for both the built-form and landscape. Alongside active and passive open space amenity standards, Tajima Open Design Office (TODO) will contribute to the development of landscape design standards that specify appropriate plants and shade trees for green neighborhoods as well as landscape screening buffer standards that reinforce Palm Desert identity. 6.Process and Compliance. The document shall end with an explanation of the project review and permitting process, supported with diagrams and flowcharts that clarify the process. Provided compliance checklists for multi-family and mixed-use developments that summarize the ODS shall further facilitate the use of the ODS for both applicants and Staff. Applicants can utilize the checklist to ensure that the City’s design criteria are met, and Staff can use the same checklist to streamline a consistent application of the City’s design principles, determine compliance with the design standards, and approve or recommend approval of a project. The checklists shall be both printable and capable of being filled out and signed digitally. EXHIBIT A Item 1P-116 23PROPOSED SCOPE OF WORK 5.3: Public Review Draft ODS Based on Staff input and direction, JKA shall prepare a Public Review Draft of the ODS. The Public Review Draft shall be a logical evolution of the Administrative Draft prepared in Task 5.2 and will serve as the basis for the preparation of the third phase of community engagement (Task 3.4). 5.4: Public Hearing Draft ODS Based upon the input and directions received from the third phase of commu- nity engagement (Task 3.4) and comments from Staff, JKA shall incorporate all feedback into a Public Hearing Draft. This iteration of the ODS shall be utilized for the public hearings noted in Task 7.4. Optional Service: ODS for Two-Story Residences, Additions, Accessory Dwelling Units (ADUs), and Junior Accessory Dwelling Units (JADUs) Objective design standards for two-story residences, additions, ADUs, and JADUs are an optional service that may be incorporated into the Scope of Work at an additional cost. In order to complete this service, JKA proposes the addition of three (3) public outreach meetings, one (1) with the community and two (2) with decision-makers such as the Planning Commission, City Council, and/or ARC. The breakdown of tasks and associated costs can be found in Section 7, “Proposed Budget.” Task 6: Environmental Review 6.1: CEQA Compliance Based on the present understanding of the Project and review of other similar efforts in other jurisdictions, ESA anticipates that a Notice of Exemption (NOE) with a supporting memorandum shall be adequate to provide the documenta- tion to substantiate the California Environmental Quality Act (CEQA) exemption for the Project. ESA shall review the Draft Objective Design Standards and Zoning Map/Text Amendments and shall prepare a draft Project Description that will be used in the Draft Notice of Exemption (NOE) form and a supporting memorandum. The NOE shall follow the template provided by the State Clearinghouse, which includes a project description, list of applicable exemp- tions, and a description of why the Project is exempt. The discussion for the reasons why the Project is exempt shall reference an attached supporting memorandum. The memorandum shall describe the applicable Sections of the State CEQA Guidelines and explain why the Project is exempt. The memoran- dum shall also discuss the reasons why the Project is not subject to any exceptions to the exemptions. CITY DELIVERABLES »Review and comments on Public Hearing Draft ODS submission CONSULTANT DELIVERABLES »Public Hearing Draft ODS for Multi-Family and Mixed-Use Developments in InDesign or similar, and as a PDF CONSULTANT DELIVERABLES »Draft NOE Form and Memorandum »Final NOE Form and Memorandum CITY DELIVERABLES »Review and comments on Public Review Draft ODS submission CONSULTANT DELIVERABLES »Public Review Draft ODS for Multi-Family and Mixed-Use Developments with text in Microsoft Word and formatted in InDesign or similar, and as a PDF EXHIBIT A Item 1P-117 24 JKA developed a flow chart for the City of Palmdale that visually describes the design compliance application, appeals, and approval process. PROPOSED SCOPE OF WORK ESA assumes that the Project is not subject to review under CEQA pursuant to CEQA Guidelines section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design Standards would apply will undergo separate CEQA review and approval. ESA also assumes that no technical evaluations need to be prepared to demonstrate that the Project would not result in a significant impact. This scope assumes ESA shall prepare one (1) draft NOE and memorandum for Staff review and shall respond to one (1) set of comments. ESA shall prepare a Final NOE and memorandum for the City’s use at the City Council hearing and for City’s use in preparing their staff report. ESA shall provide both the draft and final versions electronically. The City, with the assistance of ESA as needed, shall file the NOE with the County Clerk after approval of the Project. Task 7: Final Documents and Adoption 7.1: Final Zoning Updates for Zoning/General Plan Consistency Following public hearings, ESA will prepare Final Zoning Updates for Zoning/ General Plan Consistency in Word and PDF formats. 7.2: Final ODS JKA shall incorporate corrections and addendums into the Final Multi-Family and Mixed-Use ODS. The final document shall be a logical evolution of the Public Hearing Draft (Task 5.4). CONSULTANT DELIVERABLES »Final Zoning Updates for Zoning/ General Plan Consistency in Microsoft Word and as a PDF CONSULTANT DELIVERABLES »Final ODS in InDesign or similar, exported as Microsoft Word file and as a PDF »Final package of all working files, notes, and deliverables at the conclusion of the Project EXHIBIT A Item 1P-118 25PROPOSED SCOPE OF WORK CITY DELIVERABLES »Participation in Final Adoption Hearings CONSULTANT DELIVERABLES »Preparation of a high-level execu- tive summary of the Project for incorporation into the Staff Report and provision of Project work products developed during the Project for attachment to the Staff report and in anticipation of the final adoption hearing(s) »Presentations in PowerPoint format for hearings »Summary of corrections and addendums 7.3: Final Adoption Hearings JKA shall virtually attend three (3) public hearings to present the Public Hearing Draft ODS for review and adoption. Prior to the first hearing, JKA shall prepare a high-level executive summary of the Project, inclusive of data, graphics, and other support as needed, for the Staff Report. During each hearing, JKA shall be available to respond to questions from decision-makers and public speakers and make note of any concluding corrections and adden- dums (Task 7.2). JKA was tasked by the City of El Segundo to provide design recommendations that honor the built-form character of El Segundo’s single-family neighborhoods while implementing the requirements of Senate Bill 9 (SB9), which requires cities to allow and expedite urban lot splits on a parcel in a single- family zone. The infographic in this image was created by JKA, is hosted on the City’s website, and visually describes urban lot split opportunities. EXHIBIT A Item 1P-119 27 ENVIRONMENTAL SCIENCE ASSOCIATES PROFESSIONAL STAFF 2023 HOURLY RATES Principal Consultant 5 $309.00 Managing Consultant 6 $286.00 Principal Consultant 1 $202.00 Senior Consultant 3 $181.00 Associate Consultant 5 $178.00 Associate Consultant 2 $141.00 Consultant 3 $122.00 PROPOSED SCHEDULE OF CHARGES JOHN KALISKI ARCHITECTS PROFESSIONAL STAFF 2023 HOURLY RATES Principal $225.00 Associate $160.00 Senior Project Manager $140.00 Project Manager $130.00 Job Captain $115.00 Senior Designer $110.00 Designer II $105.00 Designer I $95.00 Senior Administrator $120.00 Administrator $75.00 Intern $75.00 REIMBURSABLE EXPENSES 2023 RATES General Reimbursable Expenses cost + 10% Vendors cost + 10% Auto Mileage $0.655 per mile + 10% Outside Vendor Printing cost + 10% In-house Printing Large Format Plots 8.5 X 11 Color Copies 11 X 17 Color Copies 8.5 X 11 Black & White Copies 11 X 17 Black & White Copies $2.00 per square foot + 10% $0.50 per page + 10% $1.00 per page + 10% $0.10 per page + 10% $0.20 per page + 10% PROPOSED SCHEDULE OF CHARGESE TAJIMA OPEN DESIGN OFFICE PROFESSIONAL STAFF 2023 HOURLY RATES Principal $125.00 Proposal (WITHOUT COST) Per the OpenGov Procurement proposal upload instructions, this version of JKA’s proposal uploaded to Section 1: Proposal (WITHOUT COST) does not show the Proposed Schedule of Charges or Proposed Budget. A copy of JKA’s proposal WITH COST showing the Proposed Schedule of Charges and Proposed Budget is uploaded in the Section 2: Fee Proposal, per the OpenGov Procurement proposal upload instructions. Item 1P-120 28PROPOSED BUDGET Consultant Role in this Project John KaliskiArchitects (JKA) EnvironmentalScience Associates (ESA) Tajima OpenDesign Oce (TODO) TASK LABOR COSTJKA COST ESA COST TODO COST Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Consultant Role in this Project $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 John Kaliski Architects(JKA) Environmental Science Associates(ESA) Tajima Open Design Oce(TODO) TASK LABOR COSTJKA COST ESA COST TODO COST 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 4.1 4.2 5.1 5.2 5.3 5.4 6.1 7.1 7.2 7.3 JKA LABOR COST ESA LABOR COST TODO LABOR COST $ 4,210.00 $ 863.00 $ 375.00 Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Task 1: Project Management and Coordination Task 2: Data Gathering and Document Research and Review Task 3: Public Outreach Task 4: Technical Reports Task 5: Draft ODS and Zoning Consistency Updates Task 6: Environmental Review Task 7: Final Documents and Adoption Project Administration $ 2,460.00 $ 7,400.00 $ 250.00 $ 10,110.00 Kick-O� Meeting $ 1,490.00 $- $- $ 1,490.00 City Tour $ 3,715.00 $- $- $ 3,715.00 Project Coordination $ 4,400.00 $- $- $ 4,400.00 Document Review $ 3,065.00 $ 2,570.00 $ 500.00 $ 6,135.00 Project Review $ 1,265.00 $- $- $ 1,265.00 Existing Conditions Analysis Report $ 6,890.00 $- $- $ 6,890.00 General Plan/Zoning Discrepancy Report $ 970.00 $ 6,832.00 $- $ 7,802.00 Vision Statement $ 745.00 $- $- $ 745.00 Community Engagement and Outreach Plan $ 1,265.00 $- $- $ 1,265.00 Outreach Phase 1: Project Introduction and Issue Identification $ 14,510.00 $- $- $ 14,510.00 $- $- $- $- $- $- Outreach Phase 2: Technical Report Review $ 8,070.00 $- $- $ 8,070.00 $- $- Outreach Phase 3: Public Review Draft Standards $ 14,510.00 $ 1,854.00 $- $ 16,364.00 $- $- $- $- $- $- Zoning Consistency Recommendations Memorandum $ 485.00 $ 5,928.00 $- $ 6,413.00 ODS Options and Recommendations Memorandum $ 10,460.00 $- $- $ 10,460.00 Draft Zoning Updates $ 485.00 $ 4,520.00 $- $ 5,005.00 Administrative Draft ODS $ 12,400.00 $- $ 4,000.00 $ 16,400.00 Public Review Draft ODS $ 7,620.00 $- $ 2,000.00 $ 9,620.00 Public Hearing Draft ODS $ 4,330.00 $- $ 500.00 $ 4,830.00 CEQA Compliance $ 260.00 $ 1,010.00 $- $ 1,270.00 Final Zoning Updates for Zoning/GP Consistency $ 485.00 $ 1,462.00 $- $ 1,947.00 Final ODS $ 1,490.00 $- $ 250.00 $ 1,740.00 Final Adoption Hearings $ 3,880.00 $- $- $ 3,880.00 JKA Reimbursable Expense Allowance ESA Reimbursable Expense Allowance TODO Reimbursable Expense Allowance TASK 1 TOTAL $ 12,065.00 $ 7,400.00 $250.00 $ 19,715.00 TASK 2 TOTAL $ 12,935.00 $ 9,402.00 $ 500.00 $ 22,837.00 TASK 3 TOTAL $ 38,355.00 $ 1,854.00 $- $ 40,209.00 TASK 4 TOTAL $ 10,945.00 $ 5,928.00 $- $ 16,873.00 TASK 5 TOTAL $ 24,835.00 $ 4,520.00 $ 6,500.00 $ 35,855.00 TASK 6 TOTAL $ 260.00 $ 1,010.00 $- $ 1,270.00 TASK 7 TOTAL $ 5,855.00 $ 1,462.00 $ 250.00 $ 7,567.00 3.2.1 Community Meeting 1, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 1 and Meeting Preparation 3.2.2 Study Session 1 (Joint PC/CC) and Meeting Preparation 3.3.1 Study Session 2 (PC) and Meeting Preparation 3.4.1 Community Meeting 2, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 2 and Meeting Preparation 3.2.2 Study Session 3 (PC) and Meeting Preparation $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 LABOR COST $ 105,250.00 $ 31,576.00 $ 7,500.00 $ 144,326.00 CONSULTANT TEAM TOTAL COST $ 149,774.00 PROPOSED BUDGETF Consultant Team Standard Scope of Services Proposal (WITHOUT COST) Per the OpenGov Procurement proposal upload instructions, this version of JKA’s proposal uploaded to Section 1: Proposal (WITHOUT COST) does not show the Proposed Schedule of Charges or Proposed Budget. A copy of JKA’s proposal WITH COST showing the Proposed Schedule of Charges and Proposed Budget is uploaded in the Section 2: Fee Proposal, per the OpenGov Procurement proposal upload instructions. Item 1P-121 29PROPOSED BUDGET Consultant Role in this Project TASK LABOR COSTJKA COST ESA COST TODO COST John Kaliski Environmental Tajima Open Urban Design andO t h Planning andE i t l R i LandscapeA hit t Consultant Role in this Project John KaliskiArchitects (JKA) EnvironmentalScience Associates (ESA) Tajima OpenDesign Oce (TODO) TASK LABOR COSTJKA COST ESA COST TODO COST A B C D Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Optional Menu of Additional Outreach Services Optional Service: ODS for Two-Story Residences, Additions, ADUs, and JADUs TASK 7 TOTAL $ 30,790.00 $- $ 3,500.00 $ 34,290.00 Web-Based Community Survey $ 7,620.00 $- $- $ 7,620.00 Additional Virtual Workshop w/ Interactive Exercise $ 7,620.00 $- $- $ 7,620.00 Best Design Practices Tour/Community Walk $ 10,910.00 $- $- $ 10,910.00 Pop-up at select community location (Farmer's Market, PublicLibrary, Park, etc.)$ 10,910.00 $- $- $ 10,910.00 Document Review $ 745.00 $- $ 250.00 $ 995.00 Project Review $ 745.00 $- $- $ 745.00 Outreach: Community Meeting $ 10,910.00 $- $- $ 10,910.00 Outreach: PC Study Session $ 2,250.00 $- $- $ 2,250.00 Outreach: ARC Meeting $ 1,350.00 $- $- $ 1,350.00 Administrative Draft ODS $ 8,660.00 $- $ 2,000.00 $ 10,660.00 Public Review Draft ODS $ 3,290.00 $- $ 1,000.00 $ 4,290.00 Public Hearing Draft ODS $ 1,870.00 $- $ 250.00 $ 2,120.00 Final ODS $ 970.00 $- $ 250.00 $ 1,220.00 Consultant Team Optional Services Proposal (WITHOUT COST) Per the OpenGov Procurement proposal upload instructions, this version of JKA’s proposal uploaded to Section 1: Proposal (WITHOUT COST) does not show the Proposed Schedule of Charges or Proposed Budget. A copy of JKA’s proposal WITH COST showing the Proposed Schedule of Charges and Proposed Budget is uploaded in the Section 2: Fee Proposal, per the OpenGov Procurement proposal upload instructions. Item 1P-122 APPENDICES 30 G Item 1P-123 I JOHN KALISKI, FAIA, NCARB MANAGING PRINCIPAL G.1 RESUMES OF KEY STAFF Since graduating from Yale Architecture School in 1982, John Kaliski has had a diverse career as an architect, urban designer, teacher, and writer. Before starting his own practice, his professional work included five years as a designer at Skidmore Owings Merrill, first in Houston, then in Los Angeles, followed by five years as Principal Architect of the Community Redevelopment Agency of the City of Los Angeles. He began a private practice in 1993 as a principal of AIJK. In 1994, he was recognized by TIME as one of fifty leaders who will shape the twenty-first century. Four times a Fellow of The Mayor’s Institute on City Design, he served as President in 2009 of the Los Angeles Chapter of the American Institute of Architects (AIA). His writings on cities and architecture have appeared in Design Book Review, the Harvard Graduate School of Design Magazine, ARCA, California Architect, Log and Cite, as well as the co-authored book, Everyday Urbanism, published in 1999 and 2009. He has taught history, theory, and studios at UCLA, USC, Cal Poly Pomona, SCI-Arc, The University of Houston, and The University of Michigan. Since founding John Kaliski Architects in 2000, John’s work has included design guidelines for the Hollywood Boulevard District, a vision plan for Los Angeles’ Crenshaw community, the Ocean Park Boulevard Complete Green Street, design of affordable small lot subdivision townhomes for Enterprise Foundation, continuing design of non-profit medical clinics for Mission City Community Network, the urban design of Metro’s East San Fernando Valley Transit Corridor project, private homes, and over 1,000 units of multi-family housing. His design work and writings have been recognized with awards from the AIA and the American Planning Association. On both urban design and architecture projects, John seeks to critically integrate client as well as public concerns and aspirations into practicable design outcomes. With three decades of experience working with and for clients and communities, John has developed the insight to bring together multiple viewpoints into constructible architecture and urban design that celebrates enduring community making. SELECTED PROJECT EXPERIENCE •El Segundo SB9 Unit Study and Design Recommendations (2021) •East San Gabriel Valley Area Plan (2021–2022) •Palmdale Multi-Family and Mixed-Use Design Standards (2021–2022) •Culver City Single-Family Residential Development Standards and Guidelines (2020) •Downey Single-Family Residential Development Standards (2018–2021) •Culver Crest Single-Family Neighborhood Hillside Development Standards (2017–2018) •Burbank Single-Family Neighborhood Compatibility Review and Design Guidelines (2015–2016) •City of Beverly Hills Single-Family Mass and Bulk Study (2013) EDUCATION Master of Architecture Bachelor of Arts, Architecture Yale University New Haven, Connecticut REGISTRATIONS Professional Architect California #C17945 PROFESSIONAL AFFILIATIONS Fellow, American Institute of Architects, Los Angeles Member, National Council of Architectural Registration Boards Member, American Planning Association Member, Windsor Village Historic Preservation Overlay District Advisory Board YEARS OF EXPERIENCE 39 G.1 RESUMES OF KEY STAFF Item 1P-124 II JOHN KALISKI, FAIA, NCARB MANAGING PRINCIPAL G.1 RESUMES OF KEY STAFF CURRICULUM VITAE FOCUS AND WORK Urban and environmental design (urban design standards and guidelines, urban design policy, transit-oriented design, and public realm design), design facilitation (workshops and public meetings), architecture (affordable and infill housing, mixed-use projects, and architecture for non-profits), and urban design theory and history (writing and lecturing). PROFESSIONAL REGISTRATION State of California Architecture License C17945 PROFESSIONAL EXPERIENCE John Kaliski Architects and URBAN STUDIO Los Angeles, California: 2000–present Principal Department of Urban and Regional Planning, UCLA Los Angeles, California: 2012–2018 Adjunct Faculty Price School of Public Policy, University of Southern California Los Angeles, California: 2009–2014 Faculty College of Architecture and Environmental Design, California Polytechnic University Pomona Pomona, California, 2000–2004 Faculty Southern California Institute of Architecture (SCI-Arc) Los Angeles, California, 1993–2001 Faculty Aleks Istanbullu John Kaliski Architecture and City Design Santa Monica, California: 1993–2000 Principal Community Redevelopment Agency of the City of Los Angeles (CRA/LA) Los Angeles, California: 1988–1993 Principal Architect Skidmore, Owings and Merrill (SOM) Los Angeles and Houston, Texas: 1984–1988 Architectural Designer Item 1P-125 IIIG.1 RESUMES OF KEY STAFF University of Houston College of Architecture Houston, Texas: 1982–1984 Assistant Professor EDUCATION Yale University New Haven, Connecticut Masters of Architecture: 1982 Bachelor of Arts (Architecture): 1978 PUBLISHED WRITINGS 1.“Your Next Front Yard” with Takako Tajima, Hancock Park Garden Club, 2017. 2.“A Substantive Design Man: John Leighton Chase, 1953–2010”, California Planning and Development Report, August 26, 2010. 3.“Why Signs? Why Now?” FORM Magazine: Pioneering Design, March/April 2009. 4.“Democracy Takes Command: New Community Planning and the Challenge to Urban Design” Urban Design, edited by William Saunders and Alex Kreiger, University of Minnesota Press, 2009. 5.“Nine in ‘09 for Los Angeles Architecture and Urban Design” FORM Magazine: Pioneering Design, January/ February 2009. 6.“A Babylon of Signs” written with Lorraine Wild, Design Observer (www.designobserver.com), January 2009. 7.“Design and Democracy Matters” “MiniCity: The Mini Mall in Los Angeles.” Everyday Urbanism (updated and expanded), edited by John Chase, Margaret Crawford, and John Kaliski . New York: Monacelli, 2008 8.“Everyday Urban Design” Writing Urbanism: A Design Reader, edited by Douglas Kelbaugh and Kit McCullough, Routledge, 2008. 9.“Democracy Takes Command”, Harvard Design Magazine 22, edited by William Saunders, Spring/Summer 2005. 10.“The Discontents and Pleasures of L.A. Now.” L.A. Now, edited by Richard Koshalek, Thom Mayne, and Dana Hutt, University of California Press, 2002. 11.“Measure your Urbanism”, Cite 53, Summer 2002. 12.“The Present City and the Practice of City Design.” Everyday Urbanism, edited by John Chase, Margaret Crawford and John Kaliski. New York: Monacelli, 1999. 13.“Making a Happening Main Street”, Cite, Houston, Texas, Fall 1999. 14.“Critique”, Architectural Record, June 1999. 15.“The City,” edited by Allen J. Scott and Edward W. Soja, Harvard Design Magazine, Winter/Spring 1998. 16.“Reading New Urbanism”, Design Book Review, Winter 1997. 17.“On Urban Making and the Craft of City Design”, California Architect, May 1994. 18.“Diversity/Prejudice and the Overcoming of an Architecture of Control”, form: Supplement, September 1993. 19.“The Shape of Los Angeles’ Millennial Future.” The Edge of the Millennium. New York: Wilson Guptal Books, 1993. 20.“Re-Visualizing The Dream: Los Angeles and the Future of the Single Family House.” RE: American Dream. Princeton: Princeton Architectural Press, 1993. 21.”Remaking L.A.: Global Villages” by Aaron Bretsky (featuring John Kaliski), The Los Angeles Times Magazine, December 13, 1992 Item 1P-126 IVG.1 RESUMES OF KEY STAFF 22.“Design for Housing: It’s Good to be Modern Again”, LA Architect, February 1991. 23.“Downtown Views, Will the Center Hold?”, Angeles, February 1991. 24.“Houston Architectural Guide” by Steven Fox, Cite, Winter 1991. 25.“A Discourse on Critical Digression”, LA Forum Newsletter. 26.“Towards Designed Public Space in Los Angeles”, LA Forum Newsletter, #6. 27.“Building Politics: The Role of the Architect/Urban designer”, LA Architect, October 1990. 28.“Good City Form” by Kevin Lynch, LA Architect. 29.“City Myth, City Reality, and City Voice in Houston”, Cite, Spring/Summer 1988. 30.“Shaping Things to Come” with Marc Futterman, LA Architect. 31.“Towers of Babble: Burton Pike’s The Image of the City in Modern Literature”, LA Architect, January 1988. 32.“On the Boulevard: Mclarand, Vasquez and Partner’s Wilshire Courtyard”, LA Architect, January 1988. 33.“The Braude/Yaroslovsky Planning Motions: Exalting the Present of Planning the Future” with Aleks Istanbullu and Robert Schaefer, LA Architect, June 1987. 34.“The Downtown Bypass: Is this Operation Necessary?” LA Architect, July 1986. 35.“Master Johnson’s House of Education”, Cite, Summer 1986. 36.“Letter form Los Angeles”, Texas Architect, February 1986. 37.“Houston in the Rear-View Mirror”, Cite, Winter 1985/1986. 38.“City Building in the New South: The Growth of Public Services in Houston, 1830-1915” by Harold Platt, Cite, Fall 1985. 39.“Crabbing about Preservation” with Stephan Fox, Cite, Summer 1985. 40.“Bread and Butter Improvements: A Courthouse Beautification”, Cite, Spring 1985. 41.“Houston, How and Why”, Texas Architect, September/October 1985. 42.“The Wright Stuff: Houston’s Natural House”, Cite, Fall 1984. 43.“Great from Afar, Far from Great: Helmut Jahn’s Southwest Center”, Cite, Summer 1984. 44.“United General Insurance Company”, Texas Architect, March/April 1984. 45.“Diagrams of Ritual and Experience: Learning from the Park Regency”, Cite, Summer 1984. LECTURES, SYMPOSIUMS, CHARRETTES, WORKSHOPS (PARTIAL LISTING) •MICD East, Mayor’s Institute on City Design, Graduate School of Architecture, Planning, and Preservation, Columbia University, New York, New York, December 14-16, 2011, Resource Team Member •Merhav - Movement for Israeli Urbanism (MIU), Israeli Mayor’s Institute on City Renewal, Tsefat, Israel, November 14 – 16, 2010, Resource Team Member •Cal Poly Pomona, Pomona, California, “When all else fails…what about Plan B?”, October 29, 2010, Lecture •Cal Poly Pomona, Los Angeles, California, “The Future of the Los Angeles City Planning Department (and the City of Los Angeles)”, August 4, 2010, Panelist •MICD West, Mayor’s Institute on City Design, Phoenix Urban Research Laboratory, Arizona State University, Phoenix, Arizona, March 10-12, 2010, Resource Team Member •Woodbury University, Burbank, California, “New Properties: Contemporary Ideas for the Future of Urban Cities in the American West”, March 2009, Panelist •University of Kansas, Lawrence, Kansas, “Minicity: The Architecture and Urbanism of Convenience”, February 2009. •Scottsdale Museum of Contemporary Art, Scottsdale, Arizona. “Minicity: The Architecture and Urbanism of Convenience”, lecture, November 2008 Item 1P-127 VG.1 RESUMES OF KEY STAFF •Rice University, “Good City, Good Citizen: Vision”, civic forum, July 2008. •The Los Angeles Region Planning History Group, Huntington Library, Pasadena, California. “The Architecture of Place and the Architecture of Object: The Uses of Invention and Convention”, panelist, June 2008. •K-8 Charette: Movement for Israeli Urbanism, Kiryat Shmona, Israel, participant, December 2007 Pacific Design Center, “Public Space LA!”, panelist, October 2007 •Bauhaus University Weimar, International European Urban Model Projects Forum, participant, February 2007 •Parsons the New School for Design, New York, “Democracy and Design Matters”, lecture, December 2006. •Congress for the New Urbanism, Pasadena, California, “Minicity”, presentation, June 2005. •Westside Urban Forum, Los Angeles, “Can the New Urbanism Work in the Old Suburbanism?”, panelist, April 2005. •AIA Los Angeles, Architecture + Design Museum, “NIMBYism: How Do We Get Beyond It?”, panelist, January 2005. •Bauhaus Universitat Weimar, “Everyday Urbanism”, lecture, November 2002. •Livable Places Design Walk, Los Angeles, “Rewriting the Rules: The Architects Role in Shaping Projects, panelist, May 2002. •MICD, Mayor’s Institute of City Design: La Jolla, 2000 •“Exploring New Urbanism”, Participant, Harvard GSD, Spring 1999 •LA River Charrette, Participant, 1998 •Urban Design Charrette, Leader, University of Washington, Spring 1998 •MICD, Mayor’s Institute on City Design: Charlottesville, Virginia, 1998. •Museum of Contemporary Art (MOCA) Architecture and Design Council, Los Angeles, “The Shape of the City”, June 1993. •Low Income Services Corporation (LISC), “Crenshaw Council District 10 Planning Charrette”, team leader, May 1993. •MOCA, “Art Talks”, “Louis I. Kahn’s Urban Projects”, March 1993, •City of South Pasadena Planning Commission, “Design Review and the Hollywood Boulevard District Urban Design Plan”, March 1993. •California Polytechnic University, College of Environmental Design, Pomona, “The Shape of Los Angeles’ Millennial Future”, February 1993. •University of California San Diego (UCSD) School of Architecture, “Borderlines” charrette participant, December 1992. •UH College of Architecture, “Why Plan What?”, symposium participant, October 1992. •Mayor’s Design Lecture Series, Los Angeles, “The Shape of Los Angeles’ Millennial Future”, April 1992. •Pacific Design Center Westweek, West Hollywood, CA, “Editorial Directions”, symposium moderator, March 1992. •Fifth Annual West Hollywood Urban Design Conference, West Hollywood, “Are Mass Transportation and Freeways the Only Game in Town?”, symposium participant, March 1992. •Cooper Hewitt Museum, New York, “The Edge of the Millennium: The City, Spirit and Form”, symposium participant, January 1992. •UCSD School of Architecture, “Converging Lines”, symposium participant, November 1991. Los Angeles Cultural Affairs Department, “RE: American Dream”, symposium moderator, August 1991. •American Institute of Architects (AIA), Los Angeles Chapter, “Focus on Architecture and Urban Design”, symposium participant, June 1991. •Sci-Arc, “Dialogue on Creative Real Estate Investment”, symposium participant, June 1991. •University of Southern California (USC), Los Angeles, “Art in Public Places Conference, invited workshop participant, May 1991. Item 1P-128 VIG.1 RESUMES OF KEY STAFF •MOCA, Art Talk’s “MOCA / Downtown: Museums of Urban History”, April 1991. •Los Angeles Tall Buildings Structural Design Council, Los Angeles, “Second Conference on Tall Buildings in Seismic Regions”, symposium participant, May 1991. •AIA Los Angeles Chapter, “AIA Regional Urban Design Committees Annual Meeting”, symposium participant, October 1990. •SCI-Arc, “The Draft Hollywood Boulevard District Urban Design Plan”, October 1990. •City of Frankfurt, Federal Republic of Germany, “Grungurtel Design Workshop,” team leader, September 1990. •University of California Los Angeles Graduate School of Architecture and Urban Planning, “siteWORKS”, symposium participant, May 1990. •Pacific Design Center, “LA21: A Vision of the Future and Those Who Will Make the Design Difference in the Next Century”, symposium participant, March 1990. •California Institute of the Arts (Cal Arts), Los Angeles, “The Design of LA”, symposium moderator, February 1990. •Pacific Southwest Regional Council of the National Association of Housing and Redevelopment Officials (NAHRO), San Diego, “Urban Design Considerations in Redevelopment Project Areas and the 24 Hour Downtown”, symposium participant, November 1988. •USC, Lusk Center for Real Estate Development, “Developing an Urban Quality of Life”, symposium participant, November 1988. •The Los Angeles Historic Theater Foundation, Los Angeles, “Why Downtown Entertainment Districts Make Sense”, symposium participant, August 1988. •College Art Association, Houston, “Houston: the Making of a City”, symposium participant, February 1988. •The Cooper Hewitt Museum, “Finding Voice in Houston”, lecture, March 1986. •UH College of Architecture, “Reconsidered Modernism”, symposium moderator, November 1984. American Collegiate Schools of Architecture (ACSA)/AIA Regional Conference, Austin, Texas, Houston’s Natural House”, lecture, October 1984. •Rice Design Alliance (RDA), Houston, “The Role of the Press/Criticism in Architecture”, organizer, January 1984. •UH College of Architecture, “The Meaning of Gothic and the Idea of Modern”, lecture, March 1983. •UH College of Architecture, “Skyscrapers of the 1950s: Questions Concerning a Tradition of Design Competence”, lecture, June 1982. ACADEMIC APPOINTMENTS AND JURIES •City of Los Angeles Mayor’s Design Advisory Panel: 2009 •Lecturer, University of Southern California College of Architecture, “Architecture in the Urban Landscape”, Spring 2009–Spring 2011 •California Polytechnic University Pomona (Cal Poly Pomona), Visiting Design Studio Faculty, Winter 2004, Winter 2005, and Winter 2006. •University of Michigan, Distinguished Urban Design Critic, Spring 2000. •National AIA Design Awards, Urban Design Juror, 1998 •Southern California Institute of Architecture, Design Studio Faculty and History/Theory Faculty: 1987–2001. •Progressive Architecture Annual Awards, Urban Design Juror: 1992. •University of Southern California College of Architecture, Adjunct Faculty: Fall 1992. •UH College of Architecture, Assistant Professor: 1982–1985. •AIA/San Antonio Chapter, San Antonio, Texas Chapter Awards, Juror: 1984. •Academic Juror: Cal Poly Pomona, Kansas University, Rice University, Texas A&M, University of Cincinnati, Item 1P-129 VIIG.1 RESUMES OF KEY STAFF UCLA, University of Houston, University of Southern California, Yale. ORGANIZATIONS •American Institute of Architects Los Angeles: Fellow, 2020; President, 2009; Vice President, 2008; Member, Board of Directors 2006–2007; Chair Political Outreach Committee, 2005; Vice Chair Political Outreach Committee, 2004. •American Planning Association: Member, 2017–present. •Southern California Association of Non-Profit Housing: Member, 2018–present •Wilshire Park, Country Club Park, and Windsor Village Historic Preservation Overlay District Advisory Board: Member, 2015–present. •University Park Historic Preservation Overlay Zone Advisory Board: Member, 2000–2003. •St. Elmo’s Village: Member, Board of Directors, 1999–2009 •American Institute of Architects National Regional and Urban Design Committee: Chair, 1995; Member, Advisory Board, 1992–1998. •The Los Angeles Forum for Architecture and Urban Design: Member, Board of Directors, 1989–1994. •Museum of Contemporary Art, Los Angeles: Architecture and Design Council, Board Member, 1993. •American Institute of Architects Los Angeles Urban Design Committee: Chair, 1987. •LA Architect: Member, Editorial Board, 1987–1994. •Rice Design Alliance: Member, Board of Directors, 1983–1985. •Cite: Chairman, Editorial Board, 1984–1985. AWARDS •American Planning Association Los Angeles, Urban Design Award of Merit for City of Downey Single-Family Residential Design Guidelines, 2022 (with City of Downey). •American Institute of Architects Cincinnati, Certificate of Appreciation, February 2005. •Progressive Architecture Award, MTA Pedestrian Bridge, 2000 (with Morphosis). •American Planning Association Houston Section Highest Honor for Journalism, “The Main Idea: A Competition for Remaking Main Street”, 1999. •American Planning Association Houston Section Highest Honor for Strategic Planning, The Houston Framework, 1998. •Time Magazine’s “50 For the Future: Roster of America’s most promising leaders age 40 and under”, December 5, 1994. •National Endowment for the Arts Individual Project Grant, “An Urban Design Manual for Los Angeles Boulevard Corridors”, 1992. •Christopher Tunnard Memorial Scholarship, Yale University (presented for outstanding academic performance in planning), 1982. EXHIBITIONS •“Unfinished Business: 25 Years of Discourse in Los Angeles”, WUHO Gallery, Los Angeles Forum for Architecture and Urban Design, Hollywood, California, July–August 2012 •“A Place in the Sun: Visualizing Los Angeles Public Spaces”, The Armory Center for the Arts, Pasadena, CA, June 27–August 8, 1998 •“101 New Blood”, Pacific Design Center, Yale University, 1998–99 Item 1P-130 VIIIG.1 RESUMES OF KEY STAFF EDUCATION Master of Architecture Bachelor of Science, Architecture University of Michigan Ann Arbor, Michigan REGISTRATIONS LEED AP Neighborhood Development AWARDS 2021 Transportation Planning Award, APA Los Angeles Section for “Complete Our Streets – Burbank Citywide Complete Streets Plan 2020 Merit Award, American Planning Association – Inland Empire Section, South Colton Livable Corridor Plan PROFESSIONAL AFFILIATIONS Member, American Planning Association YEARS OF EXPERIENCE 6 Amee Bhatt joined JKA in 2021 with five years of experience in architecture, urban design, and planning. At JKA, Amee manages all urban design projects. For the East San Gabriel Valley Area Plan, she worked on the Community Character and Design Element, which involved an analysis of residential, commercial and public realm patterns of 24 unincorporated communities and the creation of goals, policies, and actions to enhance the evolving landscape. Amee has authored multi-family and mixed-use objective design standards that comply with SB9 and maintain the character of single-family neighborhoods in El Segundo. She has also developed building prototypes and calculated opinions of cost for economic feasibility studies for a Beverly Hills Unified School District-owned site exploring multi-family housing alternatives. In her previous experience as an Urban Designer at Dudek, Amee made key contributions to projects throughout Southern California, including the City of Burbank Complete Streets Plan, Mira Mesa Community Plan Update, South Colton Livable Corridor Plan, Oso Creek Golf Course and Open Space Vision Plan in the City of Mission Viejo, and the Meadows Specific Plan in Sierra Madre. Amee places a special emphasis on the quality of the public realm and pedes- trian experience and strives to create active, engaging, and sustainable places drawing on her skills as an urban designer. SELECTED PROJECT EXPERIENCE •El Segundo Multi-Family Housing Design Standards (2023) •East Palmdale Boulevard & 40th Street East Masterplan (2023) •Metro Joint Development Housing Accelerator Strategic Planning (2022) •Beverly Hills Unified School District Feasibility Study (2022) •El Segundo SB9 Unit Study and Design Recommendations (2021) •Santa Barbara Economic Feasibility Study (2021) •East San Gabriel Valley Area Plan (2021–2022) •Palmdale Multi-Family and Mixed-Use Design Standards (2021–2022) AMEE BHATT, LEED AP ND URBAN DESIGN PROJECT MANAGER Item 1P-131 IXG.1 RESUMES OF KEY STAFF CURRICULUM VITAE PROFESSIONAL EXPERIENCE John Kaliski Architects, Urban Design Project Manager: 06/2021–Present •Parsed State legislation and city zoning code, produced an Existing Conditions, Findings, and Considerations Report, developed recommendations, and drafted an ordinance amending the City of El Segundo’s existing zoning code to accommodate for urban lot splits in the City’s residential neighborhoods under SB9 •Responsible for the development of design standards and guidelines for multiple planning projects •Drafted the Community Character and Design Element for the East San Gabriel Valley Area Plan, consisting of a summary of existing residential, commercial, and public realm character of 24 unincorporated communities in the East San Gabriel Valley and correlating community findings, goals, and policies Dudek, Urban Designer: 02/2019–05/2021 •Analyzed existing conditions of the city, organized and participated in community outreach events, and prepared the layout and drawings for the Burbank Complete Streets Plan •Developed design studies for the City of Fullerton’s Housing Incentive Overlay Zone Analysis •Researched precedents, contributed to the schematic design, and prepared framework diagrams for the Mira Mesa Community Plan Update •Prepared renderings, community outreach displays, and the layout for the final South Colton Livable Corridor Plan •Identified key observations and principles of the project site, prepared presentations for both internal and public meetings for the Oso Creek Golf Course and Open Space Vision Plan in Mission Viejo, CA Design Earth, Research Assistant: 05/2018-08/2018 •Curated a collection of scholarly work that correlated climate change with architectural representation IBI Group, Architectural Designer: 2015-2016, Summer 2017 •Designed and managed the United Way Torch flame project in downtown Detroit •Collaborated with MIG Construction to create construction documents for renovations and additions to the Motor City Casino in Detroit, MI •Contributed to the programming, master planning, and schematic design for various commercial and industrial projects, with leadership in the design of the King Abdullah Economic Center Mosque •Managed the “D-90 Initiative,” a collection of research and internal presentations for company awareness about Detroit and its potential for business (Summer 2017) EDUCATION The University of Michigan Ann Arbor, Michigan Master of Architecture: 2018 AMEE BHATT, LEED AP ND URBAN DESIGN PROJECT MANAGER Item 1P-132 XG.1 RESUMES OF KEY STAFF The University of Michigan Ann Arbor, Michigan Bachelor of Science, Architecture: 2014 SKILLS •Software: 3D Printing (MakerBot), Adobe Creative Suite, ArcMap, AutoCAD, Lumion, Microsoft Office, Revit, Rhino (+VRay for Rhino), Sketchup •Architecture and Design Skills: Sketching, Physical Model Making, 3D Modeling, Renderings, Architectural Drafting, Map Making •Language: English (primary), Gujarati, Hindi ORGANIZATIONS •NCARB: 2014-Present •American Planning Association: Member, 2022-Present Item 1P-133 XIG.1 RESUMES OF KEY STAFF GERMAN DIAZ, ASSOCIATE AIA DESIGNER German Diaz joined JKA in 2022 as a Designer, coming in with previous experience with design practices and craftsmanship. Prior to his work at JKA, German worked as an architectural designer and for an interior furniture artist. From a young age, German was around design practices and has a family background in landscape practice and design. German’s approach to work is organized and strategically driven. At JKA, he works on a variety of both urban design and architecture projects. He is currently helping with creating site plans for an Objective Design Standards project in El Segundo and conducting zone analysis to determine which areas can lead to development. German’s architectural design experience includes both hospitality and residential projects. Most recently, designed a shade system for Lulu, a restau- rant in UCLA’s Hammer Museum. The design allowed the restaurant to operate under various weather conditions with a shade that protects the interior from wind and rain. German’s ongoing work at JKA includes schematic design for several multi-family housing projects. He is interested in a multidisciplinary practice where the intersection of design, animation, interactive environments and radical architecture explorations all come together. Outside of JKA, German creates art through a variety of mediums, whether it’s digital sculpting, coding, or molding with resin. SELECTED PROJECT EXPERIENCE •El Segundo Multi-Family Housing Design Standards (2023) •East Palmdale Boulevard & 40th Street East Masterplan (2023) •Lulu Restaurant Courtyard Winterization (2022) •5144 Crenshaw Boulevard Apartments (2021–Ongoing) •6901 South Western Avenue Apartments (2021–Ongoing) •1213 West Vernon Avenue Apartments (2021–Ongoing) EDUCATION Bachelor of Architecture Southern California Institute of Architecture (SCI-Arc) Los Angeles, CA PROFESSIONAL AFFILIATIONS Associate Member, American Institute of Architects Los Angeles YEARS OF EXPERIENCE 2 Item 1P-134 XIIG.1 RESUMES OF KEY STAFF GERMAN DIAZ, ASSOCIATE AIA DESIGNER CURRICULUM VITAE PROFESSIONAL EXPERIENCE John Kaliski Architects, Designer: 2022–present •Creates site plans and conducts zone analysis for objective design standards projects. •Conducts lot resizing and street developments for master plans. •Conducts site surveys and identifys different zoning contexts. •Prepares schematic design drawings and construction documents for a variety of different multi-family housing projects of different scales. •Designed a shade system for a restaurant, allowing it to operate under different weather conditions. David Wiseman Studio, Digital Fabricator: 2021–2022 •Explored design and the production process through integration of concept, computation, and fabrication. •Effectively initiated production of design models and drawings using computation design and programming. Chait & Company, Designer; 2018–2018 •Preparation of schematic drawings and construction drawings using Revit. •Worked with team and consultants for structure alterations and site development. •Created as-built documents utilizing images and AutoCAD drawings to create storefront entrance system. •Prepared construction drawings for the permit process of tenant improvments. Marcelino Diaz Landscaping Inc, Landscape Enhancement Manager; 2016–2021 •Reviewed and coordinated project bidding. •Coordinated delivery of project plans and materials. •Prepared job sites, plans and laid out components. •Installed irrigation systems and ensured planting quality standards. EDUCATION Southern California Institute of Architecture Los Angeles, California Bachelor’s Degree in Architecture: 2021 Rio Hondo College Rio Hondo Associate of Science in Architecture: 2015 ORGANIZATIONS American Institute of Architects Los Angeles; Associate Memeber, 2022–Present Item 1P-135 XIIIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP Urban Planner Environmental Science Associates esassoc.com Shannon is an urban planner with 20 years’ experience specializing in managing long- range planning documents as well as processing complex land use entitlement projects. Ms. Wages has successfully managed the preparation of multiple general plans, specific plans, housing element updates, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Ms. Wages has extensive housing experience, including assisting seven jurisdictions in updating their Housing Elements during this sixth housing element planning period, including for the cities of Indio, Highland, Lomita, Mountain View, Irwindale, Napa County and Santa Barbara County. With a background in current planning, Ms. Wages also has extensive experience entitling projects on the heels of general plan and housing element updates, ensuring their compliance with State law and local goals, policies and ordinances. As such, Ms. Wages is well versed in housing law and policy, including as it relates to SB 9, SB 35 and other housing streamlining legislation. Relevant Experience County of Los Angeles Regional Planning Department, East San Gabriel Valley Area Plan Components and Program EIR, Los Angeles County, CA. Lead Land Use Planner. Shannon directed the preparation of a Land Use Element for the Los Angeles County East San Gabriel Valley Area Plan (ESGVAP). The ESGVAP is a regional planning document to guide development, manage growth, and improve the sustainability and quality of life in the East San Gabriel Valley. The main objective of the ESGVAP is to help this region sustainably grow around transit and commercial centers. Shannon prepared sustainable growth scenarios for each of the 24 unincorporated communities. Recommendations included targeting growth within a half mile of designated high-quality transit areas and major transit and commercial/employment centers, transitioning to clean industry near industrial/residential interface areas, strengthening amenities and resources in underserved locations, and preserving sensitive resource areas. City of Irwindale Housing, Safety, and Environmental Justice Elements, Irwindale, CA. Project Manager. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. The City is entirely within a superfund site and is heavily industrialized, with a large daytime employment population (~40,000) and a small resident population (>2,000). The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community. Shannon is overseeing the preparation of the Environmental Justice Element and update to the City’s Safety Element. The focus of this planning effort is to improve the sustainability, resilience, health and safety of the community. Key topics of concern for both residents and employees include the need to improve air quality through cleaner industry, improve bike and pedestrian infrastructure, and increase the City’s tree canopy. Access to healthier food options, improved recreational resources, reduced crime, and the EDUCATION MA, Urban Planning/Design, University of Southern California BA, Humanities/Spanish, Brigham Young University 20 YEARS’ EXPERIENCE CERTIFICATIONS/ REGISTRATION American Institute of Certified Planners PROFESSIONAL AFFILIATIONS American Planning Association American Society of Adaptation Professionals Item 1P-136 XIVG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com addition of affordable housing for all stages in life are also emphasized. Shannon is also working with the community to identify sites to accommodate the City’s regional housing need, and prepare a Housing Element Update consistent with state law. Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Shannon managed the preparation of the Safety Element Update. City of Mountain View, Housing Element Update and EIR. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. As senior planner, Shannon helped oversee and prepare the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA. City of Burbank, Pickwick Gardens SB 35 Project Review, Burbank CA. Project Manager. ESA provided planning consulting services to the City of Burbank in connection with a proposed Senate Bill (SB) 35 residential streamlining project located at 1001 W. Riverside Drive. The purpose and requirements of SB 35 is to facilitate and expedite the construction of housing for developments in localities that have not yet made sufficient progress towards their allocation of the regional housing need. The Project is comprised of 96 three-story townhomes ranging from 1,200 square feet (sf) to 1,850 sf on the site of the Pickwick Bowling Alley in Burbank. Shannon facilitated the review and processing of the Project development application in compliance with SB 35 and tribal consultation requirements, including all applicable objective general plan, zoning, subdivision, and design review standards. Eastern Coachella Valley Action Plan for Climate Resilience, Riverside County, CA. Project Manager. Shannon served as project manager for the preparation of the Eastern Coachella Valley’s Action Plan for Climate Resilience. She oversaw an internal team of technical specialists and helped facilitate local stakeholders and regional agencies identify policy gaps in creating projects that are resilient to climate-related hazards and eligible for grant funding. As part of this project, Shannon and team performed a disruptive trend analysis to discuss trends and technology in housing and sustainability that have emerged since many of the regional plans were written. The Final Action Plan serves as an implementing document to fund green infrastructure, affordable housing, parks, and transportation projects with broad community support and specific funding sources. Item 1P-137 XVG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com City of Long Beach, Globemaster Corridor Specific Plan, Long Beach, CA. Project Manager. Shannon served as Project Manager for preparation of a Specific Plan for an area encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The GCSP includes a vision, goals and policies; integrated land use and mobility plan with a complete streets network; development regulations and design guidelines; and an implementation program to achieve a twenty-first century employment district. Shannon facilitated four workshops to present the components of the Plan at each milestone, drawing members of the business community, residential neighborhoods, property owners and interested residents of Long Beach for each workshop. She incorporated community comments into the Plan at each stage, ensuring that the Plan reflects the vision of the community to attract and optimize new work opportunities and become a flexible, commercial, industrial, mixed-use district, with improved pedestrian, bicycle, and transit mobility; open space and amenities; and enhanced design and functionality for the workforce environment. Old Town Revitalization Plan Development Standards and TOD Packing House District, City of Placentia, CA. Principal-In-Charge. Shannon served as principal-in-charge of both the Placentia Old Town Revitalization Plan Development Standards and TOD Packing House District, two adjacent plan areas north and south of the light rail line. Both plans were prepared concurrently to encourage an appropriate mixture and density of activity around the Metrolink station to increase ridership and promote sustainable modes of transportation. The development standards seek to encourage infill development that contributes to creating a compact walkable pattern with a complementary mix of land uses all within a comfortable walking distance of the station. The Old Town plan furthermore aims to preserve and enhance the distinguishable “village” look and feel of Old Town Placentia. These projects were done in tandem with a development application for a catalytic multi-family residential development project, which allowed us to “test” the plans with a real-life project to ensure they lead to a successful outcome. The TOD Plan received a 2019 SCAG Sustainability Award in Efficient & Sustainable Land Use. Historic Downtown Upland Specific Plan, Upland, CA. Project Manager. Shannon managed preparation of the Historic Downtown Upland Specific Plan and EIR. The Specific Plan aims to revitalize the heart of Upland with appropriately scaled development that accommodates increased density around the existing Metrolink Station, while preserving the historic character and heritage of this area. The plan includes a comprehensive development code as well as design standards and guidelines for both the public and private realms. This project was awarded a Comprehensive Planning Award for a Small Jurisdiction by the Inland Empire Chapter of the California American Planning Association. Shannon conducted an extensive outreach program at the local and citywide level; maintained a project website; and lead walking tours. The project was completed within the allotted schedule and budget. MetroWalk Specific Plan, City of Santa Clarita, CA. Project Manager. Shannon managed the preparation of the MetroWalk Specific Plan, a new transit-oriented residential community in proximity to the City’s new Metrolink Station, Bus Transfer Station and Vista Canyon Town Center mixed-use community. The Specific Plan contains the development plans, infrastructure development plans, development regulations, design guidelines, and implementation program to facilitate additional high-quality, attainably priced, multi-family residential apartments and townhomes with an emphasis on fostering a walkable, green environment and a mix of market rate and affordable housing units for seniors and all-age groups. City of Santa Clarita, CrossRoads Specific Plan, Santa Clarita, CA. Project Manager. Shannon is currently managing the preparation of the Crossroads at Via Princessa (Crossroads) Specific Plan, which establishes the development plans, infrastructure development plans, development regulations, design guidelines, and implementation program necessary Item 1P-138 XVIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com to achieve the orderly and compatible development of the Crossroads Specific Plan project area (Plan area), a proposed new mixed-use development in the City of Santa Clarita (city). The Specific Plan is intended to provide the framework to facilitate new, high-quality residential, retail/commercial, business park, and office uses within the greater, established Canyon Country community, and to aesthetically integrate the new uses with the adjacent development and open space. This Specific Plan is consistent and compatible with the provisions, goals and policies, where applicable, of the City of Santa Clarita General Plan. City of Upland GPU, Housing Element Update, Zoning Code Update, Climate Action Plan, Airport Land Use Compatibility Plan and EIR, Upland, CA. Project Manager. Shannon was the project manager for this multiyear, multi- plan project, which provided a comprehensive and integrated blueprint for growth and preservation of the City of Upland. The General Plan is user friendly and included all required General Plan elements in addition to economic sustainability, community character, and health. The GPU process included an extensive public participation and outreach program that played a key role in the development of focused goals and policies in each element. The Climate Action Plan (CAP) identified strategies to reduce greenhouse gas emissions in the City in accordance with state and regional goals. The Zoning Code was also comprehensively updated to facilitate consistency with, and implementation of, the General Plan. The program EIR analyzed the environmental impacts associated with adoption and implementation of the GPU. Key issues included air quality, greenhouse gas emissions, historic resources, noise, and transportation and traffic. The EIR has successfully helped streamline subsequent development projects in accordance with the General Plan Vision. City of Indio Housing Element Update and Pro-Housing Strategies, Indio, CA. Project Manager. Shannon served as Project Manager in charge of the City of Indio’s Housing Element Update. This two-part project comprehensively updated the City’s 2014-2021 Housing Element for compliance with the requirements of the 6th Cycle Regional Housing Needs Assessment process; and to evaluate pro-housing policies focused on financial issues, including direct financial incentives, organization strategies, fee strategies, trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval and construction of housing. As part of this effort, she worked closely with staff to organize and facilitate a community outreach approach that brought stakeholders and the community together to work on identifying housing needs and collaborating to develop solutions for meeting the housing needs of all members of the population, with an emphasis on affordable housing production. City of Lomita, Housing and Safety Element Updates, Lomita, CA. Principal-in–Charge. Shannon worked closely with City staff and the broader community through an extensive outreach program to understand the local housing needs and to develop a comprehensive list of goals, policies, and actions that provide a clear pathway to address the housing need while ensuring all legislative requirements are met. Further, as part of the preparation of the Housing Element update, Shannon facilitated the preparation of a detailed inventory of land within the City that is available and suitable for the development of housing, paired with program recommendations to facilitate housing development. Concurrently, Shannon oversaw the update of the City’s Safety Element, which included a detailed assessment of the hazards affecting the City, when they may occur, here the City is most vulnerable, and which communities are most impacted by hazards. City of El Cajon Housing, Safety, and Environmental Justice Elements, El Cajon, CA. Principal-In-Charge. Shannon served as principal in charge of the City of El Cajon Housing, Safety, and Environmental Justice Elements. She oversaw the project to ensure that all elements were internally consistent with each other and the City’s General Plan. The Housing Element identified appropriate sites for the additional 3,000 units needed to meet the Regional Housing Needs Assessment and provided a roadmap to implement specific objectives with funding sources and responsible agencies. Item 1P-139 XVIIG.1 RESUMES OF KEY STAFF Shannon Wages, AICP (Continued) Urban Planner Environmental Science Associates esassoc.com The Safety and Environmental Justice Elements provided a succinct assessment of the natural hazards, climate change effects, and public health issues facing the City of El Cajon and also provided specific and actionable policy that addressed safety needs community wide, including policies specific to the disadvantaged communities. Highland Housing, Safety, and Environmental Justice Elements, Highland, CA. Principal-In-Charge. Shannon served as principal in charge of Highland’s Housing and Safety (including Environmental Justice) Elements and acting as project manager of the Housing Element. The Housing Element identified appropriate sites needed to meet the Regional Housing Needs Assessment. She helped to develop programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community. Shannon also oversaw the preparation of a detailed assessment of the hazards affecting the City of Highland, when they may occur, where the City of Highland is most vulnerable, and which communities are most impacted by hazards. Item 1P-140 XVIIIG.1 RESUMES OF KEY STAFF Marlie Long Managing Associate Environmental Science Associates esassoc.com Marlie Long has over 8 years of experience assisting in various project management roles and as a contributing technical author in the preparation of CEQA and NEPA documents ranging from exemptions to project- and program-level EIRs and Environmental Impact Statements (EISs) to ensure environmental compliance at the federal, state, and local levels. She has worked on interdisciplinary consultant teams for a variety of projects throughout California and the southwest. Marlie specializes in the management and preparation of programmatic analyses as a tool to help clients structure CEQA documents to allow for future streamlining and cohesion amongst projects within a jurisdiction. She also is responsible for assigning and adjusting staff resources within the internal and external teams, management-related tasks, internal review and quality control, internal and external coordination, as well as authoring and production of documents. Relevant Experience General, Master, and Specific Plan Projects City of Irwindale Update to the General Plan: Housing, Safety, and Environmental Justice Elements Focused EIR, Irwindale, CA. Project Manager. Marlie is currently managing the preparation of the Focused EIR for the City of Irwindale Update to the General Plan for updates to the Housing Element and Safety Element as well as for the creation of the new Environmental Justice Element. Marlie has been responsible for liaison with the City and the ESA’s team, including a traffic subcontractor, from the initiation of the project. ESA is preparing a scoped Initial Study and a Focused EIR to evaluate the environmental impacts of the proposed General Plan updates. City of Caron, The District at South Bay Supplemental EIR, Carson, CA. Deputy Project Manager. Marlie assisted in the management of the preparation of a Supplemental EIR and technical studies for the District at South Bay Project for the City of Carson. She also authored numerous sections of the SEIR, specifically the Project Description, Land Use and Planning, Other Environmental Considerations, and Alternatives analyses. The project consisted of an amendment to the Boulevards at South Bay Specific Plan adopted by the City (to be renamed “The District at South Bay Specific Plan”) and related improvements. Specifically, the revised project would modify or otherwise reduce the scope of the original project to ultimately consist of approximately 1,834,833 sq. ft. of regional commercial, general commercial and related uses, including outlet and entertainment uses, no more than 1,250 residential units, and 350 rooms total in two hotels. The 2006 EIR for the Boulevards at South Bay Specific Plan previously assessed proposed remediation of the project site, since the site was a former landfill site. The proposed revised project retains the phased remediation of the project site and the subsequent development of urban uses, although clarifications are provided as to how development will be proposed to take place in phases. EDUCATION BA, Environmental Studies, University of San Diego, Magna Cum Laude 8 YEARS’ EXPERIENCE PROFESSIONAL AFFILIATIONS Association of Environmental Professional (AEP) Active Member Urban Land Institute (ULI) Active Member PROFESSIONAL DEVELOPMENT NEPA Workshop Series, Association of Environmental Professional Intermediate CEQA Workshop Training, Association of Environmental Professionals Advance CEQA Workshop Training, Association of Environmental Professionals Item 1P-141 XIXG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com City of Temecula, Altair Specific Plan, Temecula, CA. Environmental Planner. Assisting the City of Temecula, Marlie served as a contributing author in the preparation of the Final EIR for the proposed Altair Specific Plan. The proposed project includes a Specific Plan, General Plan Amendment, Subdivision Maps, and Development Agreement to allow for development of up to 1,750 residential units, limited neighborhood-serving commercial, civic/institutional uses including a community-serving Nature Center, parks, and open space within a 270-acre area in the southwesterly portion of the City of Temecula, west of Old Town, located south of Ridge Park Drive and westerly of Pujol Street. In addition, the proposed project would construct the Western Bypass linking Temecula Parkway with Rancho California Road and includes offsite utility extension improvements, such as sewer and water. Specifically, Marlie assisted in preparing the Findings and the MMRP for the Final EIR. County of Madera, Castellina Specific Plan EIR, Madera County, CA. Environmental Planner. Marlie assisted with the preparation of the Program EIR for the Castellina Specific Plan as she authored various EIR sections. The Castellina Specific Plan includes the plan for the development of a master planned mixed-use community on an approximately 792- acre site in unincorporated Madera County northeast of the City of Madera. Key environmental issues included water supply, transportation, and aesthetics. City of Escondido, Escondido Country Club Specific Plan Program EIR, Escondido, CA. Peer Review. Assisting the City of Escondido, Marlie provided third-party peer review and editing of the response to comments for the Escondido Country Club Project Program EIR. The project is located in the City of Escondido and proposes to adopt a Specific Plan for the former site of the Escondido Country Club golf course. Paseo Del Sol Tiered MND City of Caron, The District at South Bay Addendum, Carson, CA. South Campus Specific Plan Amendment City of Carson, Carson2040 General Plan Update Program EIR, Carson, CA. East San Gabriel Valley Area Plan Program EI City of Redondo Beach, Housing Element Update IS/ND, Redondo Beach, CA. City of Palos Verdes, Housing Element Update IS/ND, Palos Verdes, CA Los Angeles World Airports (LAWA), Los Angeles Airport Northside Areas 1 and 2A Directors Report, City of Los Angeles, CA. Deputy Project Manager. Community Development Projects City of Long Beach, The Mosaic Project Addendum, Long Beach, CA. Project Manager. Marlie is managing the preparation of an Addendum to the Final EIR for the Downtown Plan Program EIR for the Mosaic Project. The project proposes the development of three 8-story buildings and a standalone retail pavilion on an approximately 5.5-acre site within the Downtown Plan area in the city of Long Beach. The project was evaluated under the Land Use Equivalency Program for the Downtown Plan area, which allows for the exchange of the assumed land uses evaluated in the Downtown Item 1P-142 XXG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com Plan Program EIR such that applicable regulations are satisfied. Key environmental issues included air quality, land use and planning, and noise. City of Thousand Oaks, Arroyo Villa Apartments Expansion Project IS/ND, City of Thousand Oaks, CA. Project Manager. Marlie is serving as the Project Manager for the Final Initial Study/Negative Declaration (IS/ND) for the Arroyo Villa Apartment Expansion Project, where she is assisting the City with the submittal of the final document as well as offering technical support through the public hearings process. The project includes the expansion of the existing Arroyo Villa Apartments directly adjacent to and north of the project site for the development of three two-story buildings that would consist of a total of 27 residential units, of which 4 would be affordable housing units. City of Solana Beach, 330 Cedros Solana Beach Appendix N Infill Environmental Checklist, Solana Beach, CA. Deputy Project Manager. Marlie prepared an Appendix N Infill Environmental Checklist for the City of Solana Beach to streamline the CEQA process for infill development. The proposed project consists of the redevelopment of an existing 40,937-square-foot site located in the southwest portion of the City of Solana Beach. The project proposes the demolition of an existing nursery and associated structures, and the development of a 26,137-square-foot mixed-use project. The project would include four commercial retail spaces, a restaurant, five office spaces, eight residential units, and associated parking. The project site is located within the Coastal Zone and is within the Highway 101 Specific Plan. A Class 32 Urban Infill Categorical Exemption will be used for the project CEQA document. City of Moreno Valley, Moreno Valley Logistics and Commercial Jobs Initiative, Moreno Valley, CA. Deputy Project Manager. Marlie was a contributing author of the Initiative document and also assisted in overseeing ESA staff work and other project management tasks. The Moreno Valley Logistics and Commercial Jobs Initiative was circulated to adopt a General Plan Amendment and Zone Change on the 158.4-acre Highland Fairview Corporate Park (HFCP) site to facilitate a development proposal for the currently undeveloped portion of the site. The HFCP site is currently partially developed with a 1,820,000 square foot (SF) building containing logistics warehouse and support office/commercial uses currently leased by Skechers USA. City of Los Angeles, 670 Mesquit Street Mixed-Use EIR, Los Angeles, CA. Environmental Planner. Marlie served as a contributing author in the preparation of the EIR for the 670 Mesquit Street project in the City of Los Angeles. The proposed project is a mixed-use development totaling 1,792,103 square feet of floor area and would include creative office space (approximately 944,055 square feet); 308 multi-family residential units, 16 percent of which would be affordable units; a hotel; retail (including grocery and farmer’s market); a restaurant; studio, event, gallery and potential museum space; and a gym. The project would also include at- and above-grade landscaped open space totaling 83,789 square feet, four levels of below grade parking spanning the project site, and at- and above-grade parking within Buildings 3, 4, and 5. The project would provide approximately 2,000 parking spaces and 930 bicycle parking spaces. Marlie authored the land use section of the EIR. Key environmental issues include air quality, aesthetics, cultural, and traffic. City of Burbank, Burbank Avion, Burbank, CA. Environmental Planner. Assisting the City of Burbank, Marlie was a contributing author for the Environmental Impact Report for the Burbank Avion Project. The proposed project includes the development of a mixed-use project consisting of creative offices, creative industrial, retail, and a hotel adjacent to the Hollywood Burbank Airport in the City of Burbank. City of Inglewood, Arya Hotel Project Categorical Exemption, Inglewood, CA. Project Manager. Marlie is currently managing the preparation of a categorical exemption for the Arya Hotel Project, which consists of the demolition of the Item 1P-143 XXIG.1 RESUMES OF KEY STAFF Marlie Long (Continued) Managing Associate Environmental Science Associates esassoc.com existing buildings on the parcels and the construction and operation of a 174-room hotel and associated parking. ESA is responsible for the preparation of the air quality, cultural resources, and noise and vibration technical reports in addition to the Class 32 Categorical Exemption. City of Temecula, Cypress Ridge Project, Temecula, CA. Environmental Planner. Marlie was a contributing author in the preparation of the EIR for the proposed Cypress Ridge Project. The proposed project includes 245 residential units with associated amenities, which include a clubhouse, pool/spa, four tot lots, three picnic areas, walking trails and a dog park, as well as enhancement to Pala Community Park, which is adjacent to the property. The enhancement to Pala Community Park would be tailored to be inclusive for children with special needs. Key issues assessed within the EIR include impacts to schools within the applicable school districts and with land use consistency associated with the required General Plan Amendment. City of Burbank, Burbank Town Center Mixed-Use Project EIR, Burbank, CA. Environmental Planner. City of Burbank, Bob Hope Airport (Hollywood Burbank Airport) Replacement Terminal Project EIS, Burbank, CA. Environmental Planner. City of Carson, Prologis Dominquez Tech Center, Carson, CA. City of Carson, Carol Kimmelman Sports and Academic Campus EIR, Carson, CA. Peer Review. City of Carson, K4 Industrial IS/MND, Carson, CA. County of San Diego, Department of Parks and Recreation, Waterfront Park Addendum, San Diego, CA. County of San Diego, Department of Parks and Recreation, Heritage Park Improvement Addendum, San Diego, CA. County of San Diego, Department of Parks and Recreation, Paseo Norte Addendum, San Diego, CA. County of San Diego, Harmony Grove Village South, San Diego, CA. City of Temecula, Temecula Valley Hospital EIR Addendum, Temecula, CA. Woodspring Suites Hotel-Gold Coast Properties CA 4 RedCar, 4210 Sunset Boulevard Class 3 Categorical Exemption, City of Los Angeles, CA. Deputy Project Manager. Item 1P-144 XXIIG.1 RESUMES OF KEY STAFF Ethan Wynacht Planner I Environmental Science Associates esassoc.com Ethan Wynacht is a planner contributing to project research, analysis, and written reports. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr. Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program development experience. Relevant Experience Alameda County Environmental Justice Element. Environmental Technical Analyst. Alameda County is joining many other jurisdictions throughout California in addressing environmental justice (EJ), by preparing an Environmental Justice chapter or “element” in the County General Plan. Alameda County recognizes that there are environmental justice issues in its unincorporated communities. The impacts of environmental injustice have led to disproportionate environmental burdens being placed on low-income families and BIPOC (Black, Indigenous, and People of Color) communities. These burdens affect health outcomes, food access, safety, community opportunities, and many other integral aspects of peoples’ lives. The EJ Element is being developed through extensive community and stakeholder engagement. The element contains goals, policies, and actions that reflect the values and needs of affected communities. Ethan supported the development of said goals, policies, and actions. City of Mountain View Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. Ethan is assisting ESA’s tasks involving the robust housing sites inventory and constraints analyses. Napa County Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to EDUCATION BS, Environmental Policy Analysis & Planning, University of California, Davis, 2022 1 YEARS’ EXPERIENCE Item 1P-145 XXIIIG.1 RESUMES OF KEY STAFF Ethan Wynacht (Continued) Planner I Environmental Science Associates esassoc.com accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Ethan is assisting with the sites inventory analysis and response to HCD comments. City of Irwindale, Irwindale Housing Element and General Plan Update, Irwindale, CA. Environmental Technical Analyst. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. Ethan is assisting with the preparation of the Safety and Environmental Justice elements of the General Plan update. The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community of Irwindale. Ethan is evaluating community characteristics, drafting sections, and developing goals, policies, and actions for the Safety and Environmental Justice elements. Santa Barbara County Housing Element 2023-2031. Environmental Technical Analyst. ESA is providing technical support to the County of Santa Barbara as they prepare their 6th cycle housing element. Ethan is conducting comprehensive reviews of the housing element sections and evaluating the draft for HCD compliance. Prior to ESA University of California, Davis, Dr. Gwen Arnold, Davis, California. Researcher. Prior to ESA, Ethan conducted independent data collection for a research project that analyzed the impacts of fracking “boom bust cycles” on communities in the North Eastern United States. University of California, Davis, Undergraduate Admissions, Davis, California. Committee Lead. Prior to ESA, Ethan led the programming committee within the UC Davis Transfer Opportunity Program. He contributed to strategic efforts to reach and support underrepresented community college students by presenting at student support events with over 100 participants, coordinating and managing a team of student outreach ambassadors, and spearheading outreach tasks, including student mentorship, media development, and resource compilation. MANRRS at UC Davis, Davis, California. Publicity Coordinator & Board Member. Prior to ESA, Ethan collaborated with a diverse team to lead and organize operations for the UC Davis Multiculturalism in Agriculture, Natural Resources, and Related Sciences program. He managed social media accounts with over 1,200 followers, coordinated with industry sponsors, and developed a weekly newsletter for over 700 recipients. Ethan won the MANRRS Regional Cluster Impromptu Speech contest and went on to compete at the national level. The Putah Creek Council, Environmental Stewardship, Winters, California. Restoration Technician Intern. Ethan completed fieldwork alongside experienced technicians in riparian ecosystems throughout Yolo County; he gained experience with species identification, plug planting, hedgerow management, trail maintenance, irrigation, invasive plant removal, and other restoration techniques. Item 1P-146 EXHIBIT "A-I" LEAP Grant Agreement 20-LEAP-15972 Item 1P-147 XXIVG.1 RESUMES OF KEY STAFF CCUURRRRIICCUULLUUMM VVIITTAAEE Takako Tajima EEDDUUCCAATTIIOONN 2001 - 05 HARVARD UNIVERSITY Master of Landscape Architecture / Master of Urban Planning 1994 – 99 CARNEGIE MELLON UNIVERSITY Bachelor of Architecture PPRROOFFEESSSSIIOONNAALL RREEGGIISSTTRRAATTIIOONN Architecture: CA State License No. C 39622 Landscape Architecture: CA State License No. 6505 PPRROOFFEESSSSIIOONNAALL AAFFFFIILLIIAATTIIOONN American Institute of Architects (AIA) National Council of Architectural Registration Boards (NCARB) American Society of Landscape Architects (ASLA) Urban Land Institute (ULI) WWOORRKK EEXXPPEERRIIEENNCCEE 2012 – Present TAJIMA OPEN DESIGN OFFICE / Huntington Beach, CA Principal 2009 – 11 BUREAU E.A.S.T. / Los Angeles Principal 2007 – 09 URBAN STUDIO / Los Angeles, CA Senior Designer 2006 - 07 SWA GROUP / Los Angeles, CA Designer 2006 MIA LEHRER ASSOCIATES / Los Angeles, CA Designer 2005 REISEN DESIGN ASSOCIATES / Cambridge, MA Intern Landscape Architect 2003 REED HILDERBRAND ASSOCIATES / Watertown, MA Intern Landscape Architect 1999 - 01 DAVIS + GANNON ARCHITECTURE / Pittsburgh, PA Intern Architect 1997 CELENTO DESIGN / Pittsburgh, PA Intern Architect AACCAADDEEMMIICC EEXXPPEERRIIEENNCCEE 2013 - Present UNIVERSITY OF SOUTHERN CALIFORNIA Adjunct Assistant Professor 2010 / FALL CARNEGIE MELLON UNIVERSITY Adjunct Faculty 2010 / SPRING WOODBURY UNIVERSITY Adjunct Faculty 2006 - 07 OTIS COLLEGE OF ART AND DESIGN Adjunct Faculty Item 1P-148 XXVG.2 PROJECT EXAMPLE SHEETS EL SEGUNDO, CASB9 UNIT STUDY AND DESIGN RECOMMENDATIONS In order to address community concerns that new lot split legislation (California SB9) would negatively impact the character of existing residential neighbor- hoods, the City of El Segundo asked JKA to analyze the built-form character of El Segundo’s existing single-family neighborhoods and prepare text amend- ments to the existing Zoning Code on an accelerated schedule. The objective was to establish a best fit between the scale and character of the existing architecture that nevertheless honors the new State requirements that provide for increased density. JKA began their work with an analysis of both the new legislation and the existing character and scale of single-family housing areas that resulted in the documentation of repeating built-form patterns. Presented to the Planning Commission after three weeks, JKA proposed the development of quantifiable standards within the context of R1 zoning that recognized the existing building types through new measurable standards that in turn fell within the allowances provided in State legislation. With Planning Commission approval of the approach and direction from City Staff, JKA prepared illustrated standards for lot splits that addressed site access, setbacks, floor area ratios, area definitions, and roof forms, all formed to relate new construction to existing residences. After two additional meetings with Planning Commission and City Council, JKA incorporated their recommendations. At the final City Council meeting, an ordinance for new lot split standards was adopted approximately ten weeks after Project initiation. DELIVERABLE Zone Text Amendments: Section 15-4G-3 Section 15-4G-4 Section 15-4G-5 CLIENT City of El Segundo YEAR 2021–2022 KEY SERVICES SB9 Unit Study Design Recommendations Zone Text Amendments PROJECT STATUS Adopted March 2022 JKA and City Staff provided a summary of the Project and its objectives to the El Segundo Planning Commission to solicit decision-maker feedback. G.2 PROJECT EXAMPLE SHEETS Item 1P-149 XXVIG.2 PROJECT EXAMPLE SHEETS PALMDALE, CAMULTI-FAMILY AND MIXED-USE DESIGN STANDARDS The City of Palmdale asked JKA to create multi-family and mixed-use objective design standards that address Palmdale’s high desert setting. Through obser- vation and two public outreach meetings, JKA developed measurable criteria that residents, project applicants, and City Staff alike can utilize to facilitate a commonly understood and consistent project design approval process. JKA’s standards also provide a means to measure community expectations for design quality for new multi-family and mixed-use projects. Key design factors embedded in the standards include proper orientation of buildings to public sidewalks to enhance walkability, maximum plan diagonals to ensure a sense of human scale and open space between structures, and required building façade breaks to further relate larger buildings to smaller existing structures. Based upon Staff requests to address local color, a range of neutral earth tones are recommended that blend with the natural hues of the surrounding environment. The final standards were adopted by City Council in August 2022. CLIENT City of Palmdale YEAR 2020–2022 KEY SERVICES Design Standards Community Engagement PROJECT STATUS Adopted August 2022 SUBCONSULTANTS HR&A Advisors JKA created a checklist for the City of Palmdale of quantifiable and measurable criteria that applicants can follow to streamline the project approval process. City of Palmdale Multi-Family Design Standards Compliance Checklist | *1 Multi-Family Design Standards Compliance Checklist City of Palmdale Instructions The design standards assist project applicants and designers to achieve the multi-family design objectives. As a project is designed, applicants and designers must utilize the standards outlined in Chapter 5 of the City of Palmdale Multi-Family and Mixed-Use Design Standards, as well as the Multi-Family Design Standards Compliance Checklist on the following pages, to determine compliance in advance of submittal and formal review for compliance by the City. Applicants must fill out the sections on the following pages and mark “compliance” or “not applicable (N/A)” as appropriate. In cases where an explanation is required, describe how, and to what extent, the multi-family project complies with the design standard. If the applicant requires additional space for any explanation and/or chooses to illustrate compliance with a design standard, attachments may be submitted along with this form. Once the form is completed, it must be submitted to the City along with the application submittal package and the City will fill out the sections designated “City use only” in their review upon the applicant’s submission of this checklist and other application materials. Project Information Applicant: Design Firm/Engineer/Architect: Assessor’s Parcel Number (APN)/Address: General Plan/Zoning Designation: Proposed Project: Date Prepared: Reviewed by: Date: City Comments (optional): YES NO Overall Compliance Finding: CITY USE ONLY City of Palmdale Multi-Family Design Standards Compliance Checklist | *2 Multi-Family Site Design New multi-family projects shall meet all of the below site design standards. Multi-Family Building Breaks New multi-family projects shall meet all of the below building break standards. DESIGN STANDARD N/A COMPLIANCE N/A COMPLIANCE Overlook existing and/or new streets, sidewalks, and/or public rights-of-way (See Section 5.1.1). One streetlight per 60 feet, bottom of lamp height maximum 15 feet (See Section 5.1.2). One on-site shade tree per 40 feet of public streets, sidewalks, and/or rights-of way or the same number of shade trees clustered on site (See Section 5.1.3). One entry door for each 150 feet of building wall (See Section 5.1.4). Entry directly connects to sidewalks by on-site sidewalks, pathways no greater than 300 feet from public sidewalk (See Section 5.1.5). Maximum building frontage of 425 feet without building breaks, maximum plan diagonal 450 feet (See Section 5.1.6). DESIGN STANDARD N/A COMPLIANCE N/A COMPLIANCE Minimum 30 feet open-to-the-sky separation between structures when project includes more than one building (See Section 5.2.1). Minimum 30 feet open-to-the-sky building break or alternative allowed by the Director or his/her/their designee for buildings greater than 425 feet in length (See Section 5.2.2). CITY USE ONLY CITY USE ONLY CITY USE ONLY ADDITIONAL APPLICANT COMMENTS (OPTIONAL)ADDITIONAL CITY COMMENTS (OPTIONAL) CITY USE ONLY ADDITIONAL APPLICANT COMMENTS (OPTIONAL)ADDITIONAL CITY COMMENTS (OPTIONAL) Item 1P-150 XXVIIG.2 PROJECT EXAMPLE SHEETS DOWNEY, CASINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS Single-family homeowners expressed concern to the Downey City Council that additions within their 1950s through 1970s neighborhoods were out of charac- ter with existing development. They lobbied the Council for design parameters to address large parcels that were being inconsistently subdivided, and expressed the need for second-story standards in single-story subdivisions and control of mega-mansions. They also demanded alternatives for private subdivision roads that would incorporate sidewalks and street trees. The City retained JKA to develop a consensus approach to these issues. Through public workshops facilitated by JKA, standards for density and additions were modeled. New subdivision parameters ensured that private roads matched City streetscape standards. New design standards provided for second-story massing, acknowledging prevailing single-story frontages. Measurable design guidelines were developed to address neighborhood character. The latter are presented through an educational guidebook promot- ing architectural fit. The adopted guidelines provide a resource for City Staff and applicants and include checklists and compliance procedures that facilitate the approval of projects in this City’s single-family neighborhoods. APA LA AWARD RECIPIENT: 2022 Urban Design Award of Merit This housing diagram highlights the ability of new single-family zone amendments and design guidelines to reduce building bulk and relate new construction and second floor additions to prevailing conditions in the City of Downey. CLIENT City of Downey YEAR 2018–2021 KEY SERVICES Design Guidelines Design Standards Community Engagement Public Workshop Facilitation Zoning Amendments PROJECT STATUS Adopted May 2021 Item 1P-151 XXVIII DELIVERABLE Community Character & Design Element Design Guidelines CLIENT The Los Angeles County Department of Regional Planning YEAR 2021–2023 KEY SERVICES (ESA) Land Use Planning Environmental Analysis KEY SERVICES (JKA) Urban Design PROJECT STATUS Completed 2023 EAST SAN GABRIEL VALLEY, CAAREA PLAN COMPONENTS AND DESIGN GUIDELINES The East San Gabriel Valley Area Plan (ESGVAP) is a regional planning docu- ment that guides development, manages growth, and improves the quality of life in the ESGV area of Los Angeles County. ESA and JKA partnered in this effort to prepare a land use element, community character and design element, and individual community chapters for each of the 24 unincorporated commu- nities the document addresses. Recommendations included targeting growth within a half mile of designated high-quality transit areas and major transit and commercial/employment centers, establishing neighborhood greenways to link pedestrians and bicyclists to transit and key destinations, strengthening amenities and resources in underserved locations, and preserving sensitive resource areas, high-fire hazard zones, equestrian districts, agricultural lands, sleep slope areas, and areas with limited access. The objective design standards and guidelines focused on shaping the community’s physical and cultural environments, forming an identity and sense of place, and providing measur- able and quantifiable design guidelines that help ensure the fit between existing and new developments. G.2 PROJECT EXAMPLE SHEETS These Residential Types Transects compile imagery of high-quality residential architecture to show a range of low to medium housing intensities that are realistic for the future of ESGV unincorporated communities. Item 1P-152 XXIX LONG BEACH, CABOEING C-17 GLOBEMASTER TRANSITION PLAN *Shannon Wages experience at Dudek prior to joining ESA CLIENT Dudek for the City of Long Beach Department of Development Services, Planning Bureau YEAR 2016–2018 KEY SERVICES (SHANNON WAGES) Land Use/Mobility Planning Community Outreach KEY SERVICES (JKA) GIS Mapping & Spatial Analysis Development Standards Urban Design Guidelines PROJECT STATUS Final Draft in Progress Shannon Wages of ESA served as Project Manager and John Kaliski of JKA served as Lead Urban Designer for preparation of a specific plan for an area along the Cherry Avenue Corridor and encompassing the former C-17 Globemaster III manufacturing facility, a distinctive site with 1.1 million square feet of enclosed production space directly adjacent to Long Beach Airport. The Globemaster Corridor Specific Plan (GCSP) includes a vision, goals, and policies; an integrated land use and mobility plan with a complete streets network; objective development standards and design guidelines; and an implementation program to achieve a 21st century employment district. ESA and JKA facilitated four workshops to present the GCSP’s components at each milestone, with each workshop drawing members of the business community, city residents living in and outside the specific plan area, and property owners. Community comments were incorporated into the plan at each stage, ensuring that it reflects the vision of the community to attract and optimize new work opportunities and become a flexible, commercial, industrial, mixed-use district with improved pedestrian, bicycle, and transit mobility; open space and amenities; and enhanced design and functionality for the workforce environment. G.2 PROJECT EXAMPLE SHEETS Urban design vision and planning framework parameters for the transition of a major manufacturing facility. Item 1P-153 XXXG.2 PROJECT EXAMPLE SHEETS CLIENT John Kaliski Architects for the City of Culver City YEAR 2022–Ongoing KEY SERVICES Landscape Architecture PROJECT STATUS Under Construction Tajima Open Design Office currently serves as the landscape architect on a transitional housing project with John Kaliski Architects involving the conver- sion of two motels into 73 units of transitional and permanent housing for those experiencing homelessness. TODO cultivated the exterior site by selecting materials, plants and deciding how the space would be inhabited. Parking dominated the interior courtyards of both sites in their former lives as motels. With parking requirements no longer the preeminent program, the courtyards could be dedicated to people. The planting design for both properties were conceptualized to be shady and lush but highly drought tolerant during the summer and sunny and bright during the winter. A mix of California native and adapted plants provide a vibrant backdrop to shade providing flowering deciduous trees. The plants were chosen based on the City of Los Angeles criteria and are drought resistant and native to the area. Elements like tables, benches, and bike racks were added to create a common place and sense of community. CULVER CITY, CACULVER CITY PROJECT HOMEKEY Item 1P-154 XXXI Visible from the Los Angeles International Airport, the property was acquired initially to store and display a collection of vintage European sportscars. The space eventually came to marry the unlikely combination of garage and offices for an investment company and a travel agency. Before TODO began work, the site was half building and half asphalt. To create a more seamless relationship between building and landscape for the site, a portion of the building was reappropriated as garden space—opening up the ceiling to the sky and creating private viewing gardens for the offices within. The planting design transitions from dry to humid, with cacti along the outer edge and tropical “jungle” plants closer to the building. The core planting area was envisioned as a mosaic of aeoniums, echeverias, kalanchoes, and sedum to provide a variety of colors and textures throughout the year. Landscaping also addressed significant LID requirements to capture and retain water from the building’s 8,000 sqft roof. CLIENT DOM Food Group YEAR 2017–2018 KEY SERVICES Landscape Architecture PROJECT STATUS Complete EL SEGUNDO, CAIMPERIAL OFFICES G.2 PROJECT EXAMPLE SHEETS Item 1P-155 XXXIIG.3 DISCLOSURES 1. 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 corpora- tion, 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. o Please confirm ______________________________ ______________________________ John Kaliski, President, JKA Lorraine Wild, Secretary, JKA 2. Type of Business o C Corporation (if corporation, two signatures are required) o S Corporation (if corporation, two signatures are required) o Limited Liability C Corporation (if corporation, two signatures are required) o Partnership o Limited Liability Partnership o Sole Proprietor/Individual o Other G.3 DISCLOSURES X X Item 1P-156 XXXIIIG.3 DISCLOSURES 3. Litigation In response to the RFP question regarding providing 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, below are descriptions of any claims: Date Complaint Filed: August 29, 2022 Project Name: 812 West 164th Role of Proposer: Architect Parties Involved: Plaintiff: John Kaliski Architects, Inc. Defendant: Fed F. Ghalchi Nature of the Litigation: JKA processed a claim in Small Claims Court against the Defendant for non-pay- ment of services/invoices. Status of Case: Fully-executed settlement agreement; dismissal of court case Summary of Resolution: John Kaliski Architects, Inc. and Fred F. Ghalchi entered a Settlement Agreement and Release with an effective date of October 24, 2022. Ghalchi paid JKA a total of three thousand dollars ($3,000). Date Complaint Filed: October 24, 2019 Project Name: 1037 Fourth Avenue Role of Proposer: Architect Parties Involved: Plaintiff: Davidovich & Associates, Inc. Defendant: John Kaliski Architects, Inc. Nature of the Litigation: At the request of JKA’s Client, Davidovich & Associates, Inc.—JKA’s MEP subconsultant for the Project—was terminated for cause for failure to meet project schedules and not providing a professional standard of care. Davidovich & Associates processed a claim against JKA for non-payment of fees for work that JKA never received. Status of Case: Fully-executed settlement agreement; dismissal of court case Summary of Resolution: Davidovich & Associates, Inc. and John Kaliski Architects, Inc. entered a Settlement Agreement and Release with an effective date of March 7, 2022. JKA paid Davidovich a total of twenty-five thousand dollars ($25,000) in increments as follows: (1) an initial payment of five thousand dollars ($5,000) (paid 4/25/2022) and one thousand dollars ($1,000) each month for 20 consecutive months, beginning 30 calendar days after the Initial Payment is due. 4. Changes to Agreement Not applicable (N/A). If awarded this Project, JKA will enter into a Professional Services Agreement with the City of Palm Desert based upon the contents of the Request for Proposal No. 2023-RFP-185 and JKA’s proposal. JKA has reviewed the City’s Request for Proposal No. 2023-RFP-185 and sample Professional Services Agreement and has no objections to and/or requested changes to the standard contract language in the City standard professional services agreement contract. Item 1P-157 XXXIVG.3 DISCLOSURES X 5. No Deviations from the RFP Not applicable (N/A). In submitting a proposal in response to this RFP, JKA is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. 6. List the Signatory(s) Authorized to Sign and Bind an Agreement Signatory #1 Full Name: John Kalsiki Title: President Business Address: 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 Email Address: jkaliski@jka-la.com Phone Number: (213) 383-7980 Signatory #2 Full Name: Lorraine Wild Title: Secretary Business Address: 3780 Wilshire Boulevard Suite 500 Los Angeles, CA 90010 Email Address: admin@jka-la.com Phone Number: (213) 383-7980 7. 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. o Please confirm ______________________________ ______________________________ John Kaliski, President, JKA Lorraine Wild, Secretary, JKA Item 1P-158 JOHN KALISKI ARCHITECTS 3780 Wilshire Boulevard, Suite 500 Los Angeles, CA 90010 (213) 383.7980 ph | www.jka-la.com John Kaliski, FAIA C17945 Item 1P-159 EXHIBIT A-IItem 1P-160 EXHIBIT A-I Item 1P-161 EXHIBIT A-I Item 1P-162 EXHIBIT A-I Item 1P-163 EXHIBIT A-I Item 1P-164 EXHIBIT A-I Item 1P-165 EXHIBIT A-I Item 1P-166 EXHIBIT A-I Item 1P-167 EXHIBIT A-I Item 1P-168 EXHIBIT A-I Item 1P-169 EXHIBIT A-I Item 1P-170 EXHIBIT A-I Item 1P-171 EXHIBIT A-I Item 1P-172 EXHIBIT A-I Item 1P-173 EXHIBIT A-I Item 1P-174 EXHIBIT A-I Item 1P-175 EXHIBIT A-I Item 1P-176 26PROPOSED SCOPE OF WORK Project Schedule Based on an anticipated Intent to Award date of April 27, 2023, the below schedule suggests kicking off the Project the first week of May 2023. To meet the grant-established Project deadline of September 30, 2023, the Consultant has proposed a 22-week/5-month timeline, assuming an uninterrupted process. The Consultant is flexible with regard to the Project start date, and upon discussion with Staff and their vision for community engagement, the number of outreach events and scheduling may alter the sequence and timeline of Task 3. 4/27/2023 Contract Negotiation (anticipated)MAY 2023 JUNE2023 JULY 2023 AUGUST2023 SEPTEMBER 2023 5 months TASK 1: PROJECT MANAGEMENT AND COORDINATION TASK 2: DATA GATHERING, DOCUMENT RESEARCH AND REVIEW TASK 3: PUBLIC OUTREACH TASK 4: TECHNICAL REPORT TASK 5: DRAFT ODS AND ZONING CONSISTENCY UPDATES TASK 6: ENVIRONMENTAL REVIEW TASK 7: FINAL DOCUMENTS AND ADOPTION Kick-Off Meeting & City Tour Outreach Phase 1 Outreach Phase 3 Outreach Phase 2 Bi-Monthly Check-In Meetings (10) Public Hearings (3) DELIVERABLE: COMMUNITY ENGAGEMENT PLAN DELIVERABLE: PUBLIC REVIEW DRAFT ODS DELIVERABLE: ZONING & ODS MEMOS DELIVERABLE: DRAFT ZONING UPDATES & ADMIN DRAFT ODS DELIVERABLE: NOTICE OF EXEMPTION DELIVERABLE: EXISTING CONDITIONS ANALYSIS REPORT & GENERAL PLAN /ZONING DISCREPANCY REPORT DELIVERABLE: PUBLIC HEARING DRAFT ODS STAFF REVIEW STAFF REVIEW EXHIBIT B Item 1P-177 28PROPOSED BUDGET Consultant Role in this Project John KaliskiArchitects (JKA) EnvironmentalScience Associates (ESA) Tajima OpenDesign Oce (TODO) TASK LABOR COSTJKA COST ESA COST TODO COST Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Consultant Role in this Project $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 John Kaliski Architects(JKA) Environmental Science Associates(ESA) Tajima Open Design Oce(TODO) TASK LABOR COSTJKA COST ESA COST TODO COST 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 4.1 4.2 5.1 5.2 5.3 5.4 6.1 7.1 7.2 7.3 JKA LABOR COST ESA LABOR COST TODO LABOR COST $ 4,210.00 $ 863.00 $ 375.00 Urban Design andOutreach Planning andEnvironmental Review LandscapeArchitecture Task 1: Project Management and Coordination Task 2: Data Gathering and Document Research and Review Task 3: Public Outreach Task 4: Technical Reports Task 5: Draft ODS and Zoning Consistency Updates Task 6: Environmental Review Task 7: Final Documents and Adoption Project Administration $ 2,460.00 $ 7,400.00 $ 250.00 $ 10,110.00 Kick-O� Meeting $ 1,490.00 $- $- $ 1,490.00 City Tour $ 3,715.00 $- $- $ 3,715.00 Project Coordination $ 4,400.00 $- $- $ 4,400.00 Document Review $ 3,065.00 $ 2,570.00 $ 500.00 $ 6,135.00 Project Review $ 1,265.00 $- $- $ 1,265.00 Existing Conditions Analysis Report $ 6,890.00 $- $- $ 6,890.00 General Plan/Zoning Discrepancy Report $ 970.00 $ 6,832.00 $- $ 7,802.00 Vision Statement $ 745.00 $- $- $ 745.00 Community Engagement and Outreach Plan $ 1,265.00 $- $- $ 1,265.00 Outreach Phase 1: Project Introduction and Issue Identification $ 14,510.00 $- $- $ 14,510.00 $- $- $- $- $- $- Outreach Phase 2: Technical Report Review $ 8,070.00 $- $- $ 8,070.00 $- $- Outreach Phase 3: Public Review Draft Standards $ 14,510.00 $ 1,854.00 $- $ 16,364.00 $- $- $- $- $- $- Zoning Consistency Recommendations Memorandum $ 485.00 $ 5,928.00 $- $ 6,413.00 ODS Options and Recommendations Memorandum $ 10,460.00 $- $- $ 10,460.00 Draft Zoning Updates $ 485.00 $ 4,520.00 $- $ 5,005.00 Administrative Draft ODS $ 12,400.00 $- $ 4,000.00 $ 16,400.00 Public Review Draft ODS $ 7,620.00 $- $ 2,000.00 $ 9,620.00 Public Hearing Draft ODS $ 4,330.00 $- $ 500.00 $ 4,830.00 CEQA Compliance $ 260.00 $ 1,010.00 $- $ 1,270.00 Final Zoning Updates for Zoning/GP Consistency $ 485.00 $ 1,462.00 $- $ 1,947.00 Final ODS $ 1,490.00 $- $ 250.00 $ 1,740.00 Final Adoption Hearings $ 3,880.00 $- $- $ 3,880.00 JKA Reimbursable Expense Allowance ESA Reimbursable Expense Allowance TODO Reimbursable Expense Allowance TASK 1 TOTAL $ 12,065.00 $ 7,400.00 $250.00 $ 19,715.00 TASK 2 TOTAL $ 12,935.00 $ 9,402.00 $ 500.00 $ 22,837.00 TASK 3 TOTAL $ 38,355.00 $ 1,854.00 $- $ 40,209.00 TASK 4 TOTAL $ 10,945.00 $ 5,928.00 $- $ 16,873.00 TASK 5 TOTAL $ 24,835.00 $ 4,520.00 $ 6,500.00 $ 35,855.00 TASK 6 TOTAL $ 260.00 $ 1,010.00 $- $ 1,270.00 TASK 7 TOTAL $ 5,855.00 $ 1,462.00 $ 250.00 $ 7,567.00 3.2.1 Community Meeting 1, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 1 and Meeting Preparation 3.2.2 Study Session 1 (Joint PC/CC) and Meeting Preparation 3.3.1 Study Session 2 (PC) and Meeting Preparation 3.4.1 Community Meeting 2, Meeting Preparation, and Social Media 3.2.3 ARC Meeting 2 and Meeting Preparation 3.2.2 Study Session 3 (PC) and Meeting Preparation $10,910.00 $2,250.00 $1,350.00 $8,070.00 $10,910.00 $2,250.00 $1,350.00 LABOR COST $ 105,250.00 $ 31,576.00 $ 7,500.00 $ 144,326.00 CONSULTANT TEAM TOTAL COST $ 149,774.00 PROPOSED BUDGETF Consultant Team Standard Scope of Services EXHIBIT C Item 1P-178 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Deborah Glickman, Management Analyst REQUEST: PROVIDE DIRECTION ON AND AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR OPERATION OF THE PALM DESERT IHUB RECOMMENDATION 1.Provide staff with direction on a Request for Proposals (RFP) for the Palm Desert Innovation Hub (iHUB). 2.Authorize staff to advertise an RFP for operation of the Palm Desert Innovation HUB (iHUB). BACKGROUND/ANALYSIS On November 21, 2021, the City of Palm Desert opened the iHUB located at 37023 Cook Street, Suite 102 to attract technology-based entrepreneurial startup businesses and promote the creation of high wage-earning jobs. Emerging businesses are curated into the iHUB and offered low-cost office space, free mentorship, and networking opportunities. The iHUB is also intended to serve as a place for entrepreneurs, technology workers, and telecommuters to convene to share ideas while utilizing the iHUB’s high-speed internet connection. The City currently contracts with the Coachella Valley Economic Partnership (CVEP) for the day-to-day operations of the iHUB including the following: •Client selection and mentorship •Management of the iHUB Advisory Board •Educational programming for clients and Palm Desert businesses •Scheduling of the co-working and meeting spaces •Management of the front desk •Management of vendors (e.g. alarm company, janitorial, etc.) To complement the goals of the iHUB, the City subleases approximately one-third of its space to California State University San Bernardino Palm Desert Campus (CSUSB) for its entrepreneurship, cyber security, and hospitality programs. As part of the sublease, CSUSB pays rent and utilities based on the square footage it occupies, which offsets the City’s rent and utility expenses. The Palm Desert iHUB is one of two iHUBs in the Coachella Valley, the other of which is located in Palm Springs. Like Palm Desert’s iHUB, the Palm Springs iHUB is also owned by the city that contracts with CVEP for operations. The Palm Springs iHUB operates similarly to Palm Desert’s and offers offices and mentorship to emerging companies, as well as charges rent to occupants on a sliding scale based on the individual company’s needs. Item 2A-1 There was previously an iHUB in Indio that was housed in the Greater Coachella Valley Chamber of Commerce (GCVCC) offices. When the GCVCC moved offices, the iHUB closed and has not reopened. iHUB Lease: On August 22, 2019, the City entered into a lease with Sinatra and Cook Project, LLC for 10,290 square feet of space at 37023 Cook Street, Suite 102. Rent payments on the space commenced in February 2020 when the tenant improvements began on the space. The lease is active for seven (7) years and will expire in February 2027. The annual lease payments vary based on which month the lease is in. The lease payment schedule is below with the highlighted row representing the current lease payment. Month Monthly Rent Annual Rent 1-12 $15,666.53 $187,998.30 13-24 $16,136.52 $193,638.25 25-36 $16,620.62 $199,447.40 37-48 $17,119.23 $205,430.82 49-60 $17,632.81 $211,593.74 61-72 $18,161.80 $217,941.56 73-84 $18,706.65 $224,479.80 iHUB Operations Agreement: In 2018 the City Council entered into a five (5) year agreement with CVEP to assist in the development of the iHUB and operate and manage it once it opened. Although the operations agreement was executed in 2018, due to the time required for site selection, tenant improvements, and delays associated with the COVID-19 pandemic, the iHUB did not open until November 2021. The operations agreement with CVEP expires on June 30, 2023. Discussion: As part of the operations agreement, CVEP regularly markets the iHUB regionally and beyond to court emerging companies to locate in Palm Desert. CVEP reviews requests from businesses interested in incubating at the space and admits or does not admit them based on a criteria developed with the assistance of the iHUB Advisory Board. The iHUB Advisory Board consists of two (2) members of the City Council and representatives from such business types including digital technology, green building, water filtration/purification, energy management, digital image transmission and other technology-based businesses. Item 2A-2 iHUB Progress: To date, the iHUB has cumulatively served: • 20 - Companies with residences/offices • 44 - Companies not in residences or offices at the iHUB supported with virtual assistance • 10 - Jobs created (CVEP only tracks this information for official portfolio companies that work with long-term). iHUB Expenses: The annual operating cost of the iHUB inclusive of the payments to the City from CSUSB as per the sublease is $377,000. The details of these expenses are listed below. City Expenses Expense Type Expense Amount CVEP Operations Agreement $175,000 *Annual Lease Payments $205,431 Utilities/Insurance/Maintenance/Janitorial $85,500 Total $465,931 CSUSB Payments to the City Payment Type Payment Amount *Annual Sublease Payment $64,500 Utilities/Insurance/Janitorial $14,700 Annual Sublease Improvement Payment $32,200 Total $111,400 Total Cost to Palm Desert (City Expenses minus CSUSB Payments) $354,531 *The lease/sublease payments represent the current cost of the lease and sublease, both of which increase by 3% annually. Request for Proposals: Since the current agreement with CVEP expires on June 30, 2023, staff is requesting direction on and approval to release an RFP for operation of the iHUB. Staff has analyzed the progress and cost of the iHUB since it began operations and determined that the RFP should consider two (2) paths for prospers: 1) continue operation of the space as an iHUB/co-working facility; and 2) sublease the space to an educational institution. Subleasing of the space is allowable per the lease agreement with Sinatra and Cook Project, LLC upon approval by the landlord. Whichever route the City decides to take, the agreement timeline will coincide with the sunset of the City’s lease in February 2027. RFP Option 1 - Operating as an iHUB: Item 2A-3 • Potential vendors can submit proposals to continue to operate the space in its current capacity. Maintaining the space as an iHUB will continue the City’s ability to offer services to local and emerging businesses operating in the technology sector. A new vendor’s responsibilities would be negotiated based on the current operator’s duties detailed above and in the attached operator’s agreement. RFP Option 2 - Educational Facility: • Staff has discussed alternative ways to utilize the iHUB space as an economic development tool for the City and determined that offering the iHUB space as an educational facility is one way to do so. If this path is taken, the space would no longer be used to assist incubating businesses. The recommendation is to seek proposals from educational institutions to take over the two-thirds of the space occupied by the City. If the space is subleased, staff would negotiate the monthly rate based on the services provided to the community and the cost of running the space. If the City Council is interested in receiving proposals for both uses of the space, the RFP would be designed to offer two (2) tracks for proposals. One track for the management of the iHUB as an incubator and the other to take over the City run portion of the space for educational purposes. Next Steps Once proposals are received, staff will review them, conduct interviews, and return to the City Council for approval of an agreement with the selected vendor. The agreement will expire no later than the expiration of the City’s lease with Sinatra and Cook Project, LLC (February 2027). Strategic Plan: The establishment of the Palm Desert Innovation Hub (iHUB) aligns with the City’s Strategic Plan – Economic Development Priority 1: Expand job and business creation opportunities. FINANCIAL IMPACT: The fiscal impact of the iHUB RFP is dependent on what type of operator is selected through the RFP process. If the City Council opts to continue operating the iHUB as it currently does, the impact will be at minimum $354,531 annually. If the City Council opts to sublease the space to an educational institute, the City may earn additional income. The ultimate fiscal impact will be determined once the new operator/occupant is selected. REVIEWED BY: Department Director: Amy Lawrence for Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENT: 1. Contract No. C37370 Item 2A-4 Item 2A-5 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 Item 2A-18 Item 2A-19 Item 2A-20 Item 2A-21 Item 2A-22 Item 2A-23 Item 2A-24 Item 2A-25 [This page has intentionally been left blank.] Item 2A-26 Page 1 of 6 CITY OF PALM DESERT STAFF REPORT MEETING DATE: April 27, 2023 PREPARED BY: Richard Cannone, AICP, Director of Development Services Pedro Rodriguez, Code Compliance Supervisor Nick Melloni, Principal Planner Robert Hargreaves, City Attorney, Best Best & Krieger, LLP REQUEST: INTRODUCE ORDINANCE AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE RECOMMENDATION: 1.That the City Council introduce, by title only, an Ordinance amending and updating various sections of the Palm Desert Municipal Code. BACKGROUND/ANALYSIS: Every year, the City Attorney works with City Staff to identify and correct or update Municipal Code provisions. The amendments and updates remove outdated language, ensure conformance with state law, are in the public interest, are consistent with the City’s General Plan, and will not be detrimental to the public health, safety, and welfare. The proposed changes will affect the following chapters and titles of the Palm Desert Municipal Code (PDMC): •Chapter 5.91 – Abandoned Shopping Carts •Chapter 5.101.110 – Regulatory permit suspension and revocation •Chapter 10.48.200 – Diagonal Parking •Title 25 – Zoning Commission Recommendation: The Planning Commission adopted Resolution No. 2828 recommending approval of the proposed Zoning Ordinance Amendment (Case No. ZOA 23-0001) to the City Council on February 21, 2023. Project Description: This staff report provides a summary of the various proposed edits to the Palm Desert Municipal Code. Shopping Carts The proposed Ordinance amends Chapter 5.91 Abandoned Shopping Carts to update and clarify the definitions, provides that shopping carts must be identified pursuant to state law, require that shopping carts be secured during nonbusiness hours, and clarifies when the City can immediately dispose of shopping carts. Item 3A-1 City of Palm Desert Municipal Code Updates 2023 Page 2 of 6 The proposed Ordinance further provides that businesses that provide shopping carts to customers must have an approved abandoned shopping cart retrieval recovery plan. If the plan’s loss prevention measures prove ineffective, the City may require electronic or other disabling devices on all shopping carts prior to business license renewal. A fine structure has been added to include an additional enforcement tool. Cannabis Regulatory Permit Currently, Section 5.101.110 includes as a grounds for cannabis regulatory permit suspension or revocation any violation of the cannabis regulatory permit chapter—Chapter 5.101. The proposed Ordinance would expand the grounds to include any violation of the Palm Desert Municipal Code. This revision codifies, for example, failure to pay cannabis business taxes as grounds for suspension or revocation of a regulatory permit. (PDMC § 3.50.030.) Similarly, operating the cannabis business as a public nuisance would be grounds for suspension or revocation under this amendment. (PDMC Chapter 8.20.) Diagonal Parking The proposed Ordinance would amend PDMC section 10.48.200 Diagonal parking to prohibit oversize vehicles from parking within diagonally marked spaces at any time when the length of the vehicle creates an obstruction to the normal flow of traffic, or which causes a reduction in the width of the normally traveled portion of the roadway. “Oversize vehicle” would be defined as any vehicle that exceeds the dimensions of a marked parking space due to its length and/or width. Zoning Ordinance Updates In January 2023, staff initiated a review of Title 25 for internal consistencies. The proposed modifications to the Palm Desert Zoning Ordinance consist of amendments to revise grammatical errors, remove outdated references to zoning districts, and updates per requirements of state law. The proposed revisions do not add zoning requirements or implement policy changes. Pursuant to PDMC 25.78.030 – Amendments – Zoning Ordinance, any change to the zoning ordinance requires a recommendation for approval by the Planning Commission. The Planning Commission considered the item, and adopted Resolution No. 2828, recommending approval of the modifications to the City Council. The following outlines the changes under each Title 25 chapters and respective sections: Chapter 25.02 INTRODUCTORY PROVISIONS The proposed amendments to this chapter include corrections of spelling errors and changes to references to the “Community Development Department” to the “Development Services Department.” The Department name change occurred in 2021. This change will only affect Title Item 3A-2 City of Palm Desert Municipal Code Updates 2023 Page 3 of 6 25; other references will be revised as a part of a separate and future Municipal Code amendment by the City Attorney. Chapter 25.10 RESIDENTIAL DISTRICTS The proposed amendments to this chapter include corrections of spelling errors, updates to allowed land uses under Table 25.10-1: Use Matrix for Residential Uses, and removal of special permit requirements for Large Family Daycares. In September 2019, the State of California passed SB 234, which changed state law by preventing local jurisdictions from requiring a permit to allow the use of residential properties as large family daycare (LFDC) homes, which provide care for up to 14 children. The City’s ordinance currently requires LFDCs to obtain approval for Large Family Daycare Use Permit from the City’s Zoning Administrator before operating. The proposed revisions to the land use table eliminates requirements for City permits and allow LFDCs as a permitted land use to ensure consistency with state law. Other additions include references for special use standards for Home Occupation Permits and Apiary (beekeeping). Finally, staff is revising in error in the residential development standards table (Table 25.10-3: Residential Zoning District Development Standards) to restrict the R-1 less than10,000 square foot to single-story. Chapter 25.16 COMMERCIAL AND INDUSTRIAL DISTRICTS Proposed amendments to this section consist of updates to Table 25.16-1: Use Matrix for Commercial and Industrial Districts, correction of typos, and addition of the Secondary Street type to Table 25.16-2 for consistency with the Palm Desert General Plan. Changes to the land use table include adding land use and permit requirements for “Accessory massage establishment” and “Independent stand-alone massage” and reference to the applicable special use provisions. This change ensures internal consistency for the code and clarifies where the uses are allowed and prohibited. Changes for typos ensures that the text references the correct tables within the Code under Chapter 25.16.050 Development Standards. Staff is also adding a reference to “Secondary” streets under Table 25.16-2; this table references perimeter setback requirements and establishes a setback based on the street classification. The “Secondary” street is identified in the Palm Desert General Plan Circulation Element and is now included in the table for clarity to ensure the appropriate setback is applied based on the street classification. Chapter 25.18.040 Land Use and Permit Requirements The proposed changes correct previous drafting errors in the ordinance, which affect Table 25.18-1. Use Matrix for Downtown Districts. In November 2016, the Palm Desert City Council adopted the Highway 111 Development Code under Ordinance No. 1313. This original ordinance provided a footnote on Table 25.18-1, which prohibited certain land uses on El Paseo Item 3A-3 City of Palm Desert Municipal Code Updates 2023 Page 4 of 6 ground-floor frontages. In October 2019, the Palm Desert City Council adopted Ordinance No. 1350A for an amendment to the El Paseo Overlay District and Highway 111 Development Code to allow Professional Office Uses on the ground floor of El Paseo frontages within the El Paseo Overlay District. The ordinance inadvertently removed the prohibition for certain other land uses. The proposed amendment will restore the prohibition for certain uses and create a separate footnote for Office, Professional uses. Staff is also proposing to add a footnote to allow Home Occupation uses for residential uses within approved housing or mixed-use developments. Chapter 25.28.060 Planned Community Overlay District Staff is proposing that this section be revised by removing the reference to Section 25.72.040 for Development Plans and replacing it with Precise Plans. Development plans are no longer codified in Title 25 as they were repealed by the City Council in January 2016 under Ordinance No. 1303. Chapter 25.28.120 Bermuda Dunes Airport Area Staff is revising a typo referencing a figure showing the map for the Bermuda Dunes Airport Compatibility Plan adopted by the Riverside County Airport Land Use Commission. Chapter 25.34.020 Home Occupations Staff is revising a typo under the Residential Estate (RE) Exceptions section, which allows a commercial vehicle up to 10,000 pounds to be parked on properties that are zoned RE. The ordinance incorrectly references 1.5 tons (3,000 pounds), which is incorrect with the allowances of the performance standards section of this chapter that allows a 10,000-pound vehicle. Chapter 25.40.030 Projections into Required Setbacks The proposed amendment adds a footnote to the table clarifying that Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) must comply with the minimum setback requirements established under Section 25.34.030 of the Palm Desert Municipal Code (PDMC). Chapter 25.40.030 Private Tennis Courts and Sport Courts The proposed amendments specify that all applications for new or modified sports courts shall require the submittal of documentation demonstrating the proposed court will have minimal noise impacts on adjacent residential uses. Chapter 25.40.090 Screening The proposed amendments remove references to the Planned Industrial (PI) zoning district. This zoning district no longer exists. The changes also correct references to “Industrial” districts to reference the “Service Industrial” zoning districts. Chapter 25.46 Off-street Parking and Loading Item 3A-4 City of Palm Desert Municipal Code Updates 2023 Page 5 of 6 Staff is proposing to amend Sections 25.46.040 and 25.46.070, which reference the C-1 zoning district for in-lieu of parking fees and joint-use parking requirements. The C-1 zoning district no longer exists and was replaced by the Highway 111 Development Code in 2016. The proposed revisions reference the Downtown Districts per Chapter 25.18 of the PDMC. Chapter 25.60.150 Certificate of Use and Occupancy The proposed revisions change references of the Zoning Administrator to the Director of Development Services to ensure consistency with the approval authority established under Table 25.60-1: Approving Authority for Land Use Permits/Entitlements. Chapter 25.60.160 Application Withdrawal The proposed revision to the Title will add a new chapter outlining the process for withdrawal application. This specifies that applications may be formally withdrawn by preparing a letter to the Director of Development Services. The new section also states that planning applications which are not acted upon by applicants for 60 days or more will be deemed abandoned and withdrawn. Chapter 25.64.020 Large Family Day Care Permits Staff is proposing that this section be repealed in its entirety as the State of California passed SB 234 in 2019, which prohibits local jurisdictions from requiring permits to operate large family day cares within residential dwellings. Environmental Assessment/Environment Review: The Planning Commission of the City of Palm Desert found that the amendments to Title 25 proposed by ZOA23-0001 do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the quality of life for the community. Because the amendment is not a project under CEQA, they are not subject to further environmental review. FINANCIAL IMPACT: There is no fiscal impact associated with the recommended action. REVIEWED BY: Department Director: Richard D. Cannone, AICP City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman Item 3A-5 City of Palm Desert Municipal Code Updates 2023 Page 6 of 6 ATTACHMENTS: 1. Ordinance No. ________ 2. Redline Municipal Code Sections – Chapters 5.10, 5.91, 5.101, and 10.48 3. Redline Zoning Ordinance – Title 25 4. Planning Commission Resolution No. 2828 5. Public Hearing Notice Item 3A-6 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE. 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 City Council of the City of Palm Desert desires to enact this Ordinance to make such updates, clarifications, and revisions to the Municipal Code; and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 5.91 Abandoned Shopping Carts is amended to read as follows: “Chapter 5.91 ABANDONED SHOPPING CARTS 5.91.010 Findings and purpose. 5.91.020 Definitions. 5.91.030 Scope. 5.91.040 Authority to enforce chapter. 5.91.050 Prohibition against removal or possession of shopping cart. 5.91.060 Required shopping cart identification. 5.91.070 Shopping cart containment and retrieval by owners. 5.91.080 Impoundment and retrieval of abandoned shopping carts. 5.91.090 Abandoned shopping cart prevention and retrieval plan. 5.91.100 Owner responsibility. 5.91.110 Disposal of carts. Item 3A-7 5.91.120 Exemption. 5.91.130 Enforcement and penalties. 5.91.010 Findings and purpose. The city of Palm Desert finds that abandoned shopping carts in the city create potential hazard to the health and safety of the public, interfere with pedestrian and vehicular traffic, and create a public nuisance. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values, and promote blight and deterioration that result in a public nuisance. This chapter is intended to ensure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner’s premises, to make removal of the cart a violation of this code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law. 5.91.020 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings set forth below: “Abandoned shopping cart” means any shopping cart that is left unattended, discarded, or abandoned upon any public property other than the premises from which the shopping cart was removed, without the written consent of the shopping cart’s owner. “City” means the city of Palm Desert or its designated representatives. “City Manager” shall mean the City Manager of the City of Palm Desert, or designee. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one-day period. “Owner” means any person who owns or provides shopping carts for use by customers in connection with the operation of a business. “Premises” means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking area or other off-street area provided by an owner, or shared with other retail establishments, for the use by customers for parking automobiles or other vehicles. “Parking area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multistore complex or shopping center, “parking area” includes the entire parking area used by or controlled by the complex or center. Item 3A-8 “Person” means a natural person or legal entity, however formed, as well as any trustee, heir, executor, administrator, receiver, or assign, or any combination of such persons. “Public property” means the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. “Retail establishment” with regard to shopping carts, means any business located in the City which offers or provides shopping carts for the use by customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. “Shopping cart” means a basket mounted on wheels or a similar device generally used by a customer for the purpose of transporting goods of any kind within a retail established or designated parking or loading area of that business establishment. Shopping cart also includes a cart used in a coin-operated laundry or dry-cleaning retail establishment for purposes of transporting clothes and necessary cleaning materials. 5.91.030 Applicability. This chapter applies to all retail establishments located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of retail establishments within the City. 5.91.040 Administration. A. The City Manager and any enforcement officer have the authority to administer and enforce this chapter. B. The City Manager may adopt supplemental regulations or policies to implement and interpret this chapter. These regulations or policies must conform with the purpose of this chapter. C. To the extent otherwise permitted by law, an enforcement officer may enter onto any public or private property in the City to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof. 5.91.050 Prohibition against removal or possession of shopping carts. A. It is unlawful for any person to temporarily or permanently remove a shopping cart from a business premises without the owner’s prior written consent. B. It is unlawful for any person to be in possession of a shopping cart that has been removed from a business premises. Item 3A-9 C. Removal or possession of a cart for the purpose of repair, maintenance, or disposal is exempt from this section. 5.91.060 Required shopping cart identification. Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign permanently affixed to the shopping cart that includes the following information: A. The owner’s name, business address, and phone number. B. Notice of the procedure to be used for authorized shopping cart removal from the premises. C. Notice that unauthorized removal of the shopping cart from the premises of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this chapter. 5.91.070 Shopping cart containment and retrieval by owners. A. Every shopping cart owner must lock or otherwise securely contain all owner’s shopping carts after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated shopping cart confinement area on the premises until the commencement of the next business day. B. All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of 12:00 p.m. (noon) and 12:00 a.m. (midnight) on each day the retail establishment is open for business. This section does not apply to: 1. Shopping carts located within an enclosed building; 2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner; or 3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from the owner’s business premises. C. All abandoned shopping carts that are found off premises must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, Item 3A-10 including a cart retrieval service retained by the owner. The city shall notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice may be given by telephone, e-mail, or text message to the owner or owner’s agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place, and shall include the shopping cart’s location. Within three business days from the date the owner of the cart is provided with notice by the city that an abandoned shopping cart of the owner has been located, the owner or agent shall cause the identified shopping cart(s) to be retrieved. D. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the City Manager. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the shopping cart retrieval service. 5.91.080 Impoundment and retrieval of abandoned shopping carts. A. The City Manager may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code section 22435.7. B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the city provided both of the following conditions are met: 1. The shopping cart is located outside the premises of a retail establishment; and 2. Except as provided in subsection (C) of this section, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or the owner’s agent, receives actual notice from the City of the shopping cart’s discovery and location. C. Impoundment Without Three-Day Notice. The city may retrieve and impound any abandoned shopping cart without first giving three (3) business days’ notice provided: 1. The City Manager provides actual notice to the owner, or the owner’s agent, of the shopping cart’s impoundment within twenty-four (24) hours following the impound; 2. The notice informs the owner, or the owner’s agent, of the location where the shopping cart may be claimed; 3. Any shopping cart reclaimed by the owner, or the owner’s agent, within three (3) business days after the date of actual notice to the owner, or the owner’s agent, of the impound, must be released and surrendered to the owner, or the owner’s Item 3A-11 agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and 4. The shopping cart is held at a location that is both: (i) reasonably convenient to the owner of the shopping cart; and (ii) open for business at least six (6) hours of each business day. D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The City Manager may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services. E. Any cart reclaimed by the owner or their agent within three (3) business days from the date the owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart’s discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter. F. The owner of any shopping cart that is not reclaimed within three (3) business days after the date the owner has been given actual notice by the city of the shopping cart’s discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under state law and this chapter commencing four (4) business days after the date of notice. 5.91.090 Abandoned shopping cart prevention and retrieval plan. A. Approved plan required. Every owner who provides or intends to provide shopping carts to customers must develop, implement, and comply with the terms and conditions of an approved abandoned shopping cart prevention and retrieval plan (“plan”) to prevent unauthorized removal of shopping carts from a premises. B. Plan contents. At a minimum, the plan shall include the following requirements: 1. Preliminary information. The name of all owners, the business name, the physical address where the business is conducted, and the name, address, and phone number(s) of the on-site and off-site owner, if different. In addition, the name and contact information of the person, or job title of the person, who will be responsible for accepting all shopping carts retrieved by the City and returned to the retail establishment during its normal business hours. 2. Cart inventory. A complete list of all shopping carts maintained in or on the premises. 3. Cart identification. Signs and shopping cart identification must conform to state law. Owners shall attach an example of the proposed shopping cart ownership identification sign in conformance with Business and Professions Code Section 22435.1 and Section 5.91.030 of this chapter. Item 3A-12 4. Customer outreach. A description of a community outreach process under which the owner will cause notice to be provided to customers that the removal of shopping carts from the premises is prohibited and is a violation of state and city law. This notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exists, direct mail, announcements using intercom systems at the premises, website or other means demonstrated to be effective to the reasonable satisfaction of the City Manager. 5. Languages. The information required above must be provided in English and Spanish or in such other language the City Manager may reasonably require. 6. Loss Prevention Measures. A description of specific measures that the owner shall implement to prevent shopping cart removal from the owner’s premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so that they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the City Manager that are likely to prevent shopping cart removal from the premises. Shopping cart owners must conduct regular maintenance to ensure disabling devices and/or security deposit systems are working properly. If at any time, a cart owner determines the disabling device installed in a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use. 7. Employee training. A description of an ongoing training program that will be implemented by the owner that is designed to educate new and existing employees on the plan and any conditions contained herein at least annually. 8. Mandatory shopping cart retrieval. A plan for retrieval of abandoned shopping carts by the owner within three (3) business days after knowing of a cart’s removal from the owner’s premises or after receiving notice from the City that the shopping cart has been abandoned. D. Review and approval of plans. Each plan will be evaluated and must be approved by the City Manager. The City Manager may deny the plan if the requirements of this chapter have not been satisfied. If the plan is denied, the City must serve the applicant with a written notice of denial. The notice must state the reasons for denial to assist the owner with obtaining plan approval. An owner must submit a revised plan within fifteen (15) days of receiving a notice of denial. The City Manager may impose conditions of approval of a plan if he or she determines it to be reasonably necessary to ensure compliance with the requirements of this chapter. Such conditions may include Item 3A-13 disabling devices on all shopping carts used by the business in order to prevent removal of shopping carts from the business premises. E. Plan validity. A plan is valid upon approval and will be reviewed at the time that the retail establishment’s business license is up for renewal. A plan approved pursuant to this chapter is valid only as to the owner and approved location, and is therefore nontransferable to other persons or locations. F. Changes to plan. If an owner proposes any change in the operations or information in an approved plan, the owner must notify the City in writing of any such proposed change, and same must be approved by the City Manager before the change takes place. G. Existing owners. Upon adoption of this chapter, owners of existing businesses subject to the plan requirement must submit a plan for approval within 30 days of receiving notice from the City that such a plan is required. H. Mandatory loss prevention measures. If a retail establishment has five (5) or more shopping carts removed without the owner’s written consent within the twelve (12) month period commencing with the issuance or renewal of a business license, the City may require the business to obtain and maintain electronic or other disabling devices on all of owner’s shopping carts at the retail establishment. Effective thirty days from the date of adoption of the ordinance codified in this chapter, as a prerequisite to the renewal of a business license for any business providing shopping carts in the city of Palm Desert, the business must demonstrate that it has had four (4) or fewer shopping carts removed without the owner’s written consent within the previous twelve (12) months or that it has installed electronic or other disabling devices on all shopping carts. 5.91.100 Owner responsibility. It is the owner’s responsibility to ensure that the business complies with the abandoned shopping cart prevention and retrieval plan at all times. In construing and enforcing this chapter and any regulations promulgated under this chapter, the act, omission, or failure of an agent, officer, representative, or other person acting for or employed by an owner, within the scope of his or her employment or office, shall in every case be deemed the act, omission, or failure of the owner. 5.91.110 Disposal of shopping carts. The City may immediately sell or otherwise dispose of any shopping cart that meets one of the following conditions: A. That is not reclaimed from the city within 30 days of notification to the owner, or the owner’s agent, of the cart’s discovery and location, or impoundment. Item 3A-14 B. The owner of the cart cannot be determined for any reason, including if the cart fails to have the identification required by state law or this chapter. C. If the cart’s condition renders it unusable. 5.91.120 Exemption. Any owner may contract with the City for the retrieval of abandoned shopping carts by entering into a written contract to pay the City’s fees for such service. Any owner that has a contract with the City to provide for retrieval of abandoned carts, shall be exempt from the Loss Prevention Measures requirement in Section 5.91.090(B)(6) of this chapter. This exemption is valid only if the other provisions of this chapter are complied with by owner. 5.91.130 Enforcement and penalties. A. General. When an enforcement officer has determined that a violation of this chapter exists, the enforcement officer may use the procedures set forth in this chapter for the abatement of such public nuisance that is being committed on public property or may utilize any other procedure authorized by law. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available remedy under city, state, or federal law. B. Violation for failure to retrieve shopping cart. 1. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to retrieve the owner’s shopping cart(s) within three (3) business days from the date of being given notice of the cart’s or carts’ discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished by administrative fine of fifty dollars ($50) for each occurrence in excess of three (3) during a six month period. 2. In addition to the fines imposed above the owner shall pay the City’s actual costs for retrieving and storing the owner’s shopping cart(s) within three (3) business days from being given notice of the shopping cart’s or carts’ discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived. C. Other violations. Notwithstanding the fines and costs authorized by Business and Professions Code section 22435.7(f), when an enforcement officer determines where is a violation of the provisions of this chapter, he or she is authorized to issue a notice of violation or an administrative citation to the responsible party pursuant to Chapter 8.81 (Administrative Citations) of this code. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on the same day to any responsible party. Unless otherwise provided herein, any person who fails to comply with a notice of violation shall be subject to a fifty dollar ($50) administrative fine. Unless otherwise provided herein, any person who fails to comply with: (1) a first administrative citation or second violation of the same code Item 3A-15 section within thirty six (36) months shall be subject to a one hundred dollar ($100) administrative fine; (2) a second administrative citation, third or additional violations of the same code section within thirty six (36) months shall be subject to a two hundred fifty dollar ($250) fine; (3) a third administrative citation shall be subject to a two hundred fifty dollar ($250) administrative fine per violation per day. D. When an enforcement officer determines there is a violation of the provisions of this chapter, he or she may issue an infraction citation pursuant to the provisions set forth in Chapter 1.08 (Citations for Code Violations) including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any responsible party. E. The City Attorney is authorized to bring a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this chapter.” SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section 5.101.110 Regulatory permit suspension and revocation of Chapter 5.101 Commercial Cannabis Business Regulatory Permits is amended to read as follows: “5.101.110 Regulatory permit suspension and revocation. The city manager may suspend, modify, or revoke a regulatory permit issued pursuant to the provisions of this chapter for any of the following reasons: A. One or more of the circumstances upon which a regulatory permit could be denied exists or has occurred; B. One or more conditions of the regulatory permit has been violated; or C. The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the business have violated any provision of this code or state law.” SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section 10.48.200 Diagonal parking of Chapter 10.48 Stopping, Standing and Parking is amended to read as follows: “10.48.200 Diagonal parking. A. On any of the streets or portions of streets established by resolution of the council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it is unlawful for the operator of any vehicle to park the vehicle except: 1. At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of the allotted space; 2. With the front wheel nearest the curb within six inches of the curb. Item 3A-16 B. It is unlawful to park any oversize vehicle within diagonally marked spaces at any time when the length of the vehicle creates an obstruction to the normal flow of traffic, or which causes a reduction in the width of the normally traveled portion of the roadway. For the purposes of this section only, an oversize vehicle shall be defined as any vehicle that exceeds the dimensions of a marked parking space due to its length and/or width. C. The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 10.48.190 shall be complied with.” SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.010 is amended to read as follows: “25.02.010 Title and Purpose A. Title. This title shall be known as the Zoning Ordinance of the City. B. Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan. C. Role of Zoning Ordinance. Chapter 12 “Work Plan” of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives the orderly development of the City, and the elimination of haphazard land development, is required. Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development. D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the City is related to the City’s ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the guiding principles identified in the General Plan and include the following objectives: 1. Relate proposals for development to the provisions and recommendations of the City’s General Plan and ensure development is consistent with the guiding principles of the General Plan. To meet the guiding principles development proposals will be reviewed for their focus on: human-scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces. Item 3A-17 2. Foster a harmonious, convenient, workable and connected relationship among land uses. 3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole. 4. Provide population densities that support and encourage pedestrian activities such as walking and bicycling; that are connected to, and in proximity of, civic and education uses, open spaces, and commercial and employment opportunities. 5. Foster an environment that ensures pedestrian amenities connect the community, are designed to accommodate pedestrians and bicyclist, and that are conveniently located for the highest impact. 6. Forecast and plan for the City’s ability to provide community facilities, utilities, and services. 7. Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures. 8. Provide provisions for adequate bicycle parking, off-street parking, shared parking facilities, and off-street truck loading facilities. 9. Promote preservation of natural environmental features in the development and use of land within the City. 10. Develop land use regulations that will encourage infill development and redevelopment of existing sections of the City and provide for innovative development in undeveloped areas.” SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.050 is amended to read as follows: “25.02.050 Rules and Interpretation The Director of Community Development shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below. A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1. City of Palm Desert = City 2. Director of Community Development = Director Item 3A-18 3. Zoning Administrator = ZA 4. Architectural Review Commission = ARC 5. Planning Commission = Commission 6. City Council = Council 7. Development Services Department = Department B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive. 2. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including, but not limited to.” 4. Number of Days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business. C. Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. D. Calculations—Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down). E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. Item 3A-19 F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rules established under Section 25.04.030 (Zoning Map) apply. G. Consistency of Text and Diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code’s text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the City’s regulations. H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply.” SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.020 is amended to read as follows: “25.10.020 Characteristics of the Residential Districts The following descriptions of each residential district identify the characteristic uses, density, intensity of uses and the types of development intended for that district. A. Estate Residential District (RE). The district is intended to provide low intensity and neighborhood development (0.5—1.0 du/ac) and generally is characterized by limited development on large properties and preservation of natural features and open space. B. Single-Family/Mobile Home Residential District (R-1M). This district provides for the permanent placement and occupancy of single family dwelling units, factory built or manufactured dwelling units and mobile homes for residential purposes on purchased, rented or leased lots. The district is characterized as having moderated density (4.0—7.0 du/ac) focused around community space and amenities with walkable streetscapes. C. Single-Family Residential District (R-1). The intent of this district is to encourage the preservation and development of traditional residential neighborhoods. The district provides for low intensity development (2.0—8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. D. Mixed Residential District (R-2). The intent of this district is to provide moderate intensity and density (3.0—10.0 du/ac) for neighborhood development. Neighborhoods are characterized by a variety of housing choices and mixed-uses. Buildings are organized around formal and walkable streetscapes with high levels of pedestrian connectivity. E. Multifamily Residential District (R-3). The intent of this district is to provide suitable areas for moderate to higher intensity and density (7.0—40.0 du/ac) for Item 3A-20 residential development and small scale commercial activity. The zoning district is characterized by higher density residential development and mixed-uses in proximity to retail and commercial services. Buildings are organized around formal streetscapes with a variety of plazas and other pedestrian amenities and open spaces that are highly connected to surrounding development. F. Hillside Planned Residential District (HPR). The purpose of the hillside planned residential district is to provide for the lowest intensity (0.2 du/ac) of residential development by minimizing the grading of hillside areas and to preserve the natural contours of the land by avoiding extensive cut and fill of slopes that result in a padding or staircase effect within the development. This district is characterized by the preservation of natural features and protected viewsheds, architecture and landscape design that blends with the natural terrain, and informal and natural streetscapes that follow the topography of the land. G. Planned Residential District (PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0—40.0 du/ac), mixed housing types, and community facilities. The district is characterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes.” SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.030 is amended to read as follows: “25.10.030 Allowed Land Uses and Permit Requirements Table 25.10-1 “Use Matrix for Residential Districts” below identifies land uses and corresponding permit requirements for residential districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 “Definitions”. The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, , “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.10-1: Use Matrix for Residential Districts Item 3A-21 Residential Zoning District (P=Permitted; A=Administrative Use Permit\; C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Residential Uses Assisted living N C C C N N C Accessory dwelling unit P P P P P N P 25.34.030 Condominium N N C C N N C Dwelling, duplex N N P P N N N Dwelling, multifamily N N P P N N C 25.10.040.A Dwelling, second P P P P N P P Dwelling, single-family P P P N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.B Guest dwelling P P P N N P P Home-based business P P P P P P P 25.34.020 Junior accessory dwelling unit P P P P P N P 25.34.030 Manufactured home parks N N N N C N N Planned unit development, residential N N C C N C C 25.10.040.C Transitional and supportive housing see Note 1 Agriculture-Related Uses Apiary P P P N N P P 25.34.170 Botanical conservatory A N N N N N N Crops and horticulture, limited A N N N N N N Domestic animals P P P P P P P Garden, private P P P P P P P Greenhouse, commercial C N N N N N N Greenhouse, private P P P A A P P Horticulture, private P P P P P P P Kennel C N N N N N C 25.10.040.D Livestock raising, noncommercial C N N N N N N Nursery C N N N N N N Orchard A N N N N N N Stable, boarding A N N N N N N 25.10.040.E Stable, private A N N N N N N 25.10.040.E Recreation, Resource Preservation, Open Space, and Public Assembly Uses Cemetery N N N N N N C Community facility N N N N N N C Club, private N N C C N N C Crematory N N N N N N N Day care, large family P P P P P P P Day care, small family P P P P P P P Institution, educational2 C C C C C N C Institution, general2 N N N C N N C Institution, religious C C C C N N C Public park P P P P P P P Recreational use, commercial N N N N N N C 25.10.040.G Recreational vehicle park N N N N C N C Item 3A-22 Residential Zoning District (P=Permitted; A=Administrative Use Permit\; C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Recreation facility, commercial N N N N N N N Recreation facility, incidental C C C C C N C 25.10.040.H Recreation facility, private P N N P P N P Recreation facility, public C C C C C N C Utility, Transportation, Public Facility, and Communication Uses Electric substation N N N N N N N Fire station C C C C N N C Public service facility C C C C C N N Public utility C C C C C N N Utility facility N N N N N N C Retail, Service, and Office Uses Bed and breakfast C N N C N N N Commercial parking lot N C N C N N N 25.10.040.I Condominium hotel, converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.L Professional office N N C C N N N 25.10.040.M Resort hotel N N N C N N C 25.10.040.J Timeshares N N N N N N C Temporary Uses See Section 25.34.080 Notes: 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted.” SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.040 is amended to read as follows: “25.10.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. Item 3A-23 B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to 6 or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least one hundred feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. c. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within one hundred feet of an adjacent property not zoned RE (i.e., R1, O.P., PR). 4. Definitions for “organic material,” and “diverted” from Chapter 8.16 shall apply to this subsection. Animal manure shall be stored in appropriate receptacles and composted or otherwise properly diverted as an organic material, according to Chapter 8.19, not less than once per week. 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. Item 3A-24 F. Large Family Day Care. Allowed within a single-family or multi-family residence located in a residential zoning district with no city land use permits or clearances required per State law. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the city. G. Recreational Use, Commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, Incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district, the maximum density shall be approved by the Commission or Council. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided property to be developed is abutting or across the street, or across an alley from commercially zoned property. Residential development standards are to be used to ensure compatibility.” SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.050 is amended to read as follows: “25.10.050 Development Standards The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the city’s minimum requirements and expectations for high-quality development. Item 3A-25 A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All lots will be entitled to at least one unit. 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: a. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. c. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection (A)(2). f. Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 3. Exception. The standards of subsections (A)(1) through (A)(3) of this section shall be required unless modified by one of the following: a. Precise Plan. The commission and council may approve a precise plan of design through public hearing process that modifies the standards in subsection (A)(1) through (A)(3). Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the commission or council may determine to be in conformity with the purposes set forth in this section. Item 3A-26 b. Previously Approved Existing Building Pads. If a property owner can demonstrate that a previous building pad was approved by the city or county before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. 4. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 5. Development on or across ridges is prohibited. 6. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the city to the maximum extent feasible. 7. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: a. Dedication of common open space to the city, which is subject to formal acceptance. b. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. c. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 8. Design Criteria. The following design criteria are established: a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the Item 3A-27 landscape and particular attention shall be given to the retention of natural landscape features of the site. c. The layout of structures and other facilities shall affect a conservation in street and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. B. Planned Residential District Standards. 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed) to a PR district along with a precise plan, tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with 7 units per gross acre. 4. Maximum Density for “Affordable Projects.” For projects containing at least 20 percent units affordable to low-income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be allowed by precise plan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. Item 3A-28 5. Development Standards Applicable. All areas within the project site shall be subject to the following: a. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. b. Off street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. c. Utilities. For provisions regarding utilities, see Section 25.40.120. d. Signs. All signs shall be in compliance with Chapter 25.56. e. Outside Storage. No outside storage shall exceed the height of actual perimeter screening. f. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. g. Discarded Material Handling. Discarded material holds the same definition and regulations as provided in Chapter 8.16. Enclosures for handling discarded materials shall be provided for all developments within the PR district with the exception of single-family detached dwelling units. An enclosure for discarded materials will be provided and follow the regulations as established in Chapter 8.12. The freestanding discarded materials enclosure shall be constructed of masonry block. No discarded materials shall be allowed to extend above or beyond the enclosure. h. Site Plan Review. Review of a site plan by planning department staff shall be required before a building permit is issued for any development in the PR district. 6. Special Standards. In addition to requiring all development plans to comply with the following special standards the council and/or commission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. a. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have a minimum area greater than 10 acres. b. Minimum Project Width. Projects of less than 7 dwelling units per acre shall have a minimum width of two hundred feet. Projects of 7 to 18 dwelling Item 3A-29 units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. c. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all property lines adjacent to existing or proposed public streets. d. Minimum Project Building Coverage. Projects of less than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+ dwelling units per acre shall have a maximum building coverage of 80 percent. e. Minimum Lot Area. For single-family detached, the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling, the minimum lot area shall be 3,000 square feet. For multiple-family buildings, the minimum lot area shall be as approved on the tract map. f. Minimum Yards—Development Standards. For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side, and rear yards shall be as approved on the tract map. 7. Minimum Separation Between Sides of Buildings. For single-story, single- family detached buildings there shall be a minimum of 7 feet between sides. For two-story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 8. Minimum Common Open Space. a. Projects of less than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. b. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. c. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. d. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or dedicated to the city for public parks. e. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. Item 3A-30 9. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 10. Maximum Dwelling Units per Building. The maximum number of dwelling units per building shall be as approved by the Planning Commission. 11. Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off street parking facilities. 12. RV Park Standards. The following standards apply to recreational vehicle parks: a. Minimum project size of 5 acres; b. Maximum density of 12 spaces per acre; c. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet; d. Minimum 40 percent common open space/recreation area; e. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles; f. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping; g. Projects may be single-use or developed as part of a larger resort or residential development; h. RV parks shall be taxed as a transient occupancy use; i. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by commission. 13. Building Setbacks from the Planned street Line. The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section: Item 3A-31 Table 25.10-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 14. Two-story, single-family detached building setbacks from project perimeter: a. The minimum setback shall be one hundred feet or one lot depth, whichever is more. b. The commission may waive interior setback requirements when adjacent developments are planned simultaneously. 15. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. 16. Approval Criteria. The commission and/or council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the commission/council may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan. All development within the PR district shall comply with the development plan as approved and adopted by the commission/council. Table 25.10-3: Residential Zoning District Development Standards Measurement/Zonin g District RE3 R-13 R-2 R-3 R- 1M1 HPR4 P.R. 5 ≥1 ac ≥15,00 0 sf ≥10,00 0 sf, but ≤15,00 0 sf <10,00 0 sf Residential Density Density (du/ac), min – max 1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 - 40 7 1/5 ac 4 - 40 Lot Dimensions Lot size, min 40,00 0 sf 15,000 sf 10,000 sf 8,000 sf 3,500 sf 3,00 0 sf 20 ac / 5,00 0 sf – – Lot size, max 1 ac No max 14,999 sf 9,999 sf No max No max No max – – Item 3A-32 Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – – Lot depth, min 200′ 125′ 100′ – - - – – – Setbacks Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ / 5′ – – Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ / 5′ – – Combined both sides, min 30′ 30′ 20′ 10′ 6 10′ 10′ – – – Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ / – – – Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ / 5′ – – Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) Coverage Lot coverage, max percentage of lot area 30% 35%2 35%2 35%2 60% 75% – 10% 50% Building Measurements Height, max 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC) 15′ (30′ ARC) 8 40′ 18′ _ 40′ Number of stories, max 1 1 1 1 2 3 1 1 3 Dwelling unit size, min 1,500 sf 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf – – – Dwelling unit size, max – – – – 4,000 sf 4,00 0 sf – 4,000 sf – Site area per dwelling unit, min – – – – 4,000 sf 2,50 0 sf – – – Building pad area, max – – – – – – – 10,00 0 sf – Open Space Group usable open space per dwelling unit, min – – – – – 300 sf – – – Notes 1. The dimension requirements included in this column apply to manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a property. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. Item 3A-33 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the City of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). 8. Allowable building height is 30 feet with approval by the Architectural Review Commission for buildings exceeding 15 feet. Public notification to immediately adjacent properties 10 days prior to the ARC meeting. Figure 25.10-1 Palm Desert Country Club Setbacks ” Item 3A-34 SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.030 is amended to read as follows: “25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.B Dwelling, duplex C C C C C C 25.16.040.B Dwelling, multifamily C C C C C C 25.16.040.B Dwelling, single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.B Single-room occupancies N N N N N C Homeless shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Item 3A-35 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.C Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Accessory massage establishment P N P P P N 25.34.160 Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis retail N C C C C N 25.34.120 Cannabis testing and research laboratory C N N N N C 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P A Hotel N A A A P N 25.34.070 Independent stand-alone massage N N P P N N 25.34.160 Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A A A A P A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Item 3A-36 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (outdoor/indoor) N N N N N C (outdoor) A (indoor) Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.I Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N C 25.34.120 Cannabis delivery N N N N N C 25.34.120 Cannabis distribution N N N N N C 25.34.120 Cannabis manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts.” SECTION 11. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.050 is amended to read as follows: “25.16.050 Development Standards The development standards included in Table 25.16-5 (Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City’s minimum requirements and expectations for high-quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16-5 (Commercial and Industrial District Development Standards) the following special setback provisions apply: Item 3A-37 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-5 (Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be measured from the property line and shall be based on the street type designated by the General Plan. 2. Building setbacks from planned street lines. Table 25.16-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Secondary 32 feet Collector 25 feet Local 25 feet 3. Where commercial districts abut a residential district, a fence or wall 6 feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions. Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030 C. Special standards within the Service Industrial (SI) District. Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at Table 25.16-3 and the following standards: Table 25.16-3: Maximum Permitted Decibels Octave Band in Cycles-Second (decibels) Adjacent Residential District Boundaries (decibels) Lot Line of Use in the SI Zone (decibels) 0–75 72 79 Item 3A-38 76–150 59 74 151–300 52 66 301–600 46 59 601–1200 42 53 1201–2400 39 47 2401–4800 34 41 Above 4800 32 39 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of 0.003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below 0.003 of 1 inch as measured at the lot lines. 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time. 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. D. Special standards within the Office Professional (OP) district. Item 3A-39 1. When adjacent to single-story residential, the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4: Additional Setback in OP District Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet 22 feet 45.72 feet 23 feet 52.15 feet 24 feet 58.58 feet 25 feet 65 feet 2. Second-story windows: Second-story windows are allowed to face adjacent single-story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. Table 25.16-5: Commercial and Industrial District Development Standards Commercial/Industrial District OP PC-11 PC-21 PC-31 PC-41 SI Lot Dimensions Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf Lot size, max None 10 ac 20 ac None None None Lot width, min 70′ None None None No min 100′ Lot depth, min 140′ None None None No min 100′ Setbacks2 Front yard, min 12′ min, 15′ avg – – – 30′ 20′ Side yard, min (interior/exterior) 0′/20′ 3,4,7 0′/20′ 3,4 0′/20′ 3,4 – 15′ 0′/10′ 5 Street side yard, min 12′ min, 15′ avg – – – – 10′ Rear yard, min 0′/20′ 3,4 0′/20′ 3,4 0′/20′ 3,4 – 20′ 0′/25′ 5 Coverage Floor area ratio 0.75 0.5 1.0 1.0 0.10 0.75 Residential density range (mixed-use) 10.0 10.0 – 15.0 10.0 – 15.0 10.0 – 15.0 10.0 - Building Measurements Height, max (single-use) 40′, 3 stories 35′, 2 stories 35′, 2 stories 35′, 2 stories 55′, 4 stories 40′, 3 stories Height, max 40 40 40 40 55 - Item 3A-40 (mixed-use) No. of stories (mixed-use) 3 3 3 3 4 - Building size, max8 – 10,000 sf 30,000 sf – – – Landscaping Required landscaping, min percentage of lot area 15% 15% 15% 20% 20%9 – Depth of landscaping in street setback area, min 10′ 10′ 20′ 30′ 10′ – Notes: 1. Development standards may be modified through the precise plan process as specified in Section 25.72.030. 2. See Section 25.16.050.A (Special setback requirements). 3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property, the setback is 0. 4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential structure is equal to the building’s height. 5. When an SI zone is adjacent to or across the street from residentially zoned property, the minimum side setback is 10 feet and the minimum rear setback is 25 feet. 6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the same time. 7. When adjacent to single-story residential, see Section 25.16.050.D (Special standards within the Office Professional (OP) district). 8. This standard refers to the maximum area for any single commercial enterprise. 9. For hotels, a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system.” SECTION 12. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is amended to read as follows: Item 3A-41 “25.18.040 Land Use and Permit Requirements Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted Land Use Zone Special Use Provisions D D-O DE DE-O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C 1 C 1 C C 25.16.040.B Dwelling, duplex C 1 C 1 C P 25.16.040.B Dwelling, multifamily C 1 C 1 C P 25.16.040.B Dwelling, single-family C 1 C 1 C N 25.16.040.B Group home C 1 C 1 C N 25.16.040.B Junior accessory dwelling unit P P P P 25.34.030 Home-based business P4 P4 P4 P4 25.34.020 Agriculture-Related Uses Garden, private C 1 C 1 N P Greenhouse, private N N C P Horticulture, private N N C P Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C Day care center C 1 C 1 N N Day care, large family N N N P 25.10.040.F Day care, small family N N N P Institution, educational N N C C Institution, general N N C C Institution, religious N N C C Mechanical or electronic games, ≤ 4 P 1 P 1 P N Item 3A-42 Land Use Zone Special Use Provisions D D-O DE DE-O Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N Recreational facility, incidental N N N C 25.10.040.H Recreation facility, private N N N P Recreation facility, public N N N C Retail, Service, and Office Uses Accessory massage establishments P P P N 25.34.160 Ancillary commercial N N A N 25.16.040.E Art gallery P P P A Art studio P 1 P 1 A A Book and card shops P P N N Bed and breakfast N N C C Cannabis retail C N C N 25.34.120 Cannabis testing and research laboratory C N N N 25.34.120 Clothing and apparel shops P P P N Convention and visitors bureau P 1 P 1 C N Drugstore P 1 P 1 N N Financial institution P 1 P 1 C N Furniture stores and home furnishings P P P N Gift and accessories boutiques (including small antiques) P P P N Grocery store < 35,000 SF C 1 C 1 N N Health club, gyms or studios C 1 , 2 C 1 , 2 C 2 N Hotel C C C C Independent stand-alone massage establishments P 1 P 1 C N 25.34.160 Jewelry shops P P P N Liquor store P 1 P 1 N N Liquor, beverage and food items shop P 1 P 1 N N Luggage shops P P P N Medical, clinic P 1 P 1 P N Medical, office P 1 P 1 P N Medical, hospital P 1 P 1 C C Medical, laboratory N N P N Mortuary C 1 C 1 N N Office, professional P 3 P 3 P C 25.28.040.C Office, local government P 1 P 1 P N Office, neighborhood government N N N C Office, travel agency P 3 P 3 P N 25.10.040.K Outdoor sales A 1 A 1 A N Personal services P P P N Restaurant C 2 C 2 C 1 N 25.16.040.H Retail P P P N Retail, bulky items P 1 P 1 C N Spa P P P C Sundries shops (general merchandise) P P P N Item 3A-43 Land Use Zone Special Use Provisions D D-O DE DE-O Time-share project C 1 C 1 N N Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C Commercial communication tower C C C Commercial parking lot P P C C 25.10.040.I Office parking lot N N N C 25.10.040.L Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency P P C N Automotive service station C C N N Temporary Uses See Section 25.34.080 1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District. 4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed-use developments.” SECTION 13. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28.060 is amended to read as follows: “25.28.060 Planned Community Overlay District A. Purpose and applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Specific Plan as outlined in Section 25.78.080 is required for approval of a development in the Planned Community Overlay district. B. Requirements. 1. Site area. A minimum of 100 acres shall be required for a planned community development. Item 3A-44 2. Master plan required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application. An application for an overlay zone shall be submitted by the owner, an authorized agent, or the purchaser of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director. D. Procedure. 1. Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E. Termination of overlay zone. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within two years from date of adoption of the resolution establishing the zone. 2. An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the Item 3A-45 applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 3. Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards.” SECTION 14. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28.120 is amended to read as follows: “25.28.120 Bermuda Dunes Airport Area A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, identified in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.28-1. B. Permitted uses. All uses permitted in the underlying district are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document. Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan Item 3A-46 SECTION 15. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.34.020 is amended to read as follows: “25.34.020 Home Occupations A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Applicability. Home occupations are permitted in all residential zoning districts, subject to compliance with the standards of this section and other relevant requirements of this title. C. Permit requirements and procedures. Establishment and operation of a home- based business shall require approval of a home-based business permit processed by the Director in accordance with this section. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this chapter. Additional information necessary to make the findings required for approval may be required by the City. Permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. D. Participants. The permittee shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Item 3A-47 Only residents of the subject residential dwelling may operate, engage in, or conduct the home-based business, except that not more than one outside person who is not a resident of the subject dwelling may also participate in the operation or conduct of the subject home-based business. For purposes of determining participation, general domestic help will not be considered an employee. E. Permitted uses. The intent is to permit a wide range of home-based businesses which do not negatively impact the residential area. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home-based businesses may be conducted at the site: 1. Professional Office Occupation. Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. Instructional Services Occupation. Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including but not limited to academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. Maximum number of students at any one time shall be limited to six. 3. Home Craft Occupations. Home craft occupation is an occupation that results in a tangible product, including but not limited to dress making, furniture making, toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. 4. Cottage Food Operations. A cottage food operation, as defined in California Health and Safety Code Section 113758, shall be a permitted home- based business provided it complies with all applicable provisions of this subsection and under the California Health and Safety Code, as it may be amended. i. The permit applicant shall be the individual who conducts the cottage food operation from their private residential dwelling unit and is the owner of Item 3A-48 the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site. ii. The cottage food operation shall be registered or permitted as a “Class A” or “Class B” operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii. Any applicant for a permit under this chapter shall provide to the City, as part of the home-based business application: (1) a copy of the operation’s registration or permit to operate as a “Class A” or “Class B” operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self-certification checklist submitted to and approved by the County. iv. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this chapter, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. v. A permit issued under this subsection may be revoked for any violation of this chapter or of Section 114365 et seq. of the California Health and Safety Code. vi. The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter and/or California Health and Safety Code Section 114365 et seq. vii. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 5. Residential Estate (RE) Exceptions. i. Home-based businesses or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet. ii. It is unlawful to park or store any commercial vehicle on the property with the exception of one pickup truck or van of 10,000 pounds or less. iii. One employee may park their vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. Item 3A-49 F. Prohibited uses. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home-based businesses and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home-based businesses: 1. Auto repair and auto body repair. 2. Barber and beauty shops. 3. Bicycle repair. 4. Carpentry work. 5. On-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site. 6. Laundering service. 7. Medical and dental offices. 8. Painting of vehicles, trailers, or boats. 9. Photo studios. 10. Private schools with organized classes. 11. Upholstering. 12. Storage of equipment, materials, and other accessories to the construction and service trades. 13. Welding and machining. G. Performance standards. The following performance standards apply to all home occupations. 1. The establishment and conduct of a home-based business shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. A home-based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25 percent of the combined floor area of the house and garage. Item 3A-50 3. The home-based business shall not encroach into any required parking, setback, or open space areas. 4. There shall be no signs, displays, outdoor storage, parked vehicles, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 5. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. 6. There shall be no signs other than the address and name of the resident. 7. The home-based business shall not involve the use of commercial vehicles exceeding the manufacturer’s gross vehicle weight rating of 10,000 pounds or more, except for delivery of materials to or from the premises. 8. The home-based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. 9. If the home-based business is to be conducted on rental property (single- family dwelling), the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home-based business permit. 10. No tool or instrument used in connection with a home-based business shall possess a power rating of greater than three horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home-based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law.” SECTION 16. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.030 is amended to read as follows: “25.40.030 Projections into Required Setbacks A. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project into required yard areas as identified in Table 25.40-1 (Projections). Table 25.40-1: Projections6 Maximum Projection into Required Setbacks Minimum Setback from Property Lines All projections (unless otherwise specified) Item 3A-51 - Front, rear, or street side yard 6′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Oriel or bay window1 - Front, rear, or street side yard 3′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Porches and steps2 - Front, rear, or street side yard 6′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Balconies (over 6′-0″ above ground) - Front or rear yard 6′-0″ 5′-0″ - Internal side yard 5′-0″ 5′-0″ - Street side yard 5′-0″ 3′-0″ Open stairways3 (all yards) 4′-0″ 3′-0″ Covered patios4 - Rear yard 8′-0″ 3′-0″ - Side yard (within 35 feet of rear lot line) 5′-0″ 5′-0″ - Maximum coverage of rear yard 50% Underground structure5 No limit 5′-0″ Notes: 1. Limited to a maximum width of 10′-0″ or 50% of façade length, whichever is greater. 2. No roof. The railing height from ground level (measured at property line) to the top of the railing cannot exceed 6′-0″. 3. Open, unenclosed fire escapes and fireproof outside stairways. 4. Attached to a main structure only. If detached, the patio cover is considered an accessory structure. 5. Maximum height of any underground structure from grade (at property line) is 2′-0″. 6. All portions of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units shall comply with the minimum required setbacks established under Section 25.34.030. Figure 25.40-5: Projections into Required Setbacks Item 3A-52 B. Projections over public property in commercial zones. Building projections into public rights-of-way in commercial zones shall be regulated by the currently adopted Uniform Building Code.” SECTION 17. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.070 is amended to read as follows: Item 3A-53 “25.40.070 Private Tennis Courts and Sports Courts Private tennis courts/sports courts are subject to review and approval by the ARC and shall be constructed consistent with the following: 1. A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line. 2. No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with Section 25.72.050 is approved by the Commission. 3. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners. 4. All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping. 5. A landscape and irrigation plan shall be provided for review and approval by the ARC. 6. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements. 7. If the tennis/sports court is depressed at least 4 feet below the existing grade or the fence is no more than 6 feet above the adjacent grade then the court may be located to within 5 feet of the side and rear property lines. 8. Design and orientation of new or converted sports courts shall be subject to ARC review to ensure minimal impacts on adjacent properties. Applications for new or modified sport courts shall submit documentation demonstrating the proposed sport court will not cause adverse noise impacts to residential uses on adjacent properties. Figure 25.40-10: Private Tennis Courts and Sports Courts Item 3A-54 ” SECTION 18. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.090 is amended to read as follows: “25.40.090 Screening A. Purpose. This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot Landscaping Standards). Item 3A-55 B. Screening materials and characteristics. 1. Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence, vine-covered fence, or compact evergreen hedge. 2. Hedge material used as screening shall not be less than 3 feet in height when planted and shall not be permitted to exceed the specified height by more than 1.5 feet. 3. Where trees are used, they shall have a mature height of not less than 20 feet and space no more than 20 feet apart from tree trunk to tree trunk. 4. All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided. C. Rooftop equipment. 1. All roof-mounted equipment in the single-family residential district including, but not limited to, heating, exhaust fans, cooling, solar, and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof-mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: (1) unreasonably delay or prevent installation, maintenance or use; or (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. 2. All rooftop equipment in commercial and industrial zones, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. D. Satellite receiving dish. 1. A satellite receiving dish of 5 feet or more in diameter must conform to the following standards depending on location: i. Planned Residential Developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. ii. Other Residential Areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet Item 3A-56 of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed 14 feet if within 20 feet of a property line or 18 feet otherwise. iii. Commercial and Industrial Areas. ARC approval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening. E. Mechanical. 1. All mechanical equipment in general commercial and industrial districts, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. F. Service Industrial district. 1. In a Service Industrial District the required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation. 2. A masonry wall at a minimum height between 5 and 7 feet shall be provided along all property lines except those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 3. A dense hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect. 4. Perimeter screening will not be required if deemed unnecessary by the ARC, based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. G. Planned residential district. 1. All screening requirements for developments within the planned residential (PR) shall be determined by the ARC during its site plan review proceedings. H. Planned commercial district perimeter. Item 3A-57 1. A masonry wall at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 2. An opaque hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect. 3. Perimeter screening will not be required if deemed unnecessary by the ARC based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. I. Outside storage. No outside storage shall exceed the height of actual perimeter screening.” SECTION 19. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.46.040 is amended to read as follows: “25.46.040 Parking Requirements A. Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle parking space requirements for specific uses. Where there is more than one parking ratio listed in the table, the greater of the two applies. Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building. Unless otherwise noted, this includes public and private areas. Table 25.46-1: Parking Schedule Use Minimum Stalls Required Residential Uses Children’s homes 1 per 4 beds1 Cluster housing Studio and one bedroom 2 per unit Two and more bedrooms 2 per unit Condominium Studio and one bedroom 2 per unit Two and more bedrooms 2.5 per unit Dwelling, mobile home 2 per unit Dwelling, multifamily Studio and one bedroom 2 per unit Two and more bedrooms 2 per unit Item 3A-58 Use Minimum Stalls Required Dwelling, single-family 2 per unit Residential care facility 1 per 4 beds1 Residential care home 1 per 4 beds1 Agricultural and Animal-Related Uses Stables, boarding 1 per 5 stables2 Veterinary facility 3 per 1,000 sq. ft. Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly uses 1 per 3 seats or 1 per 18 inches of bench area Billiard halls 2 per billiard table Bowling alleys 2 per alley Golf-related uses Driving ranges 1 per tee3 Golf courses 4 per hole3 Pitch and putt 3 per hole3 Libraries 2 per 1,000 sq. ft. Preschools, nursery schools, and day nurseries 2 per 3 employees + 1 per 8 children Private clubs, union halls, lodge halls 10 per 1,000 sq. ft. Religious institutions 1 per 3 seats3 Schools, private 1 per employee plus 1 per 3 students at maximum classroom capacity Skating rinks, ice and roller 10 per 1,000 sq. ft.3 Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench area Swimming pools, commercial 2 per 1,000 sq. ft. of pool area3 Tennis facilities, commercial 3 per court or 1 per 18 inches of bench area Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench area Utility, Transportation, Public Facility, and Communication Uses Public utility facilities 2 or 1 per employee (in the largest shift) + 1 per vehicle used in conjunction with the use Retail, Service, and Office Uses Appliance stores 2 per 1,000 sq. ft. Banks 3 per 1,000 sq. ft. Drugstores 3 per 1,000 sq. ft. Financial institutions and savings and loan offices 2 per 1,000 sq. ft. Furniture stores 2 per 1,000 sq. ft. Plant nursery with outdoor sales and 2.5 per 1,000 sq. ft. of gross building area Item 3A-59 Use Minimum Stalls Required display5 excluding greenhouse area Grocery stores 3 per 1,000 sq. ft. Gym, commercial 8 per 1,000 sq. ft.4 Gym, personal studio 4 per 1,000 sq. ft. Health, figure, and exercise salons and spas 5 per 1,000 sq. ft.4 Hotels 1 per guest unit3 Lumber yards 2 per 1,000 sq. ft. of floor area + 1 per 1,000 sq. ft. of open area for sales and display Medical, clinics 5 per 1,000 sq. ft. Medical, hospitals 1.75 per bed Mortuaries 5 + 250 sq. ft. of usable and accessible paved parking area for every 25 sq. ft. of assembly room floor area Motels 1.1 per guest unit3 Offices 4 per 1,000 sq. ft. Personal services 4 per 1,000 sq. ft. Resort hotels 1.1 per guest unit7 Restaurants 8 per 1,000 sq. ft. Retail uses, general 3 per 1,000 sq. ft.7 Shopping centers, community and regional 4 per 1,000 sq. ft.7 Shopping centers, specialty and district 3 per 1,000 sq. ft.7 Automobile and Vehicle Uses Auto rental agencies 3 per 1,000 sq. ft. of gross rentals Auto repair/service stations 1 per 1,000 sq. ft. Auto gas/convenience 3 per 1,000 sq. ft. Auto washing, full service 3.5 per 1,000 sq. ft. Auto washing, self service 1 per vacuum station or wash stall Auto and vehicle sales 2 per 1,000 sq. ft. Industrial, Manufacturing, and Processing Uses Industrial uses, general5 2 per 1,000 sq. ft.6 Storage, personal storage facility 6 + 2 per caretaker unit7 Support facilities for construction, renovation, and equipment installations Provide as needed Warehouses and storage facilities 2 per 3 employees and not less than 1 per 1,000 sq. ft. for the first 20,000 sq. ft.; 1 per 2,000 sq. ft. for the second 20,000 sq. ft.; 1 per 4,000 sq. ft. for area in excess of initial 40,000 sq. ft. Wholesaling and distribution 1 per 3,000 sq. ft. Item 3A-60 Notes: 1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit. 2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees. 3. As is needed, additional parking should be provided for other uses on the site. 4. Swimming pool area shall be counted as part of a facility’s floor area. 5. Except structures used exclusively for warehousing purposes. 6. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 7. Additional parking may be required by the Director through the precise plan process. B. Valet parking. Valet parking is subject to review and approval either at the time the predominant use is approved through a conditional use permit with insurance provisions or later as a specific item by the Code Compliance Supervisor but not until one year after occupancy resulting from the conditional use permit. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the City Attorney. C. In-lieu parking payments. In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee per parking space to the off-street parking fund of the City prior to issuance of a building permit provided that the district in which the use is to be established is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclusively for the purpose of acquiring and developing off- street parking facilities, limited insofar as practicable to the general vicinity of the premises for which in-lieu payments were made. The payment shall be in an amount set forth by Council resolution. This provision shall apply only to projects in the Downtown Districts per Chapter 25.18 of this Title and OP districts and may not be used to replace more than 50 percent of the required spaces.” SECTION 20. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.46.080 is amended to read as follows: “25.46.080 Joint Use Parking Item 3A-61 Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses involved. The agreement for the joint use shall be in the form of a recorded covenant and shall be acceptable to the City attorney. The approval for the joint use can be granted only by the Commission and shall apply exclusively to the Downtown Districts per Chapter 25.18 of this Title and OP zoning districts.” SECTION 21. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.050 is amended to read as follows: “25.60.050 Application Review and Report After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the designated approving authority describing the project, and their recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.” SECTION 22. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.120 is amended to read as follows: “25.60.120 Revocation This section provides procedures for the revocation of previously approved land use entitlements or permits. A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit. B. Decision to revoke. 1. The ZA may revoke a temporary use permit without a public hearing at the sole discretion of the ZA. 2. The Director may revoke a home-based business permit and a certificate of use without a public hearing at their sole discretion. 3. Except as specified in paragraphs 1 and 2 above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing by the review body that originally approved Item 3A-62 the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060 (Public Hearing and Public Notice). C. Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made: 1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. 2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit. 3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status. 5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute. 6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance.” SECTION 23. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.150 is amended to read as follows: “25.60.150 Certificate of Use and Occupancy A. Purpose. In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this title, a use certificate is required before any building permit may be issued or any structure or site is used. A certificate of occupancy as required in the City building code shall be issued only for a structure that conforms to the use certificate. B. Application and issuance of use certificate. Applications for a use certificate shall be made on a form prescribed by the Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Director to demonstrate conformity with this title. The Director shall check the application and all data submitted with it and shall issue a use certificate if they find that all applicable provisions of this title will be complied with. Item 3A-63 C. Issuance of building permit. The building official shall not issue a building permit until the ZA has approved a use certificate for the structure which is the subject of the building permit. D. Issuance of certificate of occupancy. The building official shall not issue a certificate of occupancy for a structure or alteration until they have found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and they have found that all conditions attached to a use permit, a variance, and design review have been met; provided, that the building official may issue a certificate of occupancy prior to the fulfillment of all requirements of this title if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the City. Cash in the amount of the faithful performance bond may be deposited with the City in lieu of the bond. E. Temporary certificate. A temporary certificate of occupancy may be issued by the Building Official prior to the time that all of the requirements for a certificate of occupancy have been met; provided, that no permit other than a temporary permit shall be issued for gas or electric utilities until the Building Official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the Building Official shall request the public utility to discontinue service. F. Determination of compliance with required conditions. If the Director is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, they shall not issue a use certificate, but shall, at their option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant.” SECTION 24. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.090 is amended to read as follows: “25.62.090 Notice of Nonconformity The owner or occupant of property that is determined to be a nonconforming lot, building, or use under this chapter shall receive a notice, in writing, of that determination. A. Notice contents. The notice shall state the grounds for the decision and shall require the nonconforming lot, building, use, or land to be abated within a time determined by the City staff to be reasonable. The letter shall advise that if the nonconforming lot, building, or use is not abated within the time specified, the abatement work will be completed by the City and the costs thereof will be charged against the property or its owner. The notice shall furthermore provide that any person Item 3A-64 having any record title or legal interest in the building or lot may request a hearing, provided that the request is made in writing, as provided in this section, and filed with the City within 30 days from the date of service of such notice. The notice shall finally provide that failure to request a hearing will constitute a waiver of all right to an administrative hearing and determination of the matter. B. Service of notice of nonconformity. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the City or disclosed from public records: 1. The holder of any mortgage or deed of trust or other lien or encumbrance of record. 2. The owner or holder of any lease of record. 3. The holder of any other estate or legal interest of record in or to the building, or the land on which it is located. The failure of the City to serve any person required in this subsection to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on them by the provisions of this section. C. Method of service—Effective date of service. Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the County or as known to the City. If no address of any such person so appears, or is known to the City, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing. D. Proof of service. Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by the persons effecting such service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the City staff.” SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.100 is amended to read as follows: “25.62.100 Abatement Hearings Item 3A-65 A. Request for hearing. Any person entitled to notice under Section 25.62.090 of this chapter may, within 30 days of receipt of the notice, request a hearing. The request for hearing shall be in writing, and shall contain the following information: 1. A brief statement setting forth the legal interest of each of the persons requesting the hearing in the building, land, or lot involved. 2. A brief statement in ordinary and concise language of the specific City action protested, together with any material facts claimed to support the contentions of the persons requesting the hearing. 3. A brief statement, in ordinary and concise language, of the relief sought, and the reasons why it is claimed the protested City action should be reversed, modified, or otherwise set aside. 4. The signatures of all parties requesting the hearing, and their official mailing addresses. 5. The verification, by declaration under penalty of perjury, of at least one person who is requesting the hearing, as to the truth of the matters stated in the request for hearing. B. Abatement hearing board established. In order to provide for final interpretation of the provisions of this chapter, and to conduct hearings provided for below, there is established an abatement hearing board, hereinafter referred to as the “board,” consisting of three members. One such member shall be a member of the Council. A second member shall be a member of the Commission. A third member shall not be an employee of the City. The Director shall be an ex-officio member of, and shall act as secretary to the board. The board shall be appointed by the Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its business, and shall render all decisions and findings, in writing, to the person requesting a hearing, with a copy to the Director. Copies of all rules and regulations adopted by the board shall be delivered to the Director, who shall make them freely accessible to the public. C. Notice of hearing—Form. As soon as practicable, after receiving the written request for a hearing, the board shall fix a date, time, and place for the hearing by the board. Such date shall be not less than 10 days or more than 60 days from the date the request for hearing was filed. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing, to each person requesting a hearing by the secretary of the board, either by causing a copy of such notice to be delivered to the persons requesting the hearing personally, or by mailing a copy thereof, postage prepaid, addressed to the person requesting the hearing at their address shown on the request for a hearing. The notice to the person requesting the hearing shall be substantially in the following form, but may include other information: Item 3A-66 1. You are hereby notified that a hearing will be held before the abatement hearing board at _____ on the ______ day of _________, ______, at the hour of _________, upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents, or other things by filing an affidavit therefor with the abatement hearing board. D. Hearing procedures. The following procedures shall apply to the conduct of the hearing: 1. The hearing shall take place before the three members of the abatement hearing board, who shall act as hearing examiners to conduct the hearings. 2. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording, determined to be appropriate by the board. 3. The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties, upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved. 4. The board may grant continuances for good cause shown. 5. In any proceedings under this chapter, the board, or any board member, has the power to administer oaths and affirmations and to certify to official acts. 6. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 7. The board may obtain the issuance and service of a subpoena for the attendance of witnesses, or the production of other evidence at a hearing upon the request of a member of the board, or upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in their possession or under their control. 8. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 9. Oral evidence shall be taken only on oath or affirmation. Item 3A-67 10. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient, in itself, to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 11. Any relevant evidence shall be admitted, if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 12. Irrelevant and unduly repetitious evidence shall be excluded. 13. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the board or departments and ordinances of the city, or rules and regulations of the hearing board. 14. The board may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before the inspection is made, the parties are given an opportunity to be present during the inspection, and the board shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board. 15. The hearing shall be open to the public. 16. The City shall have the burden of proof, and shall first present its evidence as the first order of business. The party requesting the hearing may then cross- examine the witnesses presented on behalf of the City. The person requesting the hearing may then present evidence. The City may then cross-examine the witnesses presented on behalf of the person requesting the hearing. 17. Upon receipt of all the evidence the board shall then retire to deliberate and shall render a decision not less than 5 days after the date of the hearing. The City has the burden of persuasion by a preponderance of the evidence, which burden shall be taken into consideration by the board in rendering its decision. 18. The decision of the board shall be in writing and shall contain findings of fact; a determination of the issues presented, and shall also contain the requirements to be complied with by the person requesting the hearing. A copy of the decision shall be delivered to the person requesting the hearing, personally, or sent to them by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. Item 3A-68 E. Rights of parties at the hearing. Each party shall have these rights, at the hearing: 1. To call and examine witnesses on any matter relevant to the issues of the hearing. 2. To introduce documentary and physical evidence. 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing. 4. To impeach any witness, regardless of which party first called them to testify. 5. To rebut the evidence against them. 6. To represent themselves, or to be represented by anyone of their choice, including an attorney at law, who is lawfully permitted to do so. F. Appeal to Council. The decision of the board may be appealed to the Council within 15 days of the date of service of the decision of the board. The Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and shall be based only on the hearing transcript, the evidence presented at the hearing, those matters officially noticed, and the written decision of the board. Any action of the board shall be stayed pending the outcome of the appeal. The decision of the Council shall be final.” SECTION 26. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.100 is hereby removed and amended as follows: “25.64.020 – Repealed.” SECTION 27. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.050 is amended to read as follows: “25.64.050 Reasonable Accommodation A. Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B. Application. 1. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing Item 3A-69 for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the ZA. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following: i. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability. ii. The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant. iii. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. iv. Any other information that the ZA reasonably concludes is necessary to make a determination on a reasonable accommodation request, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. C. Review procedure. The ZA is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed. D. Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: Item 3A-70 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. E. Alternative reasonable accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. F. Consideration factors. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. G. Consideration factors—Fundamental alteration to zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program: Item 3A-71 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking. 3. Whether the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan. 4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. H. Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. I. Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on such appeal, pursuant to the provisions of this section. J. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless one of the following applies: 1. A building permit has been issued and construction has commenced. 2. A certificate of occupancy has been issued. 3. The use is established. 4. A time extension has been granted. K. Time extension. The ZA may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the ZA no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. L. Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in Item 3A-72 connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZA may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. N. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title. O. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The ZA may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval.” SECTION 28. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.68.030 is amended to read as follows: “25.68.030 Exceptions to ARC review A. Minor modifications. When in the opinion of the ZA, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, they may grant the permit without submitting the matter to the ARC for its approval, notwithstanding any other provisions of this chapter. B. Staff’s review of a single-family residence. Department staff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones. The staff, on its own initiative, may forward such a request to the ARC for action.” SECTION 29. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.020 is amended to read as follows: “25.72.020 Use Determinations Item 3A-73 A. Purpose. In order to ensure that the zoning regulations will permit all similar uses in each district, the Commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts on the basis of similarity to uses specifically listed. The procedures of this chapter shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. B. Application—Submittal requirements. Application for determination of similar uses shall be made in writing to the Director and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination. C. Investigation and report. The Director shall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of their findings to the Commission. D. Determination. The determination of the Commission shall be rendered in writing and shall be transmitted to the Council within 15 days of the determination. The decision of the Commission shall become final within 30 days unless an appeal is filed or the majority of the Council elects to review the determination. E. Determination by City Council. If required, the Council shall make a determination as prescribed in Section 25.60.080 (Appeals).” SECTION 30. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.050 is amended to read as follows: “25.72.050 Conditional Use Permit A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B. Application requirements. Application for a conditional use permit shall be filed with the Department on a form prescribed by the Director and shall include materials as required. Item 3A-74 C. Investigation and report. The Department shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Commission and made available to the applicant prior to the public hearing. D. Hearings. The Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained. E. Action of the Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission deems necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. F. Findings. The Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. G. Effective date of the use permit. The decision of the Commission shall be final within 15 days from the date of the decision unless an appeal has been filed with the Council. Item 3A-75 H. Lapse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Commission. Prior to the expiration of the permit, the applicant may request a one year time extension by filing with the Commission. I. Modification of conditional use. Modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Director if they determine that the changes would not affect the findings prescribed in Section 25.72.050.F (Findings), and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place. J. Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the Commission upon receiving satisfactory evidence that the permittee, its agent(s), employee(s), or any person connected or associated with the permittee: (1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the City’s building, zoning, and health regulations; (2) has failed to comply with any condition imposed by the conditional use permit; or (3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. The modification, discontinuance, suspension, or revocation shall be made only after a duly noticed hearing before the Commission, which hearing shall be conducted within 40 days of learning of the violation. K. Commission determination. 1. Not more than 30 days or less than 10 days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the grounds upon which the Commission intends to modify, discontinue, suspend, or revoke the conditional use permit. The notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee’s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. 2. Notice of the hearing shall also be mailed not more than 30 days or less than 10 days prior to the hearing to all persons whose names appear on the latest Item 3A-76 adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the City regarding the subject property. 3. After giving notice and conducting the hearing, the Commission may modify, discontinue, suspend, or revoke the conditional use permit. As part of any such action, the Commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon; or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. 4. The decision of the Commission shall become final 30 days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the Council in accordance with Section 25.60.080 (Appeals) of this code. L. New applications. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. M. Use permit to run with the land. A conditional use permit granted pursuant to the provisions of this chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. However, the City shall be notified of any change of ownership within 90 days of its occurrence.” SECTION 31. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.040 is amended to read as follows: “25.78.040 Amendments—Zoning Map A. Procedure. The zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this chapter. B. Initiation. A change in the boundaries of any district may be initiated by the owner, or the authorized agent of the owner of the property, by filing an application for a change in district boundaries. If the property for which a change of district is proposed with more than one owner, all the owners or their authorized agents shall be part of the application. A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council. Item 3A-77 C. Application—Submittal requirements. A property owner desiring to propose a change in the boundaries of the district in which their property is located, or authorized agent, may file with the Department an application for a change in district boundaries on a form prescribed by the Commission and shall include the following information: 1. Name and address of the applicant. 2. Statement that the applicant is the plaintiff in an action of eminent domain to acquire the property or the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed. 3. Address and legal description of the property. 4. An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Director to be necessary to illustrate the relationship to any impact on the surrounding area. 5. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property, taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these properties. D. Action by the Council. 1. The Council shall hold at least one public hearing on an application within 40 days after the receipt of the resolution or report by the Commission, provided that no hearing shall be held on an application which has been denied by the Commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). 2. If the Council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. E. New application following denial. Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. F. Change of zoning map. A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.” SECTION 32. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.060 is amended to read as follows: “25.78.060 Development Agreements Item 3A-78 A. Purpose. The purpose of this chapter is to provide the City with greater control and flexibility in the evaluation of projects by tailoring development standards to the unique features of a particular site and linking them with specific development proposals and performance criteria. B. Eligibility. Persons or organizations entering into development agreement with the City must have a legal or equity interest property. C. Contents. A development agreement, at a minimum, shall specify or contain the following: 1. Duration of agreement. 2. Maximum height and size of building. 3. Permitted uses. 4. A general site plan showing arrangement of uses, circulation, and required dedication. 5. A timetable for the completion of various project phases or other features of the agreement. 6. Other conditions, terms, restrictions, and requirements for subsequent discretionary actions. D. Public hearing and notice. A public hearing on an application for a development agreement shall be held by the Commission and Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Section 25.60.060 (Public Hearing and Public Notice). E. Form and consistency. A development agreement shall be approved by ordinance and shall be consistent with general and specific plans. F. Rules, regulations, and official policies. Unless otherwise provided by the development agreement, rules, regulations and official policies governing uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to the agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City from subsequent actions applicable to the property from applying new rules which do not conflict with those contained within the agreement, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations, and policies. Item 3A-79 G. Periodic review. The Director, or their designee, shall review a development agreement every year, at which time the applicant or their successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the Director finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the Council that the agreement be modified or terminated. If the Council concurs with the Director recommendation, the agreement shall be modified or terminated. Proceedings before the Council shall be a noticed public hearing per Section 25.60.060 (Public Hearing and Public Notice). H. Amendment or cancellation. A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the agreement or their successors. I. Recording of agreement. No later than 10 days after the City enters into a development agreement, the City clerk shall record with the County recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. J. Modification or suspension to comply with state or federal laws or regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. K. Reversion of zoning in the event of noncompliance with terms and conditions. In the event the terms and conditions are not met by the developer, the zoning shall revert to the zoning which existed prior to the development.” SECTION 33. Amendment to Palm Desert Municipal Code. The following definitions for “Condominium” and “Nameplate” within Chapter 25.99.020 are revised as follows: “25.99.020 Land Use Definitions Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in their unit and an interest as granted in common in common areas. Condominium means condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code. Item 3A-80 Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and their occupation or specialty.” SECTION 34. Amendment to Palm Desert Municipal Code. The following municipal code section, Section 25.60.170, is added to the Palm Desert Municipal Code as follows: “25.60.170 Application Withdrawal Application Withdrawal 1. After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director. 2. An applicant is not entitled to a refund of application fees for withdrawn applications; however, the city may refund fees not expended if the application is withdrawn. 3. If an applicant fails to respond to staff comments within 60 days, or an application is otherwise determined by the Director to be inactive for a period of 60 days, then the application will be deemed abandoned and withdrawn.” SECTION 35. 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 36. 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 and technical in nature and clarify definitions/provisions, remove inconsistencies, and update various municipal code provisions. Moreover, the changes 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 37. 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. Item 3A-81 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the ____ day of ___________, 2023 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ KATHLEEN KELLY, Mayor ATTEST: _____________________________ Anthony Mejia, City Clerk City of Palm Desert, California APPROVED AS TO FORM: Item 3A-82 ____________________________ Robert Hargreaves, City Attorney Item 3A-83 Attachment “2” – Redline Version of proposed Municipal Code Amendments 1. Shopping Carts. Palm Desert Municipal Code Chapter 5.91 Abandoned Shopping Carts is amended as follows: 5.91.010 Findings and purpose. The city of Palm Desert finds that abandoned shopping carts in the city create potential hazard to the health and safety of the public, interfere with pedestrian and vehicular traffic, and create a public nuisance. The accumulation of abandoned carts on public and private property tends to create conditions that reduce property values, and promote blight and deterioration that result in a public nuisance. This chapter is intended to ensure that measures are taken by the owners of shopping carts to prevent the removal of the shopping carts from the owner’s premises, to make removal of the cart a violation of this code, and to facilitate the retrieval of abandoned shopping carts in a manner consistent with state law. 5.91.020 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings set forth below: “Abandoned shopping carts” means any shopping cart that is located outside left unattended, discarded, or abandoned upon any public property other than the premises or parking lot of a retail establishment from which owns the shopping cart, except a cart that is in the physical possession of a person who has was removed, without the written consent of the shopping cart’s owner. “Cart owner” means every person who, in connection with the conduct of a retail establishment owns, rightfully possesses, or makes any cart available to patrons and/or the public. This shall include the owner’s agent or authorized representative. “City” means the city of Palm Desert or its designated representatives. “Contractor” means an authorized independent contractor approved by the city council for the purpose of effecting the removal of abandoned shopping carts. “Effective shopping cart nuisance abatement program” means the retail establishment’s ongoing activities to prevent the theft and abandonment of shopping carts from their parking area, combined with the retail establishment’s ongoing activity to retrieve any abandoned shopping cart owned by the retail establishment from public or private property within the city within forty-eight hours. “Identified cart” means a shopping cart that has a permanently affixed sign that identifies, in accordance with California Business and Professions Code Section 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or cart Item 3A-84 owner’s parking area or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. If the cart owner operates more than one store, the sign shall identify the location of the store where the cart is used. “City Manager” shall mean the City Manager of the City of Palm Desert, or designee. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter of all shopping carts of an owner in a one-day period. “Owner” means any person who owns or provides shopping carts for use by customers in connection with the operation of a business. “Premises” means the entire area owned and utilized by a retail establishment that provides shopping carts for use by customers, including any parking area or other off-street area provided by an owner, or shared with other retail establishments, for the use by customers for parking automobiles or other vehicles. “Parking area” means a parking lot or other property provided by a retail establishment for use by a customer for parking an automobile or other vehicle. In a multistore complex or shopping center, “parking area” includes the entire parking area used by or controlled by the complex or center. “Person” means a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or other entity, or legal entity, however formed, as well as any trustee, heir, executor, administrator, receiver, or assign, or any combination of such persons. “Public property” means the outdoor common area of any building, business premises, apartment building or complex, or other premises or portion thereof which is adjacent to public property, open to the public, and which contains a shopping cart or shopping carts visible at street or ground level from the adjacent public property. “Retail establishment” means any trade establishment selling articles, commodities, services, or any line of merchandise where shopping carts are made available for and used by its customers with regard to shopping carts, means any business located in the City which offers or provides shopping carts for the use by customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. “Shopping cart or cart” means a basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind within a retail established or designated parking or loading area of that business establishment. Shopping cart also includes a cart used in a coin-operated laundry or dry-cleaning retail establishment for purposes of transporting clothes and necessary cleaning materials. Item 3A-85 “Unidentified cart” means a shopping cart that is not an identified cart, as defined above. 5.91.030 Declaration of public nuisance Applicability. This chapter applies to all retail establishments located in the City that provide shopping carts for customer use and to all shopping carts on and off the premises of retail establishments within the City. 5.91.040 Administration. A. The City Manager and any enforcement officer have the authority to administer and enforce this chapter. B. The City Manager may adopt supplemental regulations or policies to implement and interpret this chapter. These regulations or policies must conform with the purpose of this chapter. C. To the extent otherwise permitted by law, an enforcement officer may enter onto any public or private property in the City to retrieve, remove, store, and dispose of any lost, stolen, or abandoned shopping cart, or any part thereof. 5.91.050 Prohibition against removal or possession of shopping carts. A. It is unlawful for any person to temporarily or permanently remove a shopping cart from a business premises without the owner’s prior written consent. B. It is unlawful for any person to be in possession of a shopping cart that has been removed from a business premises. C. Removal or possession of a cart for the purpose of repair, maintenance, or disposal is exempt from this section. 5.91.040 Mandatory effective 5.91.060 Required shopping cart nuisance abatement program identification. It is unlawful for any person owning a retail establishment located in the city where shopping carts are available for customer use not to implement and maintain an effective shopping cart nuisance abatement program. Effectiveness is defined by the performance of the retail establishment’s program. The retail establishment may use any reasonable means in any combination to: (1) prevent the removal or theft of their shopping carts from their premises and parking area and subsequent abandonment of their shopping carts within the city limits; and (2) if their prevention program is not one hundred percent effective, to retrieve any and all their abandoned shopping carts from within the city boundaries within forty-eight hours. The effective program must also have the following minimum requirements: Item 3A-86 A. The retail establishment must register that they own shopping carts for the use of their customers on their premises with the city finance department within sixty days of adoption of the ordinance codified in this chapter or at the time of business license application or renewal, whichever is first, and must have an effective shopping cart nuisance abatement program within six months of adoption of the ordinance codified in this chapter or commencing with the issuance of a business license or the renewal of the business license, whichever is first. This registration must include a contact phone number at the retail establishment in Palm Desert for the person or persons, or job title of the person who will be responsible for accepting all shopping carts retrieved by the city and returned to the retail establishment during its normal hours of business. B. The owner shall provide signage on their premises in a conspicuous location notifying shopping cart users that removal of shopping carts from the premises or parking area is prohibited without the written consent of the business owner. Pursuant to Section 22435.1 of the Business and Professions Code, every shopping cart owned or provided by an owner shall have a sign permanently affixed to the shopping cart that includes the following information: A. The owner’s name, business address, and phone number. B. Notice of the procedure to be used for authorized shopping cart removal from the premises. C. Notice that unauthorized removal of the shopping cart from the premises of a retail establishment, or the unauthorized possession of the shopping cart, is a violation of state law and this chapter. 5.91.070 Shopping cart containment and retrieval by owners. A. Every shopping cart owner must lock or otherwise securely contain all owner’s shopping carts after business hours in a manner that prevents theft or removal from the premises. All shopping carts located on the premises of a retail establishment, other than an establishment open for business twenty-four hours per day, must be collected at the end of each business day by the owner, employees, or authorized agents of the retail establishment and be collectively confined in a secured manner in a designated shopping cart confinement area on the premises until the commencement of the next business day. B. All shopping carts located on the premises of any retail establishment open for business twenty-four hours per day, other than carts then currently in use by a customer, must be collected by the owner, employees, or authorized agents of the retail establishment and returned to a designated cart confinement area on the premises at least twice per calendar day between the hours of 12:00 p.m. (noon) and 12:00 a.m. (midnight) on each day the retail establishment is open for business. This section does not apply to: Item 3A-87 1. Shopping carts located within an enclosed building; 2. Shopping carts removed from the premises of a retail establishment for purposes of repair or maintenance that are in the possession or custody of the party to whom removal has been authorized in writing by the shopping cart owner; or 3. Shopping carts being transported by the owner, or an officer, employee, or authorized agent of the owner, to or from the owner’s business premises. C. All abandoned shopping carts that are found off premises must be retrieved as soon as practicable by the owner, or an authorized agent of the owner, including a cart retrieval service retained by the owner. The city shall notify the owner of an abandoned shopping cart when such shopping cart is located in a place that can be accessed safely by the owner. Such notice may be given by telephone, e-mail, or text message to the owner or owner’s agent designated in the abandoned shopping cart prevention and retrieval plan, if an approved plan is in place, and shall include the shopping cart’s location. Within three business days from the date the owner of the cart is provided with notice by the city that an abandoned shopping cart of the owner has been located, the owner or agent shall cause the identified shopping cart(s) to be retrieved. D. Persons retained to perform shopping cart retrieval services must carry written authorization from the owner to be presented upon request by the City Manager. Vehicles used by retrieval services must bear conspicuous signs identifying the name of the shopping cart retrieval service. 5.91.080 Impoundment and retrieval of abandoned shopping carts. A. The City Manager may immediately retrieve and impound any shopping cart, in accordance with the provisions outlined in Business and Professions Code section 22435.7. B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to it in accordance with the provisions of this chapter and Business and Professions Code Section 22435.1 may be impounded by the city provided both of the following conditions are met: 1. The shopping cart is located outside the premises of a retail establishment; and 2. Except as provided in subsection (C) of this section, the shopping cart is not retrieved within three (3) business days from the date the owner of the shopping cart, or the owner’s agent, receives actual notice from the City of the shopping cart’s discovery and location. C. Impoundment Without Three-Day Notice. The city may retrieve and impound any abandoned shopping cart without first giving three (3) business days’ notice provided: Item 3A-88 1. The City Manager provides actual notice to the owner, or the owner’s agent, of the shopping cart’s impoundment within twenty-four (24) hours following the impound; 2. The notice informs the owner, or the owner’s agent, of the location where the shopping cart may be claimed; 3. Any shopping cart reclaimed by the owner, or the owner’s agent, within three (3) business days after the date of actual notice to the owner, or the owner’s agent, of the impound, must be released and surrendered to the owner, or the owner’s agent, at no charge, including the waiver of any impound and storage fees or fines which otherwise would be applicable; and 4. The shopping cart is held at a location that is both: (i) reasonably convenient to the owner of the shopping cart; and (ii) open for business at least six (6) hours of each business day. D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services. The City Manager may immediately retrieve and impound any shopping cart from public or private property if the location of the shopping cart impedes emergency services. E. Any cart reclaimed by the owner or their agent within three (3) business days from the date the owner of the shopping cart, or their agent, is given actual notice by the city of the shopping cart’s discovery and location, or impoundment, shall not be deemed an occurrence for purposes of this chapter. C. F. The owner of a retail establishment shall mark all shopping carts used in its business by its customers as required by California Business and Professions Code Section 22435.1. The owner shall permanently affix a sign to each cart that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the cart owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or cart owner’s parking area or the unauthorized possession of the cart is a violation of state law; lists a valid telephone number, or address for returning the cart to the cart owner. any shopping cart that is not reclaimed within three (3) business days after the date the owner has been given actual notice by the city of the shopping cart’s discovery and location, or impoundment, is subject to prosecution or the imposition of administrative costs, fees, fines, interest and other penalties applicable under state law and this chapter commencing four (4) business days after the date of notice. Each day during which the retail establishment owning more than five shopping carts has not registered with the city and each day all of the carts of a retail establishment are not marked as required by this section shall constitute a separate violation. 5.91.090 Abandoned shopping cart prevention and retrieval plan. Item 3A-89 A. Approved plan required. Every owner who provides or intends to provide shopping carts to customers must develop, implement, and comply with the terms and conditions of an approved abandoned shopping cart prevention and retrieval plan (“plan”) to prevent unauthorized removal of shopping carts from a premises. B. Plan contents. At a minimum, the plan shall include the following requirements: 1. Preliminary information. The name of all owners, the business name, the physical address where the business is conducted, and the name, address, and phone number(s) of the on-site and off-site owner, if different. In addition, the name and contact information of the person, or job title of the person, who will be responsible for accepting all shopping carts retrieved by the City and returned to the retail establishment during its normal business hours. 2. Cart inventory. A complete list of all shopping carts maintained in or on the premises. 3. Cart identification. Signs and shopping cart identification must conform to state law. Owners shall attach an example of the proposed shopping cart ownership identification sign in conformance with Business and Professions Code Section 22435.1 and Section 5.91.030 of this chapter. 4. Customer outreach. A customer description of a community outreach process under which the owner will cause additional notice to be provided to customers in addition to the standard signage and marking of the shopping cart as per subsections B and C that the removal of shopping carts from the premises is prohibited and is a violation of state and local city law. This customer outreach notification notice may include, but is not limited to, flyers distributed at the premises, warnings on shopping bags, signs posted in prominent places near door and parking lot exists, direct mail, announcements using intercom systems at the premises, It may also include marketing to customers their own personal cart for use in lieu of the retail establishment’s shopping cart. The exact means and frequency of this outreach is to be determined by the retail establishment website or other means demonstrated to be effective to the reasonable satisfaction of the City Manager. E. Either an effective containment program for physically preventing the shopping carts from being removed from the retail establishment parking area, or an effective program to retrieve abandoned carts within forty-eight hours, or both. For purposes of this section, “effective containment system” means a system selected by the retail establishment that results in no more than five shopping carts being removed without the owner’s consent from the business premises or parking area within the twelve-month period commencing with the issuance of a business license or the renewal of the business license. Item 3A-90 An “effective retrieval program” shall mean no more than five abandoned shopping carts are collected by the city or its contractor within the city limits and returned to the retail establishment within the twelve-month period commencing with the issuance of a business license or the renewal of the business license. There is a rebuttable presumption that a cart found abandoned somewhere off the premises of the cart’s owner was removed from the premises without the owner’s consent and that if the city or its contractor removes it and returns it to the retail establishment, the cart was abandoned for more than forty- eight hours. If a retail establishment has a valid and operational contract with a contractor recognized by the city to retrieve abandoned shopping carts and return them to the retail establishment on an ongoing and regular basis of at least three times per week, the owner automatically is deemed to have an effective shopping cart nuisance abatement program and exempt from any nuisance abatement and administrative fees per Section 5.91.070. 5. Languages. The information required above must be provided in English and Spanish or in such other language the City Manager may reasonably require. 6. Loss Prevention Measures. A description of specific measures that the owner shall implement to prevent shopping cart removal from the owner’s premises. These measures may include, but are not limited to, electronic or other disabling devices on the shopping carts so that they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return the shopping carts to the store, use of security personnel to prevent removal, security deposit for use of shopping cart, or other demonstrable measures acceptable to the City Manager that are likely to prevent shopping cart removal from the premises. Shopping cart owners must conduct regular maintenance to ensure disabling devices and/or security deposit systems are working properly. If at any time, a cart owner determines the disabling device installed in a cart is not working properly, the cart shall be pulled from circulation until it is repaired. The cart owner shall inspect, test, and repair all abandoned carts returned to the owner prior to making the returned shopping carts available for use. 7. Employee training. A description of an ongoing training program that will be implemented by the owner that is designed to educate new and existing employees on the plan and any conditions contained herein at least annually. 8. Mandatory shopping cart retrieval. A plan for retrieval of abandoned shopping carts by the owner within three (3) business days after knowing of a cart’s removal from the owner’s premises or after receiving notice from the City that the shopping cart has been abandoned. Item 3A-91 D. Review and approval of plans. Each plan will be evaluated and must be approved by the City Manager. The City Manager may deny the plan if the requirements of this chapter have not been satisfied. If the plan is denied, the City must serve the applicant with a written notice of denial. The notice must state the reasons for denial to assist the owner with obtaining plan approval. An owner must submit a revised plan within fifteen (15) days of receiving a notice of denial. The City Manager may impose conditions of approval of a plan if he or she determines it to be reasonably necessary to ensure compliance with the requirements of this chapter. Such conditions may include disabling devices on all shopping carts used by the business in order to prevent removal of shopping carts from the business premises. E. Plan validity. A plan is valid upon approval and will be reviewed at the time that the retail establishment’s business license is up for renewal. A plan approved pursuant to this chapter is valid only as to the owner and approved location, and is therefore nontransferable to other persons or locations. F. Changes to plan. If an owner proposes any change in the operations or information in an approved plan, the owner must notify the City in writing of any such proposed change, and same must be approved by the City Manager before the change takes place. G. Existing owners. Upon adoption of this chapter, owners of existing businesses subject to the plan requirement must submit a plan for approval within 30 days of receiving notice from the City that such a plan is required. H. Mandatory loss prevention measures. If a retail establishment has five (5) or more shopping carts removed without the owner’s written consent within the twelve (12) month period commencing with the issuance or renewal of a business license, the City may require the business to obtain and maintain electronic or other disabling devices on all of owner’s shopping carts at the retail establishment. Effective thirty days from the date of adoption of the ordinance codified in this chapter, as a prerequisite to the renewal of a business license for any business providing shopping carts in the city of Palm Desert, the business must demonstrate that it has had four (4) or fewer shopping carts removed without the owner’s written consent within the previous twelve (12) months or that it has installed electronic or other disabling devices on all shopping carts. 5.91.100 Owner responsibility. It is the owner’s responsibility to ensure that the business complies with the abandoned shopping cart prevention and retrieval plan at all times. In construing and enforcing this chapter and any regulations promulgated under this chapter, the act, omission, or failure of an agent, officer, representative, or other person acting for or employed by an owner, within the scope of his or her employment or office, shall in every case be deemed the act, omission, or failure of the owner. Item 3A-92 5.91.050 Removal 5.91.110 Disposal of shopping carts from retail establishments prohibited. The City may immediately sell or otherwise dispose of any shopping cart that meets one of the following conditions: A. That is not reclaimed from the city within 30 days of notification to the owner, or the owner’s agent, of the cart’s discovery and location, or impoundment. B. The owner of the cart cannot be determined for any reason, including if the cart fails to have the identification required by state law or this chapter. C. If the cart’s condition renders it unusable. It is unlawful for any person other than a cart owner or its authorized representative to remove a cart from the premises of the owner’s retail establishment, unless the cart owner expressly authorizes its removal in writing. 5.91.060 Retrieval of abandoned carts from within the city. The city, or its contractor, may retrieve any abandoned shopping cart and return the cart to its owner if it has been abandoned outside the parking area of the retail establishment and not retrieved by the owner or their contractor after forty-eight hours. The owner of the shopping cart must make a store employee available to be present during normal store hours to receive the returned carts and document that they were returned. The city shall recover its cost for this activity through a nuisance abatement and administrative fee. 5.91.070 Nuisance abatement and administrative fees. A. Nuisance Abatement Fee. Retail establishments that have ineffective abatement programs are subject to an annual nuisance abatement fee at the time of renewal of their business license equal to the cumulative cost to the city for retrieval and return of the retail establishment’s abandoned shopping carts over a twelve-month period commencing with the issuance of a business license or the renewal of the business license. B. Administrative Fee. An administrative fee to cover the city’s administrative cost for the activities performed in Section 5.91.060 by the city may also be imposed upon the owners of abandoned carts at the time of business license renewal. Such fee shall not exceed the city’s reasonable estimate of actual cost for such services. 5.91.080 Penalty for violation 5.91.120 Exemption. Violation of any provision of this section is a violation of this article and the city may pursue any available remedy provided under this code for a code violation, Item 3A-93 including the issuance of an administrative citation under Section 1.12.010 of the Palm Desert code. Notwithstanding any other enforcement action allowed under this code, the city council may prescribe the civil fine for any person owning a retail establishment who is given a civil citation for not having established an effective shopping cart nuisance abatement program pursuant to Section 5.91.040. Any owner may contract with the City for the retrieval of abandoned shopping carts by entering into a written contract to pay the City’s fees for such service. Any owner that has a contract with the City to provide for retrieval of abandoned carts, shall be exempt from the Loss Prevention Measures requirement in Section 5.91.090(B)(6) of this chapter. This exemption is valid only if the other provisions of this chapter are complied with by owner. 5.91.130 Enforcement and penalties. A. General. When an enforcement officer has determined that a violation of this chapter exists, the enforcement officer may use the procedures set forth in this chapter for the abatement of such public nuisance that is being committed on public property or may utilize any other procedure authorized by law. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available remedy under city, state, or federal law. B. Violation for failure to retrieve shopping cart. 1. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to retrieve the owner’s shopping cart(s) within three (3) business days from the date of being given notice of the cart’s or carts’ discovery and location, or impoundment, by the City, is guilty of a violation of this chapter and may be punished by administrative fine of fifty dollars ($50) for each occurrence in excess of three (3) during a six month period. 2. In addition to the fines imposed above the owner shall pay the City’s actual costs for retrieving and storing the owner’s shopping cart(s) within three (3) business days from being given notice of the shopping cart’s or carts’ discovery and location, or impoundment, by the City, in which case, all fines, costs and fees shall be waived. C. Other violations. Notwithstanding the fines and costs authorized by Business and Professions Code section 22435.7(f), when an enforcement officer determines where is a violation of the provisions of this chapter, he or she is authorized to issue a notice of violation or an administrative citation to the responsible party pursuant to Chapter 8.81 (Administrative Citations) of this code. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on the same day to any responsible party. Unless otherwise provided herein, any person who fails to comply with a notice of violation shall be subject to a fifty dollar ($50) administrative fine. Unless otherwise provided herein, any person who fails Item 3A-94 to comply with: (1) a first administrative citation or second violation of the same code section within thirty six (36) months shall be subject to a one hundred dollar ($100) administrative fine; (2) a second administrative citation, third or additional violations of the same code section within thirty six (36) months shall be subject to a two hundred fifty dollar ($250) fine; (3) a third administrative citation shall be subject to a two hundred fifty dollar ($250) administrative fine per violation per day. D. When an enforcement officer determines there is a violation of the provisions of this chapter, he or she may issue an infraction citation pursuant to the provisions set forth in Chapter 1.08 (Citations for Code Violations) including, but not limited to, the imposition of any and all criminal penalties set forth therein if there is any violation of this chapter committed, caused or maintained by any responsible party. E. The City Attorney is authorized to bring a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this chapter.” 2. Commercial Cannabis. Palm Desert Municipal Code Chapter 5.101 Commercial Cannabis Business Regulatory Permits, Section 5.101.110 Regulatory permit suspension and revocation is amended as follows: 5.101.110 Regulatory permit suspension and revocation. The city manager may suspend, modify, or revoke a regulatory permit issued pursuant to the provisions of this chapter for any of the following reasons: A. One or more of the circumstances upon which a regulatory permit could be denied exists or has occurred; B. One or more conditions of the regulatory permit has been violated; or C. The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the business have violated any provision of this chapter code or state law. 3. Diagonal Parking. Palm Desert Municipal Code Chapter 10.48 Stopping, Standing and Parking, Section 10.48.200 Diagonal parking is amended as follows: 10.48.200 Diagonal parking. A. On any of the streets or portions of streets established by resolution of the council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it is unlawful for the operator of any vehicle to park the vehicle except: Item 3A-95 1. At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of the allotted space; 2. With the front wheel nearest the curb within six inches of the curb. B. It is unlawful to park any oversize vehicle within diagonally marked spaces at any time when the length of the vehicle creates an obstruction to the normal flow of traffic, or which causes a reduction in the width of the normally traveled portion of the roadway. For purposes of this section only, an oversize vehicle shall be defined as any vehicle that exceeds the dimensions of a marked parking space due to its length and/or width. C. The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 10.48.190 shall be complied with. Item 3A-96 1 Attachment “3” – Redline version of Zoning Ordinance Amendments SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.010 is hereby amended as follows: 25.02.010 Title and Purpose A. Title. This title shall be known as the Zoning Ordinance of the City. B. Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan. C. Role of Zoning Ordinance. Chapter 12 “Work Plan” of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives the orderly development of the City, and the elimination of haphazard land development, is required. Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development. D. Purpose of Zoning Ordinance. The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the City is related to the City’s ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the guiding principalsprinciples identified in the General Plan and include the following objectives: 1. Relate proposals for development to the provisions and recommendations of the City’s General Plan and ensure development is consistent with the guiding principalsprinciples of the General Plan. To meet the guiding principalsprinciples development proposals will be reviewed for their focus on: human-scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces. 2. Foster a harmonious, convenient, workable and connected relationship among land uses. 3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole. 4. Provide population densities that support and encourage pedestrian activities such as walking and bicycling; that are connected to, and in proximity of, civic and education uses, open spaces, and commercial and employment opportunities. Item 3A-97 2 5. Foster an environment that ensures pedestrian amenities connect the community, are designed to accommodate pedestrians and bicyclist, and that are conveniently located for the highest impact. 6. Forecast and plan for the City’s ability to provide community facilities, utilities, and services. 7. Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures. 8. Provide provisions for adequate bicycle parking, off-street parking, shared parking facilities, and off-street truck loading facilities. 9. Promote preservation of natural environmental features in the development and use of land within the City. 10. Develop land use regulations that will encourage infill development and redevelopment of existing sections of the City and provide for innovative development in undeveloped areas. (Ord. 1324 § 2, 2017; Ord. 1259 § 1, 2013) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.050 is hereby amended as follows: 25.02.050 Rules and Interpretation The Director of Community Development shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below. A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1. City of Palm Desert = City 2. Director of Community Development = Director 3. Zoning Administrator = ZA 4. Architectural Review Commission = ARC 5. Planning Commission = Commission 6. City Council = Council 7. Community DevelopmentDevelopment Services Department = Department Item 3A-98 3 B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive. 2. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including, but not limited to.” 4. Number of Days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business. C. Minimum Requirements. All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. D. Calculations—Rounding. Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down). E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rules established under Section 25.04.030 (Zoning Map) apply. G. Consistency of Text and Diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code’s text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the City’s regulations. Item 3A-99 4 H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of this title and any other provision of law, the more restrictive of any such provisions shall apply. (Ord. 1324 § 2, 2017; Ord. 1259 § 1, 2013) SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.020 is hereby amended as follows: 25.10.020 Characteristics of the Residential Districts The following descriptions of each residential district identify the characteristic uses, density, intensity of uses and the types of development intended for that district. A. Estate Residential District (RE). The district is intended to provide low intensity and neighborhood development (0.5—1.0 du/ac) and generally is characterized by limited development on large properties and preservation of natural features and open space. B. Single-Family/Mobile Home Residential District (R-1M). This district provides for the permanent placement and occupancy of single family dwelling units, factory built or manufactured dwelling units and mobile homes for residential purposes on purchased, rented or leased lots. The district is characterized as having moderated density (4.0—7.0 du/ac) focused around community space and amenities with walkable streetscapes. C. Single-Family Residential District (R-1). The intent of this district is to encourage the preservation and development of traditional residential neighborhoods. The district provides for low intensity development (2.0—8.0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. D. Mixed Residential District (R-2). The intent of this district is to provide moderate intensity and density (3.0—10.0 du/ac) for neighborhood development. Neighborhoods are characterized by a variety of housing choices and mixed-uses. Buildings are organized around formal and walkable streetscapes with high levels of pedestrian connectivity. E. Multifamily Residential District (R-3). The intent of this district is to provide suitable areas for moderate to higher intensity and density (7.0—40.0 du/ac) for residential development and small scale commercial activity. The zoning district is characterized by higher density residential development and mixed-uses in proximity to retail and commercial services. Buildings are organized around formal streetscapes with a variety of plazas and other pedestrian amenitesamenities and open spaces that are highly connected to surrounding development. Item 3A-100 5 F. Hillside Planned Residential District (HPR). The purpose of the hillside planned residential district is to provide for the lowest intensity (0.2 du/ac) of residential development by minimizing the grading of hillside areas and to preserve the natural contours of the land by avoiding extensive cut and fill of slopes that result in a padding or staircase effect within the development. This district is characterized by the preservation of natural features and protected viewsheds, architecture and landscape design that blends with the natural terrain, and informal and natural streetscapes that follow the topography of the land. G. Planned Residential District (PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0—40.0 du/ac), mixed housing types, and community facilities. The district is charactersizedcharacterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. (Ord. 1324 § 4, 2017; Ord. 1259 § 1, 2013) SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.030 is hereby amended as follows: 25.10.030 Allowed Land Uses and Permit Requirements Table 25.10-1 “Use Matrix for Residential Districts” below identifies land uses and corresponding permit requirements for residential districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 “Definitions”. The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Use regulations in the table are shown with a representative symbol by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “L” symbolizes uses that require approval of a large family day care use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.10-1: Use Matrix for Residential Districts Residential Zoning District (P=Permitted; A=Administrative Use Permit\; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) Item 3A-101 6 RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Residential Uses Assisted living N C C C N N C Accessory dwelling unit P P P P P N P 25.34.030 Condominium N N C C N N C Dwelling, duplex N N P P N N N Dwelling, multifamily N N P P N N C 25.10.040.A Dwelling, second P P P P N P P 25.34.030 Dwelling, single-family P P P N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.B Guest dwelling P P P N N P P Home-based business P P P P P P P 25.34.020 Junior accessory dwelling unit P P P P P N P 25.34.030 Manufactured home parks N N N N C N N Planned unit development, residential N N C C N C C 25.10.040.C Transitional and supportive housing see Note 1 Agriculture-Related Uses Apiary P P P N N P P 25.34.170 Botanical conservatory A N N N N N N Crops and horticulture, limited A N N N N N N Domestic animals P P P P P P P Garden, private P P P P P P P Greenhouse, commercial C N N N N N N Greenhouse, private P P P A A P P Horticulture, private P P P P P P P Kennel C N N N N N C 25.10.040.D Livestock raising, noncommercial C N N N N N N Nursery C N N N N N N Orchard A N N N N N N Stable, boarding A N N N N N N 25.10.040.E Stable, private A N N N N N N 25.10.040.E Recreation, Resource Preservation, Open Space, and Public Assembly Uses Cemetery N N N N N N C Community facility N N N N N N C Club, private N N C C N N C Crematory N N N N N N N Day care, large family PL PL PL PL PL PL PL 25.10.040.F Day care, small family P P P P P P P Institution, educational2 C C C C C N C Institution, general2 N N N C N N C Institution, religious C C C C N N C Public park P P P P P P P Recreational use, commercial N N N N N N C 25.10.040.G Recreational vehicle park N N N N C N C Recreation facility, commercial N N N N N N N Recreation facility, incidental C C C C C N C 25.10.040.H Recreation facility, private P N N P P N P Recreation facility, public C C C C C N C Item 3A-102 7 Residential Zoning District (P=Permitted; A=Administrative Use Permit\; L=Large Family Day Care Use Permit; C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R- 1M HPR PR Special Use Provisions Utility, Transportation, Public Facility, and Communication Uses Electric substation N N N N N N N Fire station C C C C N N C Public service facility C C C C C N N Public utility C C C C C N N Utility facility N N N N N N C Retail, Service, and Office Uses Bed and breakfast C N N C N N N Commercial parking lot N C N C N N N 25.10.040.I Condominium hotel, converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.L Professional office N N C C N N N 25.10.040.M Resort hotel N N N C N N C 25.10.040.J Timeshares N N N N N N C Temporary Uses See Section 25.34.080 Notes: 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted. (Ord. 1358 § 2, 2020; Ord. 1324 § 4, 2017; Ord. 1304 § 1, 2016; Ord. 1279 § 1, 2015; Ord. 1259 § 1, 2013) SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.040 is hereby amended as follows: 25.10.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. Item 3A-103 8 B. Group Home. When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to 6 or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least one hundred feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. c. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within one hundred feet of an adjacent property not zoned RE (i.e., R1, O.P., PR). 4. Definitions for “organic material,” and “diverted” from Chapter 8.16 shall apply to this subsection. Animal manure shall be stored in appropriate receptacles and composted or otherwise properly diverted as an organic material, according to Chapter 8.19, not less than once per week. 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. Item 3A-104 9 F. Large Family Day Care. Large family day care facilities require the issuance of a large family day care use permit in accordance with Section 25.64.020, and are permitted subject to the following requirements: 1. Space and Concentration. Properties proposed for use as large family day care homes shall be located no closer than 300 feet in all directions from another large family day care home. An adjustment may be granted according to Chapter 25.78 (Variances and Adjustments) of this chapter to reduce this distance to no more than 100 feet. 2. Traffic Control. A traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the General Plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pick-up time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3. Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements. 4. Noise Control. Operation of the facility shall comply with all provisions of Chapter 9.24 (Noise Control) of the Palm Desert Municipal Code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5. Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. 6. Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. 7. Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the city at all times. 8. State Licensing. Allowed within a single-family or multi-family residence located in a residential zoning district with no city land use permits or clearances required per State law. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the city. 9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the state Fire Marshal, from time to time, adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire Item 3A-105 10 and life safety of children in large family day care homes. (See Title 22 of the California Code of Regulations.) 10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a large family day care home. G. Recreational Use, Commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, Incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district, the maximum density shall be approved by the Commission or Council. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided property to be developed is abutting or across the street, or across an alley from commercially zoned property. Residential development standards are to be used to ensure compatibility. (Ord. 1374 § 1, 2022; Ord. 1324 § 4, 2017; Ord. 1279 § 2, 2015; Ord. 1259 § 1, 2013) SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.050 is hereby amended as follows: 25.10.050 Development Standards Item 3A-106 11 The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the city’s minimum requirements and expectations for high-quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 5 acres. All lots will be entitled to at least one unit. 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: a. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. c. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection (A)(2). f. Renaturalization. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 3. Exception. The standards of subsections (A)(1) through (A)(3) of this section shall be required unless modified by one of the following: Item 3A-107 12 a. Precise Plan. The commission and council may approve a precise plan of design through public hearing process that modifies the standards in subsection (A)(1) through (A)(3). Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the commission or council may determine to be in conformity with the purposes set forth in this section. b. Previously Approved Existing Building Pads. If a property owner can demonstrate that a previous building pad was approved by the city or county before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot, which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. 4. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent, which may be increased up to 50 percent with ARC approval. Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 5. Development on or across ridges is prohibited. 6. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the city to the maximum extent feasible. 7. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: a. Dedication of common open space to the city, which is subject to formal acceptance. b. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. c. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 8. Design Criteria. The following design criteria are established: Item 3A-108 13 a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. c. The layout of structures and other facilities shall affect a conservation in street and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. B. Planned Residential District Standards. 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone (if needed) to a PR district along with a precise plan, tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with 7 units per gross acre. 4. Maximum Density for “Affordable Projects.” For projects containing at least 20 percent units affordable to low-income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be Item 3A-109 14 allowed by precise plan. To be eligible for this program, the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 5. Development Standards Applicable. All areas within the project site shall be subject to the following: a. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. b. Off street parking and loading requirements. All parking and loading shall comply with the provisions of Chapter 25.46. c. Utilities. For provisions regarding utilities, see Section 25.40.120. d. Signs. All signs shall be in compliance with Chapter 25.56. e. Outside Storage. No outside storage shall exceed the height of actual perimeter screening. f. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. g. Discarded Material Handling. Discarded material holds the same definition and regulations as provided in Chapter 8.16. Enclosures for handling discarded materials shall be provided for all developments within the PR district with the exception of single-family detached dwelling units. An enclosure for discarded materials will be provided and follow the regulations as established in Chapter 8.12. The freestanding discarded materials enclosure shall be constructed of masonry block. No discarded materials shall be allowed to extend above or beyond the enclosure. h. Site Plan Review. Review of a site plan by planning department staff shall be required before a building permit is issued for any development in the PR district. 6. Special Standards. In addition to requiring all development plans to comply with the following special standards the council and/or commission may impose such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. a. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+ dwelling units per acre shall have a minimum area greater than 10 acres. Item 3A-110 15 b. Minimum Project Width. Projects of less than 7 dwelling units per acre shall have a minimum width of two hundred feet. Projects of 7 to 18 dwelling units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. c. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all property lines adjacent to existing or proposed public streets. d. Minimum Project Building Coverage. Projects of less than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+ dwelling units per acre shall have a maximum building coverage of 80 percent. e. Minimum Lot Area. For single-family detached, the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling, the minimum lot area shall be 3,000 square feet. For multiple-family buildings, the minimum lot area shall be as approved on the tract map. f. Minimum Yards—Development Standards. For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side, and rear yards shall be as approved on the tract map. 7. Minimum Separation Between Sides of Buildings. For single-story, single- family detached buildings there shall be a minimum of 7 feet between sides. For two-story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 8. Minimum Common Open Space. a. Projects of less than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. b. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. c. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. d. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or dedicated to the city for public parks. Item 3A-111 16 e. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. 9. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 10. Maximum Dwelling Units per Building. The maximum number of dwelling units per building shall be as approved by the Planning Commission. 11. Required Width of Private Roads. With no parking, the private roads shall be 20 feet wide. With parking on one side, 32 feet wide. With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off street parking facilities. 12. RV Park Standards. The following standards apply to recreational vehicle parks: a. Minimum project size of 5 acres; b. Maximum density of 12 spaces per acre; c. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet; d. Minimum 40 percent common open space/recreation area; e. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles; f. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping; g. Projects may be single-use or developed as part of a larger resort or residential development; h. RV parks shall be taxed as a transient occupancy use; i. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by commission. 13. Building Setbacks from the Planned street Line. The minimum setback in all residential developments within the PR district shall be the designated distances Item 3A-112 17 from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section: Table 25.10-2: Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 14. Two-story, single-family detached building setbacks from project perimeter: a. The minimum setback shall be one hundred feet or one lot depth, whichever is more. b. The commission may waive interior setback requirements when adjacent developments are planned simultaneously. 15. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. 16. Approval Criteria. The commission and/or council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the commission/council may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan. All development within the PR district shall comply with the development plan as approved and adopted by the commission/council. Table 25.10-3: Residential Zoning District Development Standards Measurement/Zonin g District RE3 R-13 R-2 R-3 R- 1M1 HPR4 P.R. 5 ≥1 ac ≥15,00 0 sf ≥10,00 0 sf, but ≤15,00 0 sf <10,00 0 sf Residential Density Density (du/ac), min – max 1 - 2 2 - 3 3 - 4 5 - 8 3 - 10 7 - 40 7 1/5 ac 4 - 40 Lot Dimensions Lot size, min 40,00 0 sf 15,000 sf 10,000 sf 8,000 sf 3,500 sf 3,00 0 sf 20 ac / 5,00 – – Item 3A-113 18 0 sf Lot size, max 1 ac No max 14,999 sf 9,999 sf No max No max No max – – Lot width, min 150′ 90′ 90′ 70′ 50′ 40′ 500′ – – Lot depth, min 200′ 125′ 100′ – - - – – – Setbacks Front yard, min 30′ 25′ 20′ 20′ 12′ 10′ 20′ / 5′ – – Side yard, min 15′ 15′ 8′ 5′ 6 5′ 8′ 10′ / 5′ – – Combined both sides, min 30′ 30′ 20′ 10′ 6 10′ 10′ – – – Street side yard, min 30′ 15′ 10′ 10′ 10′ 10′ 20′ / – – – Rear yard, min 50′ 20′ 20′ 15′ 15′ 10′ 10′ / 5′ – – Residential accessory structures See Section 25.40.050 (Accessory Buildings and Structures) Coverage Lot coverage, max percentage of lot area 30% 35%2 35%2 35%2 60% 75% – 10% 50% Building Measurements Height, max 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC)7 15′ (18′ ARC) 15′ (30′ ARC) 8 40′ 18′ _ 40′ Number of stories, max 1 1 1 12 2 3 1 1 3 Dwelling unit size, min 1,500 sf 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf – – – Dwelling unit size, max – – – – 4,000 sf 4,00 0 sf – 4,000 sf – Site area per dwelling unit, min – – – – 4,000 sf 2,50 0 sf – – – Building pad area, max – – – – – – – 10,00 0 sf – Open Space Group usable open space per dwelling unit, min – – – – – 300 sf – – – Notes 1. The dimension requirements included in this column apply to manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a property. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square Item 3A-114 19 feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the City of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). 8. Allowable building height is 30 feet with approval by the Architectural Review Commission for buildings exceeding 15 feet. Public notification to immediately adjacent properties 10 days prior to the ARC meeting. Figure 25.10-1 Palm Desert Country Club Setbacks Item 3A-115 20 (Ord. 1383 § 1, 2022; Ord. 1374 § 1, 2022; Ord. 1334 § 12, 2018; Ord. 1324 § 4, 2017; Ord. 1292 § 1, 2015; Ord. 1279 §§ 4, 5, 2015; Ord. 1259 § 1, 2013) SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.030 is hereby amended as follows: 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a Item 3A-116 21 conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.B Dwelling, duplex C C C C C C 25.16.040.B Dwelling, multifamily C C C C C C 25.16.040.B Dwelling, single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.B Single-room occupancies N N N N N C Homeless shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.C Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Accessory massage establishment P N P P P N 25.34.160 Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis retail N C C C C N 25.34.120 Cannabis testing and research laboratory C N N N N C 25.34.120 Item 3A-117 22 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P A Hotel N A A A P N 25.34.070 Independent stand-alone massage N N P P N N 25.34.160 Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A A A A P A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (outdoor/indoor) N N N N N C (outdoor) A (indoor) Automotive sales of accessory parts and supplies N N N P P N Vehicle storage facility N N N N N P 25.16.040.I Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N C 25.34.120 Cannabis delivery N N N N N C 25.34.120 Cannabis distribution N N N N N C 25.34.120 Cannabis manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Item 3A-118 23 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. (Ord. 1384 § 1, 2022; Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1302 § 2, 2016; Ord. 1279 § 6, 2015; Ord. 1277 § 4, 2014; Ord. 1259 § 1, 2013) SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.050 is hereby amended as follows: 25.16.050 Development Standards The development standards included in Table 25.16-52 (Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City’s minimum requirements and expectations for high-quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16-52 (Commercial and Industrial District Development Standards) the following special setback provisions apply: 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-52 (Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be measured from the property line and shall be based on the street type designated by the General Plan. 2. Building setbacks from planned street lines. Table 25.16-2: Setbacks from Planned Street Lines Item 3A-119 24 Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Secondary 32 feet Collector 25 feet Local 25 feet 3. Where commercial districts abut a residential district, a fence or wall 6 feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions. Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030 C. Special standards within the Service Industrial (SI) Ddistrict.. Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. The measurements of sound shall be measured at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter, manufactured according to standards prescribed by the American Standards Association. Maximum permissible sound pressure levels shall comply with the limits at Table 25.16-32 and the following standards: Table 25.16-3: Maximum Permitted Decibels Octave Band in Cycles-Second (decibels) Adjacent Residential District Boundaries (decibels) Lot Line of Use in the SI Zone (decibels) 0–75 72 79 76–150 59 74 151–300 52 66 301–600 46 59 601–1200 42 53 1201–2400 39 47 2401–4800 34 41 Above 4800 32 39 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. Item 3A-120 25 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of 0.003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below 0.003 of 1 inch as measured at the lot lines. 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity, when measured at each lot line, be in excess of 2.7 x 10-11 micro curies per milliliter of air at any moment of time. 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. DC. Special standards within the Office Professional (OP) district. 1. When adjacent to single-story residential, the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4: Additional Setback in OP District Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet Item 3A-121 26 22 feet 45.72 feet 23 feet 52.15 feet 24 feet 58.58 feet 25 feet 65 feet 2. Second-story windows: Second-story windows are allowed to face adjacent single-story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. Table 25.16-54: Commercial and Industrial District Development Standards Commercial/Industrial District OP PC-11 PC-21 PC-31 PC-41 SI Lot Dimensions Lot size, min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf Lot size, max None 10 ac 20 ac None None None Lot width, min 70′ None None None No min 100′ Lot depth, min 140′ None None None No min 100′ Setbacks2 Front yard, min 12′ min, 15′ avg – – – 30′ 20′ Side yard, min (interior/exterior) 0′/20′ 3,4,7 0′/20′ 3,4 0′/20′ 3,4 – 15′ 0′/10′ 5 Street side yard, min 12′ min, 15′ avg – – – – 10′ Rear yard, min 0′/20′ 3,4 0′/20′ 3,4 0′/20′ 3,4 – 20′ 0′/25′ 5 Coverage Floor area ratio 0.75 0.5 1.0 1.0 0.10 0.75 Residential density range (mixed-use) 10.0 10.0 – 15.0 10.0 – 15.0 10.0 – 15.0 10.0 - Building Measurements Height, max (single-use) 40′, 3 stories 35′, 2 stories 35′, 2 stories 35′, 2 stories 55′, 4 stories 40′, 3 stories Height, max (mixed-use) 40 40 40 40 55 - No. of stories (mixed-use) 3 3 3 3 4 - Building size, max8 – 10,000 sf 30,000 sf – – – Landscaping Required landscaping, min percentage of lot area 15% 15% 15% 20% 20%9 – Depth of landscaping in street setback area, min 10′ 10′ 20′ 30′ 10′ – Item 3A-122 27 Notes: 1. Development standards may be modified through the precise plan process as specified in Section 25.72.030. 2. See Section 25.16.050.A (Special setback requirements). 3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property, the setback is 0. 4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential structure is equal to the building’s height. 5. When an SI zone is adjacent to or across the street from residentially zoned property, the minimum side setback is 10 feet and the minimum rear setback is 25 feet. 6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the same time. 7. When adjacent to single-story residential, see Section 25.16.050.DE (Additional setback in Special standards within the Office Professional (OP) district). 8. This standard refers to the maximum area for any single commercial enterprise. 9. For hotels, a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system. (Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1306 § 2, 2016; Ord. 1259 § 1, 2013) SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is hereby amended as follows: 25.18.040 Land Use and Permit Requirements Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Item 3A-123 28 Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted Land Use Zone Special Use Provisions D D- O DE DE- O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C 1 C 1 C C 25.16.040.B Dwelling, duplex C 1 C 1 C P 25.16.040.B Dwelling, multifamily C 1 C 1 C P 25.16.040.B Dwelling, single-family C 1 C 1 C N 25.16.040.B Group home C 1 C 1 C N 25.16.040.B Junior accessory dwelling unit P P P P 25.34.030 Home-based business P4N P4N P4N P4 25.34.020 Agriculture-Related Uses Garden, private C 1 C 1 N P Greenhouse, private N N C P Horticulture, private N N C P Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C Day care center C 1 C 1 N N Day care, large family N N N AP 25.10.040.F Day care, small family N N N P Institution, educational N N C C Institution, general N N C C Institution, religious N N C C Mechanical or electronic games, ≤ 4 P 1 P 1 P N Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N Recreational facility, incidental N N N C 25.10.040.H Recreation facility, private N N N P Recreation facility, public N N N C Retail, Service, and Office Uses Accessory massage establishments P P P N 25.34.160 Item 3A-124 29 Land Use Zone Special Use Provisions D D- O DE DE- O Ancillary commercial N N A N 25.16.040.E Art gallery P P P A Art studio P 1 P 1 A A Book and card shops P P N N Bed and breakfast N N C C Cannabis retail C N C N 25.34.120 Cannabis testing and research laboratory C N N N 25.34.120 Clothing and apparel shops P P P N Convention and visitors bureau P 1 P 1 C N Drugstore P 1 P 1 N N Financial institution P 1 P 1 C N Furniture stores and home furnishings P P P N Gift and accessories boutiques (inlcudingincluding small antiques) P P P N Grocery store < 35,000 SF C 1 C 1 N N Health club, gyms or studios C 1 , 2 C 1 , 2 C 2 N Hotel C C C C Independent stand-alone massage establishments P 1 P 1 C N 25.34.160 Jewelry shops P P P N Liquor store P 1 P 1 N N Liquor, beverage and food items shop P 1 P 1 N N Luggage shops P P P N Medical, clinic P 1 P 1 P N Medical, office P 1 P 1 P N Medical, hospital P 1 P 1 C C Medical, laboratory N N P N Mortuary C 1 C 1 N N Office, professional P 31 P 31 P C 25.28.040.C25.10.040.M Office, local government P 1 P 1 P N Office, neighborhood government N N N C Office, travel agency P 31 P 31 P N 25.10.040.K Outdoor sales A 1 A 1 A N Personal services P P P N Restaurant C 2 C 2 C 1 N 25.16.040.H Retail P P P N Retail, bulky items P 1 P 1 C N Spa P P P C Sundries shops (general merchandise) P P P N Time-share project C 1 C 1 N N Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C Item 3A-125 30 Land Use Zone Special Use Provisions D D- O DE DE- O Commercial communication tower C C C Commercial parking lot P P C C 25.10.040.I Office parking lot N N N C 25.10.040.L Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency P P C N Automotive service station C C N N Temporary Uses See Section 25.34.080 1 Office professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District. Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District. 4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed-use developments. (Ord. 1358 § 2, 2020; Ord. 1350A § 2, 2019; Ord. 1329 § 4, 2017; Ord. 1313, 2016) SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28.060 is hereby amended as follows: 25.28.060 Planned Community Overlay District A. Purpose and applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Specific Plan Development Plan as outlined in Section 25.782.0840 is required for approval of a development in the Planned Community Overlay district. B. Requirements. 1. Site area. A minimum of 100 acres shall be required for a planned community development. Item 3A-126 31 2. Master plan required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership. All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application. An application for an overlay zone shall be submitted by the owner, his or heran authorized agent, or the purchaser of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director. D. Procedure. 1. Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E. Termination of overlay zone. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not commenced within two years from date of adoption of the resolution establishing the zone. 2. An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the Item 3A-127 32 applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 3. Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards. (Ord. 1324 § 7, 2017; Ord. 1303 § 4, 2016; Ord. 1259 § 1, 2013) SECTION 11. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28.120 is hereby amended as follows: 25.28.120 Bermuda Dunes Airport Area A. Purpose. The purpose of the Bermuda Dunes Airport Area (BDA) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, identified in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.289-1. B. Permitted uses. All uses permitted in the underlying district are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document. Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan Item 3A-128 33 (Ord. 1324 § 7, 2017; Ord. 1259 § 1, 2013) SECTION 12. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.34.020 is hereby amended as follows: 25.34.020 Home Occupations A. Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Applicability. Home occupations are permitted in all residential zoning districts, subject to compliance with the standards of this section and other relevant requirements of this title. C. Permit requirements and procedures. Establishment and operation of a home- based business shall require approval of a home-based business permit processed by the Director in accordance with this section. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this chapter. Additional information necessary to make the findings required for approval may be required by the City. Permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. Item 3A-129 34 D. Participants. The permittee shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Only residents of the subject residential dwelling may operate, engage in, or conduct the home-based business, except that not more than one outside person who is not a resident of the subject dwelling may also participate in the operation or conduct of the subject home-based business. For purposes of determining participation, general domestic help will not be considered an employee. E. Permitted uses. The intent is to permit a wide range of home-based businesses which do not negatively impact the residential area. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home-based businesses may be conducted at the site: 1. Professional Office Occupation. Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. Instructional Services Occupation. Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including but not limited to academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. Maximum number of students at any one time shall be limited to six. 3. Home Craft Occupations. Home craft occupation is an occupation that results in a tangible product, including but not limited to dress making, furniture making, toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. 4. Cottage Food Operations. A cottage food operation, as defined in California Health and Safety Code Section 113758, shall be a permitted home- based business provided it complies with all applicable provisions of this subsection and under the California Health and Safety Code, as it may be amended. Item 3A-130 35 i. The permit applicant shall be the individual who conducts the cottage food operation from his or hertheir private residential dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site. ii. The cottage food operation shall be registered or permitted as a “Class A” or “Class B” operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii. Any applicant for a permit under this chapter shall provide to the City, as part of the home-based business application: (1) a copy of the operation’s registration or permit to operate as a “Class A” or “Class B” operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self-certification checklist submitted to and approved by the County. iv. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this chapter, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. v. A permit issued under this subsection may be revoked for any violation of this chapter or of Section 114365 et seq. of the California Health and Safety Code. vi. The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter and/or California Health and Safety Code Section 114365 et seq. vii. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 5. Residential Estate (RE) Exceptions. i. Home-based businesses or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet. ii. It is unlawful to park or store any commercial vehicle on the property with the exception of one pickup truck or van of 10,000 pounds 1.5 tons or less. iii. One employee may park his/hertheir vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. Item 3A-131 36 F. Prohibited uses. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home-based businesses and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home-based businesses: 1. Auto repair and auto body repair. 2. Barber and beauty shops. 3. Bicycle repair. 4. Carpentry work. 5. On-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site. 6. Laundering service. 7. Medical and dental offices. 8. Painting of vehicles, trailers, or boats. 9. Photo studios. 10. Private schools with organized classes. 11. Upholstering. 12. Storage of equipment, materials, and other accessories to the construction and service trades. 13. Welding and machining. G. Performance standards. The following performance standards apply to all home occupations. 1. The establishment and conduct of a home-based business shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. A home-based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25 percent of the combined floor area of the house and garage. Item 3A-132 37 3. The home-based business shall not encroach into any required parking, setback, or open space areas. 4. There shall be no signs, displays, outdoor storage, parked vehicles, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 5. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. 6. There shall be no signs other than the address and name of the resident. 7. The home-based business shall not involve the use of commercial vehicles exceeding the manufacturer’s gross vehicle weight rating of 10,000 pounds or more, except for delivery of materials to or from the premises. 8. The home-based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. 9. If the home-based business is to be conducted on rental property (single- family dwelling), the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home-based business permit. 10. No tool or instrument used in connection with a home-based business shall possess a power rating of greater than three horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home-based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law. (Ord. 1279 § 7, 2015; Ord. 1259 § 1, 2013) SECTION 13. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.030 is hereby amended as follows: 25.40.030 Projections into Required Setbacks A. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project into required yard areas as identified in Table 25.40-1 (Projections). Table 25.40-1: Projections6 Maximum Projection into Required Setbacks Minimum Setback from Property Lines All projections (unless otherwise specified) Item 3A-133 38 - Front, rear, or street side yard 6′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Oriel or bay window1 - Front, rear, or street side yard 3′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Porches and steps2 - Front, rear, or street side yard 6′-0″ 3′-0″ - Internal side yard 2′-0″ 3′-0″ Balconies (over 6′-0″ above ground) - Front or rear yard 6′-0″ 5′-0″ - Internal side yard 5′-0″ 5′-0″ - Street side yard 5′-0″ 3′-0″ Open stairways3 (all yards) 4′-0″ 3′-0″ Covered patios4 - Rear yard 8′-0″ 3′-0″ - Side yard (within 35 feet of rear lot line) 5′-0″ 5′-0″ - Maximum coverage of rear yard 50% Underground structure5 No limit 5′-0″ Notes: 1. Limited to a maximum width of 10′-0″ or 50% of façade length, whichever is greater. 2. No roof. The railing height from ground level (measured at property line) to the top of the railing cannot exceed 6′-0″. 3. Open, unenclosed fire escapes and fireproof outside stairways. 4. Attached to a main structure only. If detached, the patio cover is considered an accessory structure. 5. Maximum height of any underground structure from grade (at property line) is 2′-0″. 6. All portions of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units shall comply with the minimum required setbacks established under Section 25.34.030. Figure 25.40-5: Projections into Required Setbacks Item 3A-134 39 B. Projections over public property in commercial zones. Building projections into public rights-of-way in commercial zones shall be regulated by the currently adopted Uniform Building Code. (Ord. 1259 § 1, 2013) SECTION 14. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.070 is hereby amended as follows: Item 3A-135 40 25.40.070 Private Tennis Courts and Sports Courts Private tennis courts/sports courts are subject to review and approval by the ARC and shall be constructed consistent with the following: 1. A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line. 2. No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with Section 25.72.050 is approved by the Commission. 3. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners. 4. All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping. 5. A landscape and irrigation plan shall be provided for review and approval by the ARC. 6. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements. 7. If the tennis/sports court is depressed at least 4 feet below the existing grade or the fence is no more than 6 feet above the adjacent grade then the court may be located to within 5 feet of the side and rear property lines. 8. Design and orientation of new or converted sports courts may shall be subject to ARC review to einsure minimalum impacts on adjacent properties. Applications for new or modified sport courts shall submit documentation demonstrating the proposed sport court will not cause adverse noise impacts to residential uses on adjacent properties. Figure 25.40-10: Private Tennis Courts and Sports Courts Item 3A-136 41 (Ord. 1259 § 1, 2013) SECTION 15. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.090 is hereby amended as follows: 25.40.090 Screening A. Purpose. This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. Item 3A-137 42 Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot Landscaping Standards). B. Screening materials and characteristics. 1. Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence, vine-covered fence, or compact evergreen hedge. 2. Hedge material used as screening shall not be less than 3 feet in height when planted and shall not be permitted to exceed the specified height by more than 1.5 feet. 3. Where trees are used, they shall have a mature height of not less than 20 feet and space no more than 20 feet apart from tree trunk to tree trunk. 4. All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered, weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided. C. Rooftop equipment. 1. All roof-mounted equipment in the single-family residential district including, but not limited to, heating, exhaust fans, cooling, solar, and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof-mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: (1) unreasonably delay or prevent installation, maintenance or use; or (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. 2. All rooftop equipment in commercial and industrial zones, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. D. Satellite receiving dish. 1. A satellite receiving dish of 5 feet or more in diameter must conform to the following standards depending on location: i. Planned Residential Developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. Item 3A-138 43 ii. Other Residential Areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed 14 feet if within 20 feet of a property line or 18 feet otherwise. iii. Commercial and Industrial Areas. ARC approval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening. E. Mechanical. 1. All mechanical equipment in general commercial and industrial districts, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. F. Service Industrial district. 1. In an Service Iindustrial Ddistrict the required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation. 2. A masonry wall at a minimum height between 5 and 7 feet shall be provided along all property lines except those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 3. A dense hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect. 4. Perimeter screening will not be required if deemed unnecessary by the ARC, based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. G. Planned residential and industrial district. Item 3A-139 44 1. All screening requirements for developments within the planned residential (PR) and planned industrial (PI) districts shall be determined by the ARC during its site plan review proceedings. H. Planned commercial district perimeter. 1. A masonry wall at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 2. An opaque hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall, within 18 months after property development, provide the intended screening effect. 3. Perimeter screening will not be required if deemed unnecessary by the ARC based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. I. Outside storage. No outside storage shall exceed the height of actual perimeter screening. (Ord. 1259 § 1, 2013) SECTION 16. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.46.040 is hereby amended as follows: 25.46.040 Parking Requirements A. Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle parking space requirements for specific uses. Where there is more than one parking ratio listed in the table, the greater of the two applies. Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building. Unless otherwise noted, this includes public and private areas. Table 25.46-1: Parking Schedule Use Minimum Stalls Required Residential Uses Children’s homes 1 per 4 beds1 Cluster housing Studio and one bedroom 2 per unit Two and more bedrooms 2 per unit Condominium Item 3A-140 45 Use Minimum Stalls Required Studio and one bedroom 2 per unit Two and more bedrooms 2.5 per unit Dwelling, mobile home 2 per unit Dwelling, multifamily Studio and one bedroom 2 per unit Two and more bedrooms 2 per unit Dwelling, single-family 2 per unit Residential care facility 1 per 4 beds1 Residential care home 1 per 4 beds1 Agricultural and Animal-Related Uses Stables, boarding 1 per 5 stables2 Veterinary facility 3 per 1,000 sq. ft. Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Assembly uses 1 per 3 seats or 1 per 18 inches of bench area Billiard halls 2 per billiard table Bowling alleys 2 per alley Golf-related uses Driving ranges 1 per tee3 Golf courses 4 per hole3 Pitch and putt 3 per hole3 Libraries 2 per 1,000 sq. ft. Preschools, nursery schools, and day nurseries 2 per 3 employees + 1 per 8 children Private clubs, union halls, lodge halls 10 per 1,000 sq. ft. Religious institutions 1 per 3 seats3 Schools, private 1 per employee plus 1 per 3 students at maximum classroom capacity Skating rinks, ice and roller 10 per 1,000 sq. ft.3 Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench area Swimming pools, commercial 2 per 1,000 sq. ft. of pool area3 Tennis facilities, commercial 3 per court or 1 per 18 inches of bench area Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench area Utility, Transportation, Public Facility, and Communication Uses Public utility facilities 2 or 1 per employee (in the largest shift) + 1 per vehicle used in conjunction with the use Retail, Service, and Office Uses Appliance stores 2 per 1,000 sq. ft. Item 3A-141 46 Use Minimum Stalls Required Banks 3 per 1,000 sq. ft. Drugstores 3 per 1,000 sq. ft. Financial institutions and savings and loan offices 2 per 1,000 sq. ft. Furniture stores 2 per 1,000 sq. ft. Plant nursery with outdoor sales and display5 2.5 per 1,000 sq. ft. of gross building area excluding greenhouse area Grocery stores 3 per 1,000 sq. ft. Gym, commercial 8 per 1,000 sq. ft.4 Gym, personal studio 4 per 1,000 sq. ft. Health, figure, and exercise salons and spas 5 per 1,000 sq. ft.4 Hotels 1 per guest unit3 Lumber yards 2 per 1,000 sq. ft. of floor area + 1 per 1,000 sq. ft. of open area for sales and display Medical, clinics 5 per 1,000 sq. ft. Medical, hospitals 1.75 per bed Mortuaries 5 + 250 sq. ft. of usable and accessible paved parking area for every 25 sq. ft. of assembly room floor area Motels 1.1 per guest unit3 Offices 4 per 1,000 sq. ft. Personal services 4 per 1,000 sq. ft. Resort hotels 1.1 per guest unit7 Restaurants 8 per 1,000 sq. ft. Retail uses, general 3 per 1,000 sq. ft.7 Shopping centers, community and regional 4 per 1,000 sq. ft.7 Shopping centers, specialty and district 3 per 1,000 sq. ft.7 Automobile and Vehicle Uses Auto rental agencies 3 per 1,000 sq. ft. of gross rentals Auto repair/service stations 1 per 1,000 sq. ft. Auto gas/convenience 3 per 1,000 sq. ft. Auto washing, full service 3.5 per 1,000 sq. ft. Auto washing, self service 1 per vacuum station or wash stall Auto and vehicle sales 2 per 1,000 sq. ft. Industrial, Manufacturing, and Processing Uses Industrial uses, general5 2 per 1,000 sq. ft.6 Storage, personal storage facility 6 + 2 per caretaker unit7 Support facilities for construction, renovation, and equipment installations Provide as needed Warehouses and storage facilities 2 per 3 employees and not less than 1 per Item 3A-142 47 Use Minimum Stalls Required 1,000 sq. ft. for the first 20,000 sq. ft.; 1 per 2,000 sq. ft. for the second 20,000 sq. ft.; 1 per 4,000 sq. ft. for area in excess of initial 40,000 sq. ft. Wholesaling and distribution 1 per 3,000 sq. ft. Notes: 1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit. 2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees. 3. As is needed, additional parking should be provided for other uses on the site. 4. Swimming pool area shall be counted as part of a facility’s floor area. 5. Except structures used exclusively for warehousing purposes. 6. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 7. Additional parking may be required by the Director through the precise plan process. B. Valet parking. Valet parking is subject to review and approval either at the time the predominant use is approved through a conditional use permit with insurance provisions or later as a specific item by the Code Compliance Supervisor but not until one year after occupancy resulting from the conditional use permit. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the City Attorney. C. In-lieu parking payments. In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee per parking space to the off-street parking fund of the City prior to issuance of a building permit provided that the district in which the use is to be established is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclusively for the purpose of acquiring and developing off- street parking facilities, limited insofar as practicable to the general vicinity of the premises for which in-lieu payments were made. The payment shall be in an amount set forth by Council resolution. This provision shall apply only to projects in the C- Item 3A-143 48 1Downtown Districts per Chapter 25.18 of this Title and OP districts and may not be used to replace more than 50 percent of the required spaces. (Ord. 1334 § 13, 2018; Ord. 1296 § 14, 2015; Ord. 1279 § 8, 2015; Ord. 1264 § 1, 2013; Ord. 1259 § 1, 2013) SECTION 17. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.46.080 is hereby amended as follows: 25.46.080 Joint Use Parking Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses involved. The agreement for the joint use shall be in the form of a recorded covenant and shall be acceptable to the City attorney. The approval for the joint use can be granted only by the Commission and shall apply exclusively to the Downtown Districts per Chapter 25.18 of this TitleC-1 and OP zoning districts. (Ord. 1259 § 1, 2013) SECTION 18. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.050 is hereby amended as follows: 25.60.050 Application Review and Report After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the designated approving authority describing the project, and his or hertheir recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Ord. 1259 § 1, 2013) SECTION 19. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.120 is hereby amended as follows: 25.60.120 Revocation This section provides procedures for the revocation of previously approved land use entitlements or permits. Item 3A-144 49 A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit. B. Decision to revoke. 1. The ZA may revoke a temporary use permit without a public hearing at the sole discretion of the ZA. 2. The Director may revoke a home-based business permit and a certificate of use without a public hearing at his or hertheir sole discretion. 3. Except as specified in paragraphs 1 and 2 above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing by the review body that originally approved the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060 (Public Hearing and Public Notice). C. Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made: 1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. 2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the entitlement or permit. 3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status. 5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute. 6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 1259 § 1, 2013) SECTION 20. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.150 is hereby amended as follows: 25.60.150 Certificate of Use and Occupancy Item 3A-145 50 A. Purpose. In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this title, a use certificate is required before any building permit may be issued or any structure or site is used. A certificate of occupancy as required in the City building code shall be issued only for a structure that conforms to the use certificate. B. Application and issuance of use certificate. Applications for a use certificate shall be made on a form prescribed by the Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the Zoning Administrator (ZA) Director,, to demonstrate conformity with this title. The DirectorZA shall check the application and all data submitted with it and shall issue a use certificate if he or shethey finds that all applicable provisions of this title will be complied with. C. Issuance of building permit. The building official shall not issue a building permit until the ZA has approved a use certificate for the structure which is the subject of the building permit. D. Issuance of certificate of occupancy. The building official shall not issue a certificate of occupancy for a structure or alteration until he or she hasthey have found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and he or shethey haves found that all conditions attached to a use permit, a variance, and design review have been met; provided, that the building official may issue a certificate of occupancy prior to the fulfillment of all requirements of this title if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the City. Cash in the amount of the faithful performance bond may be deposited with the City in lieu of the bond. E. Temporary certificate. A temporary certificate of occupancy may be issued by the Building Official prior to the time that all of the requirements for a certificate of occupancy have been met; provided, that no permit other than a temporary permit shall be issued for gas or electric utilities until the Building Official determines that all of the requirements for a certificate of occupancy have been met. A temporary permit for gas or electric utilities shall be valid for 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met, the Building Official shall request the public utility to discontinue service. F. Determination of compliance with required conditions. If the ZA Director is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, theyhe or she shall not issue a use certificate, but shall, at his or hertheir option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant. (Ord. 1293 § 1, 2015) Item 3A-146 51 SECTION 21. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.090 is hereby amended as follows: 25.62.090 Notice of Nonconformity The owner or occupant of property that is determined to be a nonconforming lot, building, or use under this chapter shall receive a notice, in writing, of that determination. A. Notice contents. The notice shall state the grounds for the decision and shall require the nonconforming lot, building, use, or land to be abated within a time determined by the City staff to be reasonable. The letter shall advise that if the nonconforming lot, building, or use is not abated within the time specified, the abatement work will be completed by the City and the costs thereof will be charged against the property or its owner. The notice shall furthermore provide that any person having any record title or legal interest in the building or lot may request a hearing, provided that the request is made in writing, as provided in this section, and filed with the City within 30 days from the date of service of such notice. The notice shall finally provide that failure to request a hearing will constitute a waiver of all right to an administrative hearing and determination of the matter. B. Service of notice of nonconformity. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the City or disclosed from public records: 1. The holder of any mortgage or deed of trust or other lien or encumbrance of record. 2. The owner or holder of any lease of record. 3. The holder of any other estate or legal interest of record in or to the building, or the land on which it is located. The failure of the City to serve any person required in this subsection to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on him or herthem by the provisions of this section. C. Method of service—Effective date of service. Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or hertheir address as it appears on the last equalized assessment roll of the County or as known to the City. If no address of any such person so appears, or is known to the City, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings Item 3A-147 52 taken under this section. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing. D. Proof of service. Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by the persons effecting such service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the City staff. (Ord. 1259 § 1, 2013) SECTION 22. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.100 is hereby amended as follows: 25.62.100 Abatement Hearings A. Request for hearing. Any person entitled to notice under Section 25.62.090 of this chapter may, within 30 days of receipt of the notice, request a hearing. The request for hearing shall be in writing, and shall contain the following information: 1. A brief statement setting forth the legal interest of each of the persons requesting the hearing in the building, land, or lot involved. 2. A brief statement in ordinary and concise language of the specific City action protested, together with any material facts claimed to support the contentions of the persons requesting the hearing. 3. A brief statement, in ordinary and concise language, of the relief sought, and the reasons why it is claimed the protested City action should be reversed, modified, or otherwise set aside. 4. The signatures of all parties requesting the hearing, and their official mailing addresses. 5. The verification, by declaration under penalty of perjury, of at least one person who is requesting the hearing, as to the truth of the matters stated in the request for hearing. B. Abatement hearing board established. In order to provide for final interpretation of the provisions of this chapter, and to conduct hearings provided for below, there is established an abatement hearing board, hereinafter referred to as the “board,” consisting of three members. One such member shall be a member of the Council. A second member shall be a member of the Commission. A third member shall not be an employee of the City. The Director shall be an ex-officio member of, and shall act as secretary to the board. The board shall be appointed by the Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting Item 3A-148 53 its business, and shall render all decisions and findings, in writing, to the person requesting a hearing, with a copy to the Director. Copies of all rules and regulations adopted by the board shall be delivered to the Director, who shall make them freely accessible to the public. C. Notice of hearing—Form. As soon as practicable, after receiving the written request for a hearing, the board shall fix a date, time, and place for the hearing by the board. Such date shall be not less than 10 days or more than 60 days from the date the request for hearing was filed. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing, to each person requesting a hearing by the secretary of the board, either by causing a copy of such notice to be delivered to the persons requesting the hearing personally, or by mailing a copy thereof, postage prepaid, addressed to the person requesting the hearing at his or hertheir address shown on the request for a hearing. The notice to the person requesting the hearing shall be substantially in the following form, but may include other information: 1. You are hereby notified that a hearing will be held before the abatement hearing board at _____ on the ______ day of _________, ______, at the hour of _________, upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents, or other things by filing an affidavit therefor with the abatement hearing board. D. Hearing procedures. The following procedures shall apply to the conduct of the hearing: 1. The hearing shall take place before the three members of the abatement hearing board, who shall act as hearing examiners to conduct the hearings. 2. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording, determined to be appropriate by the board. 3. The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto. A transcript of the proceedings shall be made available to all parties, upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved. 4. The board may grant continuances for good cause shown. 5. In any proceedings under this chapter, the board, or any board member, has the power to administer oaths and affirmations and to certify to official acts. Item 3A-149 54 6. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 7. The board may obtain the issuance and service of a subpoena for the attendance of witnesses, or the production of other evidence at a hearing upon the request of a member of the board, or upon the filing of an affidavit therefor, which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his or hertheir possession or under his or hertheir control. 8. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 9. Oral evidence shall be taken only on oath or affirmation. 10. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient, in itself, to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 11. Any relevant evidence shall be admitted, if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 12. Irrelevant and unduly repetitious evidence shall be excluded. 13. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the board or departments and ordinances of the city, or rules and regulations of the hearing board. 14. The board may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before the inspection is made, the parties are given an opportunity to be present during the inspection, and the board shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board. 15. The hearing shall be open to the public. 16. The City shall have the burden of proof, and shall first present its evidence as the first order of business. The party requesting the hearing may then cross- Item 3A-150 55 examine the witnesses presented on behalf of the City. The person requesting the hearing may then present evidence. The City may then cross-examine the witnesses presented on behalf of the person requesting the hearing. 17. Upon receipt of all the evidence the board shall then retire to deliberate and shall render a decision not less than 5 days after the date of the hearing. The City has the burden of persuasion by a preponderance of the evidence, which burden shall be taken into consideration by the board in rendering its decision. 18. The decision of the board shall be in writing and shall contain findings of fact; a determination of the issues presented, and shall also contain the requirements to be complied with by the person requesting the hearing. A copy of the decision shall be delivered to the person requesting the hearing, personally, or sent to themhim or her by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. E. Rights of parties at the hearing. Each party shall have these rights, at the hearing: 1. To call and examine witnesses on any matter relevant to the issues of the hearing. 2. To introduce documentary and physical evidence. 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing. 4. To impeach any witness, regardless of which party first called him or herthem to testify. 5. To rebut the evidence against him or herthem. 6. To represent him or herselfthemself, or to be represented by anyone of his or hertheir choice, including an attorney at law, who is lawfully permitted to do so. F. Appeal to Council. The decision of the board may be appealed to the Council within 15 days of the date of service of the decision of the board. The Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and shall be based only on the hearing transcript, the evidence presented at the hearing, those matters officially noticed, and the written decision of the board. Any action of the board shall be stayed pending the outcome of the appeal. The decision of the Council shall be final. (Ord. 1259 § 1, 2013) SECTION 23. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.100 is hereby removed and amended as follows: Item 3A-151 56 25.64.020 (Repealed per SB 234) Large Family Day Care Use Permits A. Purpose. Pursuant to California Health and Safety Code Section 1597.46, the City of Palm Desert prescribes reasonable land use standards, restrictions and requirements concerning space and concentration, traffic control, parking, and noise control relating to large family day care homes. A permit allows for the operation of a large family day care home in conformance with such standards, restrictions, and requirements. Its purpose is not to license, certify, or otherwise regulate the quality and safety of day care services provided by family day care homes and those who operate them, which are governed exclusively at the state level by the Department of Social Services. B. Application process. Applications for use permits to operate a large family day care home shall be made to the ZA or his or her designee, who shall specify the form of said applications consistent with this section. At a minimum, application forms shall indicate all of the following: 1. Number of children to be cared for by the applicant, including the applicant’s own children less than 10 years of age. 2. Number of employees. 3. State license number. 4. Proof that the applicant is in lawful possession and control of the real property proposed to be used as a large family day care home. 5. In addition to submission of a completed application form as provided by this chapter, the applicant shall submit the following documentation: i. One copy of the assessor’s parcel map. ii. One copy of a site plan (8.5 by 11 inches) showing: location and dimension of existing residence and other structures, including permanent outdoor play structures and equipment, and fencing; distance to property line; parking areas and number of spaces both on-site and off-site; access to and exits from the home; floor(s) on which day care is to be provided; traffic circulation; and location of fire extinguishers and smoke detectors. iii. An accurate traffic circulation plan showing parking, circulation, and drop- off areas. Item 3A-152 57 C. Notice to property owners. Not less than 10 days prior to the date on which the decision will be made on the application, the ZA or his or her designee shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 300-foot radius of the exterior boundaries of the proposed large family day care home. A copy of the notice shall also be sent to the applicant. The notice shall inform its recipient that no hearing shall be held before a decision on the application unless requested by the recipient. D. Decision by the Zoning Administrator. After proper notice has been given to affected property owners, the ZA or his or her designee shall render a decision on the application. Unless requested by the applicant or other affected person, no hearing shall be held on the application before a decision is made. The application shall be approved if all of the following standards and requirements are met: 1. Space and Concentration. Properties proposed for use as large family day care homes shall be located no closer than 300 feet in all directions from another large family day care home, subject to an application for an exception to said 300- foot distance which may, after a public hearing and notice to the adjacent property owners in accordance with this chapter, cause the reduction to no more than 100 feet from another large family day care home. The foregoing spacing and concentration requirements shall not apply to large family day care homes which are already operating in the City on the date this chapter takes effect. 2. Traffic Control. The traffic circulation plan shall be designed to diminish traffic safety problems. Residences located on major arterial streets (as shown on the General Plan circulation map) must provide a drop-off/pickup area designed to prevent vehicles from backing onto the arterial roadway. The applicant may be required to submit a plan of staggered drop-off and pickup time ranges to reduce congestion in neighborhoods already identified as having traffic congestion problems. 3. Parking. All homes used for large family day care facilities shall provide at least three automobile parking spaces, no more than one of which may be provided in a garage or carport. Parking may be on-street if contiguous to property. These may include spaces already provided to fulfill residential parking requirements. 4. Noise Control. Operation of the facility shall comply with all provisions of Chapter 9.24 of this code. Additional conditions may be placed on use permits to reduce noise impact if ongoing problems exist. 5. Signage. No signs or other exterior markings identifying a large family day care operation shall be allowed on the applicant’s home. 6. Residency. The applicant must be a primary resident of the home that is proposed as a large family day care home. Item 3A-153 58 7. Contact Person. The current name(s) and telephone number(s) of the applicant, and all other operators if different from the applicant, of the family day care home shall be on file with the department of community development at all times. 8. State Licensing. All appropriate licensing from the state Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the City. 9. Building and Fire Code Compliance. Consistent with Section 1597.46 of the Health and Safety Code, the proposed large family day care home must comply with all building and fire code provisions applicable to single-family residences, and with such additional standards as the State Fire Marshal from time to time adopts pursuant to Section 1597.46(d) of the Health and Safety Code to promote the fire and life safety of children in family day care homes. (See Title 22 of the California Code of Regulations.) No application shall be approved unless and until the City’s building inspector and fire marshal, or their designees, have first inspected the premises and approved that the home does comply with the foregoing building and fire code provisions. However, a copy of the applicable state licensing evaluation report covering these issues may be found by the City staff to be sufficient. 10. Smoking Restricted. Consistent with Section 1596.795 of the Health and Safety Code, smoking of tobacco and other substances—whether in pipe, cigar, or cigarette form—shall not be allowed in the applicant’s home during its hours of operation as a large family day care home with respect to those areas of the home where children are present. 11. Single-Family Zoning. No use permit shall be issued unless the dwelling unit proposed to be used as a large family day care home is located on a lot zoned or used for single-family dwellings under this chapter. 12. Proof of Control. No use permit shall be issued unless the applicant can demonstrate legal authority and control over the real property proposed to be used as a large family day care home. E. Appeal of decision. The applicant or other affected person may appeal the decision to grant or deny an application for a use permit pursuant to this chapter to the Commission. The Commission’s decision shall be final unless the matter is called up for review by the Council within 15 calendar days of the Commission’s decision. The appellant shall pay the City’s costs, if any, of processing and conducting the appeal. The amount of such costs shall be estimated in advance by the ZA or designee and the appellant shall deposit said amount with the City before the City will process the request for an appeal. If at the end of the appeal the City’s actual costs were less than the estimate, then the City shall refund the unused portion of the deposit to the appellant. In the event that the City’s costs exceeded the amount of the deposit, then the appellant shall pay the amount of the difference to the City. Item 3A-154 59 F. Expiration of permit. If a large family day care home possessing a use permit ceases to operate for a period greater than 365 consecutive days or its state license expires, whichever occurs first, and then its use permit shall be considered null and void. Permits are nontransferable. G. Review of permit—Suspension or revocation. 1. Upon determination that the holder of a large family day care home use permit has not complied with all of the standards and requirements of this chapter, the ZA may require the use permit to be reviewed by the Commission at a public hearing. A noticed public hearing to review the use permit is mandatory when the City receives six substantiated complaints alleging violations of this chapter. 2. If the Commission determines that the holder has failed in a material way to comply with all of the stan-dards and requirements of this chapter, then the Commission may suspend or revoke the permit or may, in its discretion, impose additional reasonable standards and requirements consistent with state law, based on findings derived from testimony and evidence presented at the public hearing. H. New applications. Following the denial of a large family day care use permit application or the revocation of a large family day care permit, no application for a large family day care use permit for the same or substantially the same business on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the large family day care use permit. (Ord. 1279 §§ 16—19, 2015; Ord. 1259 § 1, 2013) SECTION 24. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.050 is hereby amended as follows: 25.64.050 Reasonable Accommodation A. Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B. Application. 1. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the ZA. No fee Item 3A-155 60 shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following: i. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability. ii. The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant. iii. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. iv. Any other information that the ZA reasonably concludes is necessary to make a determination on a reasonable accommodation request, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. C. Review procedure. The ZA is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed. D. Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. Item 3A-156 61 3. The requested accommodation will not impose an undue financial or administrative burden on the City as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. E. Alternative reasonable accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. F. Consideration factors. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. G. Consideration factors—Fundamental alteration to zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking. Item 3A-157 62 3. Whether the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan. 4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. H. Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. I. Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on such appeal, pursuant to the provisions of this section. J. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless one of the following applies: 1. A building permit has been issued and construction has commenced. 2. A certificate of occupancy has been issued. 3. The use is established. 4. A time extension has been granted. K. Time extension. The ZA may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the ZA no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. L. Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the Item 3A-158 63 residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZA may request the applicant or his or hertheir successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. N. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title. O. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The ZA may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 1259 § 1, 2013) SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.68.030 is hereby amended as follows: 25.68.030 Exceptions to ARC review A. Minor modifications. When in the opinion of the ZA, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, he or shethey may grant the permit without submitting the matter to the ARC for its approval, notwithstanding any other provisions of this chapter. B. Staff’s review of a single-family residence. Department staff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones. The staff, on its own initiative, may forward such a request to the ARC for action. (Ord. 1259 § 1, 2013) SECTION 26. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.020 is hereby amended as follows: 25.72.020 Use Determinations A. Purpose. In order to ensure that the zoning regulations will permit all similar uses in each district, the Commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts on the basis of similarity to uses specifically listed. The procedures of this chapter shall not be Item 3A-159 64 substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. B. Application—Submittal requirements. Application for determination of similar uses shall be made in writing to the Director and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination. C. Investigation and report. The Director shall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his or hertheir findings to the Commission. D. Determination. The determination of the Commission shall be rendered in writing and shall be transmitted to the Council within 15 days of the determination. The decision of the Commission shall become final within 30 days unless an appeal is filed or the majority of the Council elects to review the determination. E. Determination by City Council. If required, the Council shall make a determination as prescribed in Section 25.60.080 (Appeals). (Ord. 1259 § 1, 2013) SECTION 27. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.050 is hereby amended as follows: 25.72.050 Conditional Use Permit A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B. Application requirements. Application for a conditional use permit shall be filed with the Department on a form prescribed by the Director and shall include materials as required. C. Investigation and report. The Department shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Commission and made available to the applicant prior to the public hearing. Item 3A-160 65 D. Hearings. The Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained. E. Action of the Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A conditional use permit may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission deems necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. F. Findings. The Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan. G. Effective date of the use permit. The decision of the Commission shall be final within 15 days from the date of the decision unless an appeal has been filed with the Council. H. Lapse of conditional use permit. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject Item 3A-161 66 of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Commission. Prior to the expiration of the permit, the applicant may request a one year time extension by filing with the Commission. I. Modification of conditional use. Modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Director if he or shethey determines that the changes would not affect the findings prescribed in Section 25.72.050.F (Findings), and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place. J. Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the Commission upon receiving satisfactory evidence that the permittee, its agent(s), employee(s), or any person connected or associated with the permittee: (1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the City’s building, zoning, and health regulations; (2) has failed to comply with any condition imposed by the conditional use permit; or (3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. The modification, discontinuance, suspension, or revocation shall be made only after a duly noticed hearing before the Commission, which hearing shall be conducted within 40 days of learning of the violation. K. Commission determination. 1. Not more than 30 days or less than 10 days prior to the hearing, written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the grounds upon which the Commission intends to modify, discontinue, suspend, or revoke the conditional use permit. The notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee’s last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. 2. Notice of the hearing shall also be mailed not more than 30 days or less than 10 days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the City regarding the subject property. Item 3A-162 67 3. After giving notice and conducting the hearing, the Commission may modify, discontinue, suspend, or revoke the conditional use permit. As part of any such action, the Commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood; to eliminate, lessen, or prevent any detrimental effect thereon; or to assure compliance with other applicable provisions of the law. Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. 4. The decision of the Commission shall become final 30 days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the Council in accordance with Section 25.60.080 (Appeals) of this code. L. New applications. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. M. Use permit to run with the land. A conditional use permit granted pursuant to the provisions of this chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. However, the City shall be notified of any change of ownership within 90 days of its occurrence. (Ord. 1259 § 1, 2013) SECTION 28. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.040 is hereby amended as follows: 25.78.040 Amendments—Zoning Map A. Procedure. The zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this chapter. B. Initiation. A change in the boundaries of any district may be initiated by the owner, or the authorized agent of the owner of the property, by filing an application for a change in district boundaries. If the property for which a change of district is proposed with more than one owner, all the owners or their authorized agents shall be part of the application. A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council. C. Application—Submittal requirements. A property owner desiring to propose a change in the boundaries of the district in which his or hertheir property is located, or his or her authorized agent, may file with the Department an application for a change in Item 3A-163 68 district boundaries on a form prescribed by the Commission and shall include the following information: 1. Name and address of the applicant. 2. Statement that the applicant is the plaintiff in an action of eminent domain to acquire the property or the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed. 3. Address and legal description of the property. 4. An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Director to be necessary to illustrate the relationship to any impact on the surrounding area. 5. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property, taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these properties. D. Action by the Council. 1. The Council shall hold at least one public hearing on an application within 40 days after the receipt of the resolution or report by the Commission, provided that no hearing shall be held on an application which has been denied by the Commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). 2. If the Council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. E. New application following denial. Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. F. Change of zoning map. A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (Ord. 1259 § 1, 2013) SECTION 29. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.060 is hereby amended as follows: 25.78.060 Development Agreements Item 3A-164 69 A. Purpose. The purpose of this chapter is to provide the City with greater control and flexibility in the evaluation of projects by tailoring development standards to the unique features of a particular site and linking them with specific development proposals and performance criteria. B. Eligibility. Persons or organizations entering into development agreement with the City must have a legal or equity interest property. C. Contents. A development agreement, at a minimum, shall specify or contain the following: 1. Duration of agreement. 2. Maximum height and size of building. 3. Permitted uses. 4. A general site plan showing arrangement of uses, circulation, and required dedication. 5. A timetable for the completion of various project phases or other features of the agreement. 6. Other conditions, terms, restrictions, and requirements for subsequent discretionary actions. D. Public hearing and notice. A public hearing on an application for a development agreement shall be held by the Commission and Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Section 25.60.060 (Public Hearing and Public Notice). E. Form and consistency. A development agreement shall be approved by ordinance and shall be consistent with general and specific plans. F. Rules, regulations, and official policies. Unless otherwise provided by the development agreement, rules, regulations and official policies governing uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to the agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City from subsequent actions applicable to the property from applying new rules which do not conflict with those contained within the agreement, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations, and policies. Item 3A-165 70 G. Periodic review. The Director, or his or hertheir designee, shall review a development agreement every year, at which time the applicant or their his or her successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review, the Director finds and determines, on the basis of substantial evidence, that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the Council that the agreement be modified or terminated. If the Council concurs with the Director recommendation, the agreement shall be modified or terminated. Proceedings before the Council shall be a noticed public hearing per Section 25.60.060 (Public Hearing and Public Notice). H. Amendment or cancellation. A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the agreement or their successors. I. Recording of agreement. No later than 10 days after the City enters into a development agreement, the City clerk shall record with the County recorder a copy of the agreement, which shall describe the land subject thereto. From and after the time of such recordation, the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. J. Modification or suspension to comply with state or federal laws or regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. K. Reversion of zoning in the event of noncompliance with terms and conditions. In the event the terms and conditions are not met by the developer, the zoning shall revert to the zoning which existed prior to the development. (Ord. 1259 § 1, 2013) SECTION 30. Amendment to Palm Desert Municipal Code. The following definitions for “Condominium” and “Nameplate” within Chapter 25.99.020 are revised as follows: 25.99.020 Land Use Definitions Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in his or hertheir unit and an interest as granted in common in common areas. Item 3A-166 71 Condominium means condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code. Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and his or hertheir occupation or specialty. Zoning Ordinance, this ordinance. The comprehensive Zoning Ordinance of the City. (Ord. 1384 § 2, 2022; Ord. 1366 § 2, 2021; Ord. 1358 § 2, 2020; Ord. 1331 § 3, 2017; Ord. 1321, 2017; Ord. 1304 § 1, 2016; Ord. 1303 § 7, 2016; Ord. 1302 § 5, 2016; Ord. 1292 § 4, 2015; Ord. 1279 § 21, 2015; Ord. 1277 § 7, 2014; Ord. 1267A § 2, 2014; Ord. 1259 § 1, 2013) SECTION 31. Amendment to Palm Desert Municipal Code. The following municipal code section, Section 25.60.170, is added as follows: 25.60.170 Application Withdrawal Application Withdrawal 1. After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director. 2. An applicant is not entitled to a refund of application fees for withdrawn applications; however, the city may refund fees not expended if the application is withdrawn. 3. If an applicant fails to respond to staff comments within 60 days, or an application is otherwise determined by the Director to be inactive for a period of 60 days, then the application will be deemed abandoned and withdrawn. Item 3A-167 PLANNING COMMISSION RESOLUTION NO. 2828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE CASE NOS. ZOA23-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21s' day of February 2023, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the City of Palm Desert is initiating a Zoning Ordinance Amendment ZOA) that modifies sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to correct typos, remove inconsistencies, and references to former zoning districts; and WHEREAS, the Amendment as complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA" Resolution No. 2019-41 , determining that the project is categorically exempt under Section 15061(b)(3) of the CEQA Guidelines as it can be seen the amendment will have no possibility to have a significant impact on the environment; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert, California ("City"), is a municipal corporation duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Palm Desert Municipal Code (PDMC) amendment to Title 25 as shown in "Exhibit A," which is attached hereto and incorporated herewith. Item 3A-168 PLANNING COMMISSION RESOLUTION NO. 2828 SECTION 3. CEQA. The City Council finds that the adoption of this ordinance is not a project,"as defined in the CEQA, because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 4. Recommendation. The Planning Commission recommends approval of the proposed Zoning Ordinance Amendment. ADOPTED ON February 21, 2023. 170,I2& 113-adetto Jose radetto(Feb 24,2023 10:13 PST) JOSEPH PRADETTO VICE-CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2828 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on February 21, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto s5t my hand and affixed the official seal of the City of Palm Desert, California, on FebruaryVZ, 2023. RICHARD D. CANNONE, AICP SECRETARY 2 Item 3A-169 PLANNING COMMISSION RESOLUTION NO.2828 EXHIBIT A" ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.010 is hereby amended as follows: 25.02.010 Title and Purpose A. Title. This title shall be known as the Zoning Ordinance of the City. B. Relation to the General Plan. The City Council has instituted a comprehensive planning program in order to ensure that the anticipated growth within the City is organized, planned, and coordinated in a manner that will not place undue burdens on the City in its ability to provide urban services and facilities. This planning program has culminated in the preparation and adoption of a comprehensive General Plan. C. Role of Zoning Ordinance. Chapter 12 "Work Plan"of the General Plan recommends implementation strategies to accomplish the goals and objectives found within that document. In order to accomplish said goals and objectives the orderly development of the City, and the elimination of haphazard land development, is required.Among the methods noted is a regulatory Zoning Ordinance to govern the uses of land and the density and intensity of development. D. Purpose of Zoning Ordinance.The zoning regulations of the City are adopted to protect, promote, and enhance the public health, safety, and general welfare, ensuring that development within the City is related to the City's ability to provide essential urban services and is consistent with the Palm Desert General Plan. More specifically, these regulations are adopted to achieve the guiding prinsipalsprinciples identified in the General Plan and include the following objectives: 1. Relate proposals for development to the provisions and recommendations of the City's General Plan and ensure development is consistent with the guiding priasipalsprinciples of the General Plan. To meet the guiding pr+ncfpalsprinciples development proposals will be reviewed for their focus on: human-scale design, liveliness of centers, complete streets, accessibility and connectivity, and quality of open spaces. 2. Foster a harmonious, convenient, workable and connected relationship among land uses. 3. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the City as a whole. 3 Item 3A-170 PLANNING COMMISSION RESOLUTION NO.2828 4. Provide population densities that support and encourage pedestrian activities such as walking and bicycling;that are connected to, and in proximity of, civic and education uses, open spaces, and commercial and employment opportunities. 5. Foster an environment that ensures pedestrian amenities connect the community, are designed to accommodate pedestrians and bicyclist, and that are conveniently located for the highest impact. 6. Forecast and plan for the City's ability to provide community facilities, utilities, and services. 7. Ensure adequate consideration for urban design in the development process so that new development enhances the City as it matures. 8. Provide provisions for adequate bicycle parking, off-street parking, shared parking facilities, and off-street truck loading facilities. 9. Promote preservation of natural environmental features in the development and use of land within the City. 10. Develop land use regulations that will encourage infill development and redevelopment of existing sections of the City and provide for innovative development in undeveloped areas. (Ord. 1324§2, 2017; Ord. 1259§ 1, 2013) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.02.050 is hereby amended as follows: 25.02.050 Rules and Interpretation The Director of Community Development shall have the authority and responsibility to interpret terms, provisions, and requirements of this code in accordance with the rules listed below. A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1. City of Palm Desert= City 2. Director of Community Development= Director 3. Zoning Administrator=ZA 4. Architectural Review Commission =ARC 5. Planning Commission = Commission 4 Item 3A-171 PLANNING COMMISSION RESOLUTION NO.2828 6. City Council= Council 7. GeFRFRURity Developme4#Develoj)ment Services Department= Department B. Terminology.The following rules apply to all provisions in this code: 1. Language. The words"shall,""will,""is to,"and "are to"and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may"is permissive. 2. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes"and "including"shall mean including, but not limited to." 4. Number of Days. Whenever a number of days are specified in this code, or in any entitlement, condition of approval or notice issued or given as provided in this code,the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day when the last of the specified number of days falls on a day that the City is not open for business. C. Minimum Requirements.All provisions of this code are considered to be minimum requirements, unless specifically stated otherwise. D. Calculations—Rounding.Where any provision of this code requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number(0.5 or more is rounded up, less than 0.5 is rounded down). E. Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category. F. Zone Boundaries. Where uncertainty exists as to the boundaries of any districts shown on the official zoning map, the rules established under Section 25.04.030 (Zoning Map) apply. 5 Item 3A-172 PLANNING COMMISSION RESOLUTION NO.2828 G. Consistency of Text and Diagrams. Diagrams are provided within this code to illustrate the requirements of the zoning code's text. In the event of conflict between the text of this code and provided diagrams, the text shall determine the City's regulations. H. Conflicts with other Regulations. Wherever conflict occurs between the provisions of this title and any other provision of law,the more restrictive of any such provisions shall apply. (Ord. 1324§2, 2017; Ord. 1259§ 1, 2013) SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.020 is hereby amended as follows: 25.10.020 Characteristics of the Residential Districts The following descriptions of each residential district identify the characteristic uses, density, intensity of uses and the types of development intended for that district. A. Estate Residential District(RE). The district is intended to provide low intensity and neighborhood development(0.5-1.0 du/ac) and generally is characterized by limited development on large properties and preservation of natural features and open space. B. Single-Family/Mobile Home Residential District(R-11M). This district provides for the permanent placement and occupancy of single family dwelling units, factory built or manufactured dwelling units and mobile homes for residential purposes on purchased, rented or leased lots. The district is characterized as having moderated density (4.0-7.0 du/ac)focused around community space and amenities with walkable streetscapes. C. Single-Family Residential District(R-1).The intent of this district is to encourage the preservation and development of traditional residential neighborhoods. The district provides for low intensity development(2.0-8. 0 du/ac) generally characterized by single-family homes on medium-sized lots organized around formal and walkable streetscapes. D. Mixed Residential District(R-2).The intent of this district is to provide moderate intensity and density (3.0-10.0 du/ac)for neighborhood development. Neighborhoods are characterized by a variety of housing choices and mixed-uses. Buildings are organized around formal and walkable streetscapes with high levels of pedestrian connectivity. E. Multifamily Residential District(R-3).The intent of this district is to provide suitable areas for moderate to higher intensity and density(7.0-40.0 du/ac)for residential development and small scale commercial activity. The zoning district is characterized by higher density residential development and mixed-uses in proximity to retail and commercial services. Buildings are organized around formal streetscapes with 6 Item 3A-173 PLANNING COMMISSION RESOLUTION NO.2828 a variety of plazas and other pedestrian arneaitesamenities and open spaces that are highly connected to surrounding development. F. Hillside Planned Residential District(HPR). The purpose of the hillside planned residential district is to provide for the lowest intensity (0.2 du/ac)of residential development by minimizing the grading of hillside areas and to preserve the natural contours of the land by avoiding extensive cut and fill of slopes that result in a padding or staircase effect within the development. This district is characterized by the preservation of natural features and protected viewsheds, architecture and landscape design that blends with the natural terrain, and informal and natural streetscapes that follow the topography of the land. G. Planned Residential District(PR). The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0-40.0 du/ac), mixed housing types, and community facilities. The district is strarastersi7pdcharacterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes. (Ord. 1324§4, 2017; Ord. 1259§ 1, 2013) SECTION 4. Amendment to Palm Desert Municipal Code, Palm Desert Municipal Code section 25.10.030 is hereby amended as follows: 25.10.030 Allowed Land Uses and Permit Requirements Table 25.10-1 "Use Matrix for Residential Districts" below identifies land uses and corresponding permit requirements for residential districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25. 99"Definitions". The Special Use Provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Use regulations in the table are shown with a representative symbol by use classification listing: "P" symbolizes uses permitted by right, "A"symbolizes uses that require approval of an administrative use permit, "' " 6ymb^'zes uses that requ re approval of a laFge family day GaFe use per , "C"symbolizes uses that require approval of a conditional use permit, and"N"symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.10-1:Use Matrix for Residential Districts 7 Item 3A-174 PLANNING COMMISSION RESOLUTION NO.2828 Residential Zoning District P=Permitted;A=Administrative Use Permitl;L= Large Permit;Family Day GaFe Use C=Conditional Use Permit;N=Not Permitted Special R- R- R- Use RE 1 R-2 3 1M HPR PR Provisions Residential Uses Assisted living N C C C N N C Accessory dwelling unit P P P P P N P 25. 34.030 Condominium N N C C N N C Dwelling,duplex N N P P N N N Dwelling,multifamily N N P P N N C 25.10.040.A R R P R N R R 25.34-.030 Dwelling,single-family P I P I P N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.B Guest dwelling P P P N N P P Home-based business P P P P P P P -25.34.020 Junior accessory dwelling unit P P P P P N P 25.34.030 Manufactured home parks N N N N C N N Planned unit development,residential N N C C N C C 25.10.040.0 Transitional and supportive housing see Note 1 Agriculture-Related Uses Apiary P P P N N P P 25.34.170- Botanical conservatory A N N N N N N Crops and horticulture,limited A N N N N N N Domestic animals P P P P P P P Garden,private P P P P P P P Greenhouse,commercial C N N N N N N Greenhouse,private P P P A A P P Horticulture,private P P P P P P P Kennel C N N N N N C 25. 10.040.D Livestock raising,noncommercial C N N N N N N Nursery C N N N N N N Orchard A N N N N N N Stable,boarding A N N N N N N 25. 10.040.E Stable,private A I N N N N N N I 25.10.040.E Recreation,Resource Preservation,Open Space,and Public Assembly Uses Cemetery N N N N N N C Community facility N N N N N N C Club,private N N C C N N C Crematory N N N N N N N Day care,large family PL PL PL PL PL PL PL 2-9-4-0-440-F- Day care,small family P P I P P P P P Institution,educationalz C C I C C C N C Institution,generaJ2 N N N C N N C Institution,religious C C C C N N C Public park P P P P P P P Recreational use,commercial N N N N N N C 25.10.040.G 8 Item 3A-175 PLANNING COMMISSION RESOLUTION NO.2828 Residential Zoning District P=Permitted;A=Administrative Use Permitl-urge Permit;Family Day Care Use C=Conditional Use Permit;N=Not Permitted Special R- R- R- Use RE 1 R-2 3 1M HPR PR Provisions Recreational vehicle park N N N N C N C Recreation facility,commercial N N N N N N N Recreation facility, incidental C C C C C N C 25.10.040.H Recreation facility,private P N N P P N P Recreation facility,public C C C C C N C Utility,Transportation,Public Facility,and Communication Uses Electric substation N N N N N N N Fire station C C C C N N C Public service facility C C C C C N N Public utility C C C C C N N Utility facility N N N N N N C Retail,Service,and Office Uses Bed and breakfast C N N C N N N Commercial parking lot N C N C N N N 25.10.040.1 Condominium hotel,converted N N C C N N C Hospital N N C C N N C Hotel N N N C N N C 25.10.040.J Neighborhood government office N N C C N N N 25.10.040.K Office parking lot N C C C N N N 25.10.040.E Professional office N N C C N N N 25.10.040.M Resort hotel N N N C N N C 25.10.040.J Timeshares N N N N N N C Temporary Uses See Section 25.34.080 Notes: 1. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone. 2. Trade schools are not permitted. Ord. 1358§2, 2020; Ord. 1324§4, 2017; Ord. 1304§ 1, 2016; Ord. 1279§ 1, 2015; Ord. 1259§ 1, 2013) SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.040 is hereby amended as follows: 25.10.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.10-1 (Use Matrix for Residential Districts): 9 Item 3A-176 PLANNING COMMISSION RESOLUTION NO.2828 A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling units per acre, or as indicated on the zoning map. B. Group Home.When permitted according to Table 25.10-1 (Use Matrix for Residential Districts), group homes are limited to 6 or fewer residents. C. Planned Residential. Cluster development and/or condominiums are permitted as part of a planned development. D. Kennel. Excluding domestic pets, all boarding for animals or fowl must be at least one hundred feet away from any neighboring residential home. E. Stables. The stabling of horses (or mules) is permitted with an administrative use permit in the residential estate district subject to the following provisions: 1. Two standard horses (or mules) over 14.2 hands, 58 inches shall be permitted on a lot of 40,000 square feet minimum area with a total number of horses all sizes not exceeding three. (This would allow one additional pony or the temporary keeping of one foal). 2. Horses must be kept within a corral and/or enclosed stable of the following minimum dimensions: a. Corral. 288 square feet per horse; minimum dimensions of 12 by 24 feet, and one-third shaded. b. Stable. 144 square feet, minimum dimension 12 feet by 12 feet per horse. Stable shall be ventilated for the desert environment. C. Construction. Corrals and stables shall be constructed of material and in such a manner to adequately contain the horses. 3. Barns, corrals or stables constructed to maintain horses shall be located not less than 35 feet from any residence or habitable structure on the same lot and not less than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals, or stables may be located within 50 feet of a front property line if the finding can be made that the design and appearance of such structures are compatible with surrounding properties. No horses shall be permitted within one hundred feet of an adjacent property not zoned RE(i.e., R1, O.P., PR). 4. Definitions for`organic material,"and "diverted"from Chapter 8.16 shall apply to this subsection.Animal manure shall be stored in appropriate receptacles and composted or otherwise properly diverted as an organic material, according to Chapter 8.19, not less than once per week. 10 Item 3A-177 PLANNING COMMISSION RESOLUTION NO.2828 5. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day. F. Large Family Day Care. Formatted:indentl,Indent:Left: 0" homes shall be 10Gated RG GIE)6eF thaR 300 feet in all direGt'GA6 kem anetheF laFge family garage OF Garper-t. Parking may be 9R street if GORtigUOUS tO propeFty. These may 7 e be OR file with the Gity at all time& R. L sen6'Rg. Allowed within a single-family or multi-family residence located in a residential zoning district with no city land use permits or clearances required per State law. All appropriate licensing from the California Department of Social Services shall be obtained prior to commencing operation of any large family day care home in the city. i1 Item 3A-178 PLANNING COMMISSION RESOLUTION NO.2828 the Health aAd Cafet..Qn-de the proposed laFge family day n e heme m 4 n my puF6 17nt to CenKnn 1 G07 AR/ of+he Health anal Cnfety cgdg to n mete the fr and life safety Of GhildFeR iR IaFge family day GaFe hemes. (See Title 22 of the GalefGFR'a Code of RegulatiQRS-) Safety Code, smoking of tebaeeo and ether sabMa Ges whether epeFati9R as a IaFge family day GaFe home with Fe6peGt te the-1.6e areas ef the herne. cohere nhildren aFe pFesen+ G. Recreational Use, Commercial. Commercial recreation uses are limited to the PR zone only with the issuance of a conditional use permit when not directly related to a permitted residential development. H. Recreation Facility, Incidental. Limited commercial uses are authorized as part of this use classification which are commonly associated with and directly related to the primary use. I. Commercial Parking Lot. Parking lots that service commercial establishments are permitted within 300 feet of the related commercial establishment. J. Hotel and Resort Hotel. In the R-3 zoning district, these uses are permitted up to a maximum of 40 units per gross acre with the issuance of a conditional use permit. In the PR zoning district,the maximum density shall be approved by the Commission or Council. K. Government Office Building. Small neighborhood government office buildings are permitted up to 5,000 square feet in size. L. Office Parking Lot. Parking lots that serve office developments are permitted when located directly adjacent to the office professional zone and consistent with recommendations of the General Plan. M. Professional Office within Residential District. These uses are permitted with the issuance of a conditional use permit, provided property to be developed is abutting or across the street, or across an alley from commercially zoned property. Residential development standards are to be used to ensure compatibility. (Ord. 1374§ 1, 2022; Ord. 1324§4, 2017; Ord. 1279§2, 2015; Ord. 1259 § 1, 2013) 12 Item 3A-179 PLANNING COMMISSION RESOLUTION NO.2828 SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.050 is hereby amended as follows: 25.10.050 Development Standards The development standards on Table 25.10-3 (Residential Zoning District Development Standards) are applicable to the residential zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the city's minimum requirements and expectations for high-quality development. A. Hillside Planned Residential Development Standards. The following standards must be met prior to the approval of a hillside development plan as described in Section 25.78.020: 1. Density. Each lot shall be limited to a maximum of one unit per 5 acres.All lots will be entitled to at least one unit. 2. Grading. Location of building pads and access roads shall be evaluated, approved, or adjusted based on consistency with the following: a. Preserved natural contours of the land to avoid extensive cut and fill slopes to reduce the need for a staircase effect within developments. b. Architecture and landscape design which blends with the natural terrain to the greatest practical extent. C. Retention and protection of undisturbed viewsheds, natural landmarks, and features including vistas and the natural skyline as integral elements. d. Building Pad Area. The maximum area permanently disturbed by grading shall not exceed 10,000 square feet. e. Access Road or Driveway. Maximum permanent grading disturbance of natural terrain for development of access to the approved building pad shall be 3,000 square feet. Roads shall be located and designed to blend with the natural terrain to the greatest practical extent consistent with the grading provisions listed in this subsection (A)(2). f. Renaturalization.All cuts,fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored, and landscaped to blend with the adjacent undisturbed natural terrain to the satisfaction of the city council. 13 Item 3A-180 PLANNING COMMISSION RESOLUTION NO.2828 g. Maximum Dwelling Unit Size. Total dwelling unit, garage and accessory building size on any one lot shall not exceed 4,000 square feet. 3. Exception. The standards of subsections (A)(1)through (A)(3)of this section shall be required unless modified by one of the following: a. Precise Plan. The commission and council may approve a precise plan of design through public hearing process that modifies the standards in subsection (A)(1)through (A)(3). Said precise plan shall take into consideration any and all circumstances, including, but not limited to, viewshed, topography, color, texture, and profile of any structure that the commission or council may determine to be in conformity with the purposes set forth in this section. b. Previously Approved Existing Building Pads. If a property owner can demonstrate that a previous building pad was approved by the city or county before incorporation, a home and accessory structure(s) may be built on a previously approved building pad without a public hearing. The building size shall be limited to 35 percent of the lot,which may be increased up to 50 percent with ARC approval. Enlarging a previously approved existing building pad shall require a new public hearing subject to the provisions of this chapter. 4. Previously approved existing building pads shall be subject to the standard coverage limitations of 35 percent,which may be increased up to 50 percent with ARC approval.Any change to an existing approved building pad shall require a new public hearing subject to the provisions of this chapter. 5. Development on or across ridges is prohibited. 6. Building pads and architecture shall be designed to eliminate or minimize any visual impact on the city to the maximum extent feasible. 7. All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one or a combination of the following 3 methods of administering common open space: a. Dedication of common open space to the city,which is subject to formal acceptance. b. Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space. C. Retention of ownership, control, and maintenance of all common open space by the developer; all privately owned common open space shall continue as such and shall only be used in accordance with the development plan; appropriate land use restrictions shall be contained in all deeds to ensure 14 Item 3A-181 PLANNING COMMISSION RESOLUTION NO.2828 that the common open space is permanently preserved according to the development plan; said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. 8. Design Criteria. The following design criteria are established: a. The overall plan shall achieve an integrated land and building relationship. b. Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site. C. The layout of structures and other facilities shall affect a conservation in street and utility improvements. d. Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units. e. Architectural unity and harmony within the development and with the surrounding properties shall be attained. B. Planned Residential District Standards. 1. Purpose. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 2. Filing Procedure. To initiate the review process, the applicant shall file applications for a change of zone(if needed)to a PR district along with a precise plan,tentative tract/parcel map and supporting environmental documentation. 3. Maximum Project Densities. The maximum project density shall be as expressed in dwelling units per gross acre of not more than the number following the zoning symbol PR. The council shall determine the densities to be allowed within each PR district at the time the involved properties are rezoned and as designated on the zoning map within the following range: one to 40 dwelling units is Item 3A-182 PLANNING COMMISSION RESOLUTION NO.2828 maximum per average gross acre. The density designation shall mean dwelling units per average gross acre. For example, PR-7 means a planned residential development with 7 units per gross acre. 4. Maximum Density for"Affordable Projects." For projects containing at least 20 percent units affordable to low-income households as defined by the Riverside County Housing Authority, a maximum density of 55 dwelling units per acre may be allowed by precise plan. To be eligible for this program,the developer must enter into a development agreement which will tie the zoning designation and the precise plan approval to affordable housing performance standards. 5. Development Standards Applicable. All areas within the project site shall be subject to the following: a. The standards for development of PR districts set forth in this chapter and any supplemental standards for the planned community designated in the precise plan. b. Off street parking and loading requirements.All parking and loading shall comply with the provisions of Chapter 25.46. C. Utilities. For provisions regarding utilities, see Section 25.40.120. d. Signs. All signs shall be in compliance with Chapter 25.56. e. Outside Storage. No outside storage shall exceed the height of actual perimeter screening. f. Screening. All screening requirements for developments within the PR district shall be determined by the ARC during review of the precise plan. g. Discarded Material Handling. Discarded material holds the same definition and regulations as provided in Chapter 8.16. Enclosures for handling discarded materials shall be provided for all developments within the PR district with the exception of single-family detached dwelling units. An enclosure for discarded materials will be provided and follow the regulations as established in Chapter 8.12. The freestanding discarded materials enclosure shall be constructed of masonry block. No discarded materials shall be allowed to extend above or beyond the enclosure. h. Site Plan Review. Review of a site plan by planning department staff shall be required before a building permit is issued for any development in the PR district. 6. Special Standards. In addition to requiring all development plans to comply with the following special standards the council and/or commission may impose 16 Item 3A-183 PLANNING COMMISSION RESOLUTION NO.2828 such other conditions to the development plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. a. Minimum Project Area. Projects of less than 7 dwelling units per acre shall have a minimum area of 5 acres. Projects of 7 to 18 dwelling units per acre shall have a minimum area of 10 acres. Projects with 18+dwelling units per acre shall have a minimum area greater than 10 acres. b. Minimum Project Width. Projects of less than 7 dwelling units per acre shall have a minimum width of two hundred feet. Projects of 7 to 18 dwelling units per acre shall have a minimum width of 250 feet. Projects with 18+ dwelling units per acre shall have a minimum width greater than 300 feet. C. Minimum Project Perimeter Setback. The minimum perimeter setback shall be 20 feet from all property lines adjacent to existing or proposed public streets. d. Minimum Project Building Coverage. Projects of less than 7 dwelling units per acre shall have a maximum building coverage of 40 percent. Projects of 7 to 18 dwelling units per acre shall have a maximum building coverage of 50 percent. Projects with 18+dwelling units per acre shall have a maximum building coverage of 80 percent. e. Minimum Lot Area. For single-family detached,the minimum lot area shall be as approved by the development plan. For single-family attached, the minimum lot area shall be 2,500 square feet. For a two-story dwelling,the minimum lot area shall be 3,000 square feet. For multiple-family buildings,the minimum lot area shall be as approved on the tract map. f. Minimum Yards—Development Standards. For single-family attached, two-story family dwellings and multiple-family buildings, the minimum front, side, and rear yards shall be as approved on the tract map. 7. Minimum Separation Between Sides of Buildings. For single-story, single- family detached buildings there shall be a minimum of 7 feet between sides. For two-story, single-family detached buildings there shall be a minimum of 10 feet between two-story elements. 8. Minimum Common Open Space. a. Projects of less than 7 dwelling units per acre shall have a minimum common open space of 30 percent of the net area. b. Projects of 7 to 18 dwelling units per acre shall have a minimum common open space of 20 percent of the net area. 17 Item 3A-184 PLANNING COMMISSION RESOLUTION NO.2828 C. At least 50 percent of all required common open space shall be approximately level, defined as not more than 13.5 percent grade. d. The common open space shall be land within the total development site used for recreational, including buildings used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or dedicated to the city for public parks. e. Common open space shall not include public or private streets, driveways, private yards, or patios and parking areas. 9. Building Height. The maximum building height in a PR district shall be 40 feet or three-story, whichever is less, or as approved by the Planning Commission. 10. Maximum Dwelling Units per Building.The maximum number of dwelling units per building shall be as approved by the Planning Commission. 11. Required Width of Private Roads. With no parking,the private roads shall be 20 feet wide. With parking on one side, 32 feet wide.With parking on two sides, 40 feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the Director. Standards of design and construction of roadways, both public and private,within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off street parking facilities. 12. RV Park Standards.The following standards apply to recreational vehicle parks: a. Minimum project size of 5 acres; b. Maximum density of 12 spaces per acre; C. Minimum space area of 1,500 square feet, minimum dimension 30 feet by 50 feet; d. Minimum 40 percent common open space/recreation area; e. Front project setback adjacent to public street of 25 feet with combination of 6-foot masonry wall and landscaping to screen all recreation vehicles; f. Interior property lines to be bounded by 6-foot masonry wall and at least 10 feet of landscaping; g. Projects may be single-use or developed as part of a larger resort or residential development; 18 Item 3A-185 PLANNING COMMISSION RESOLUTION NO.2828 h. RV parks shall be taxed as a transient occupancy use; i. Permitted Accessory Uses. Private recreational facilities and limited commercial directly associated with primary use as approved by commission. 13. Building Setbacks from the Planned street Line. The minimum setback in all residential developments within the PR district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section: Table 25.10-2:Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Collector 25 feet Local 25 feet 14. Two-story, single-family detached building setbacks from project perimeter: a. The minimum setback shall be one hundred feet or one lot depth, whichever is more. b. The commission may waive interior setback requirements when adjacent developments are planned simultaneously. 15. Development standards within the PR districts may be modified through the precise plan process as specified in Section 25.72.030. 16. Approval Criteria. The commission and/or council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the commission/council may impose and enforce such specific conditions as to site development, phasing and building construction, and maintenance and operation as it deems necessary to carry out the purposes of this title and the General Plan.All development within the PR district shall comply with the development plan as approved and adopted by the commission/council. Table 25.10-3: Residential Zoning District Development Standards RE R-13 _ z1 ac z15,00 z10,00 <10, 00 R-2 R-3 R, HPR4 P.R. MeasuremenVZonin 0 sf 0 sf, 0 sf 1M g District but 19 Item 3A-186 PLANNING COMMISSION RESOLUTION NO.2828 50 sf 0 Residential Density Density(du/ac),min 1 -2 1 2-3 1 3-4 5-8 3-10 7- 1 7 1 1/5 ac 4- max 40 40 Lot Dimensions Lot size,min 40,00 15,000 10,000 8,000 3,500 3,00 20 — — 0 sf sf sf sf sf 0 sf ac/ 5,00 0 sf Lot size,max 1 ac No max 14,999 9,999 No No No — — sf sf max max max Lot width,min 1 150' 1 90' 1 90' 70' 1 50' 40' 1 500' 1 - - Lot depth,min 200' 125' 100' — Setbacks Front yard,min 30' 25' 20' 20' 12' 10' 20'/ — — 5' Side yard,min 15' 15, 8' 5'6 5' 8' 10'/ — — 5' Combined both sides, 30' 30' 20' 10'6 10, 10, — — — min Street side yard,min 30' 15' 10, 10, 10, 10' 20'/ — — Rear yard,min 50' 20' 20' 15' 15' 10' 10'/ — — 5' Residential See Section 25.40,050(Accessory Buildings and Structures) accessory structures Coverage Lot coverage,max 30% 35%2 35%2 35%2 60% 1 75% percentage of lot area Building Measurements Height,max 15' 15'(18' 15'(18' 15'( 18' 15' 40' 18' _ 40' 18' ARC)7 ARC)7 ARC) (30' ARC)7 ARC) 8 Number of stories,1 1 1 12 2 3 1 1 3 max Dwelling unit size, 1,500 1,250 1,000 1,000 600 450 — — — min sf sf sf sf sf sf Dwelling unit size,4,000 4,00 — 4,000 — max sf 0 sf sf Site area per dwelling —4,000 2,50 — — — unit,min sf 0 sf Building pad area,10,00 — max 0 sf Open Space Group usable open —300 — — — space per dwelling sf unit,min Notes 20 Item 3A-187 PLANNING COMMISSION RESOLUTION NO.2828 1. The dimension requirements included in this column apply to -manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a property. Properties only zoned R-1 without a square footage allocation shall comply with standards for< 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the City of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback(See Figure 25.10-1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). 8. Allowable building height is 30 feet with approval by the Architectural Review Commission for buildings exceeding 15 feet. Public notification to immediately adjacent properties 10 days prior to the ARC meeting. Figure 25. 10-1 Palm Desert Country Club Setbacks 21 Item 3A-188 PLANNING COMMISSION RESOLUTION NO.2828 r t City Boundary R-1 and R-2 Parcels within the Palm Desert Country Club Palm Desert Country Club Ord. 1383§ 1, 2022; Ord. 1374§ 1, 2022; Ord. 1334§ 12, 2018; Ord. 1324§4, 2017; Ord. 1292§ 1, 2015; Ord. 1279§§4, 5, 2015; Ord. 1259§ 1, 2013) SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.030 is hereby amended as follows: 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The"Special Use Provisions"column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: "P" symbolizes uses permitted by right, "A"symbolizes uses that require approval of an administrative use permit, "C"symbolizes uses that require approval of a 22 Item 3A-189 PLANNING COMMISSION RESOLUTION NO.2828 conditional use permit, and "N"symbolizes uses that are not permitted. Uses that are not listed are not permitted. However,the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/industrial District P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted Special PC- PC- PC-Use OP PC-1 1 2 3 4 SI Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.8 Dwelling,duplex C C C C C C 25.16.040.E Dwelling,multifamily C C C C C C 25.16.040.E Dwelling,single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.8 Single-room occupancies N N N N N C Homeless shelter N N N N N P Recreation Resource Preservation Open Space,and Public Ass mbly Uses Amusement facility,indoors N N C C C N Amusement facility,outdoors N N N C C N Community facility N N N N N P Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility,indoor N N N P P N Entertainment facility,outdoor N N N P P N Institution,educational C C C N N C Institution,general C N C N N C Institution,religious C N C N N C Open space(developed or N P P N P N natural Recreation facility,commercial N N P P P N Recreation facility,private N N N P P N Theater/auditorium N N P P N N Utility,Transportation,Public F cility,and Communication Uses Commercial communication C C C C C C 25.16.040.0 tower Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility(utilityor service N N N N N P Utility facility N N C N N P Formatted:Font:8 pt,Underline,Font color.RedRetail,Service,and Office Uses Formatted:Font:8 pt,Underline,Font color.Red Accessory massage UP l, $ P -ri 25. 34.16 ` establishment Formatted:Font:8 pt,Underline,Font color.Red Adult entertainment N N N N N C 25.16.040.1) Ancillary commercial A P P P N A 25.16.040.E Formatted:Font:8 pt,Underline,Font color.Red Art gallery A P P P P C Art studio A P P P p C Formatted:Font:8 pt,Underline,Font color.Red Bed and breakfast N A A A A N Formatted:Font:8 pt,Underline,Font color Red Business su 0 1 services N N N N P P Cannabis retail N C C C C N 2534 120 Formatted:Font:8 pt,Underline,Font color Red Formatted:Font:8 pt,Underline,Font color.Red 23 Item 3A-190 PLANNING COMMISSION RESOLUTION NO.2828 Commercial/Industrial District P=Permitted;A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted Special PC- PC- PC-Use OP PC-1 2 3 4 SI Provisions Cannabis testing and research C N N N N C 2534 120 laboratory Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health dub,gyms or studios N A P P P A Hotel N A A A P N 25,34,070 Independent stand-alone N N P P N N 25.34.160 massage Liquor store N P P P N N Liquor,beverage and food items N P P P P N shop Medical,clinic P N P P N N Medical,office P P P P N N Medical,hospital N N N N N C Medical,laboratory P N N N N P Medical office,accessory N N N N N P 25.16.040.G Medical,research facility P P N N N C Mortuary N N N N N P Office,professional P N P P P P Office,local government P N N N N P Office,travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A RAI A P A 25.16.040.E H Retail N P P N Retail,bulk items N P P N Spa N P P N Time-share project N C C N Veterinary clinics/animal A A N A hospitals Pet boardingN A N A Automobile and Vehicle Uses Automotive rental agency N N N N rN P Automotive gasoline station N N C C C 25.34 090 Automotive service facilityN N C C P 25.34 090 Automotive sales new and used N N N N C outdoor/indoor) outdoor)A ndoorAutomotivesalesofaccessoryNNNPN arts and supplies Vehicle storage facili N N N N N P 25.16.040.1 Industrial,Manufacturing,and Processing Uses Cannabis cultivation N N N N N C 25,34.120 Cannabis delivery N N N N N C 25,34.120 Cannabis distribution N N N N N C 25. 34.120 Cannabis manufacturing N N N N N C 25. 34.120 Industrial planned unit N N N N N P development Light industrial and research and N N N N N P development Maintenance facility N N N N N P Pest control facility N N N N N P 24 Item 3A-191 PLANNING COMMISSION RESOLUTION NO.2828 Commercial/Industrial District P=Permitted;A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted Special PC- PC- PC-Use OP PC-1 2 3 4 sl Provisions Preparation of foodstuffs N N N N N P Production of home and office N N N N N P decoraccessones Warehouse or storage f cility N iiiij N N N N P Temporary Uses See Section 25 34.080 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. Ord. 1384§ 1, 2022; Ord. 1329§3, 2017; Ord. 1324§ 5, 2017; Ord. 1302§2, 2016; Ord. 1279§6, 2015; Ord. 1277§4, 2014; Ord. 1259§ 1, 2013) SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.16.050 is hereby amended as follows: 25.16.050 Development Standards The development standards included in Table 25.16-52(Commercial and Industrial District Development Standards) are applicable to commercial and industrial districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) located in the zoning ordinance, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high-quality development. A. Special setback requirements. In addition to the setback requirements in Table 25.16-52(Commercial and Industrial District Development Standards)the following special setback provisions apply: 1. On interior lots in the PC zone districts, setbacks shall be the lesser of the setback requirement listed in Table 25.16-52(Commercial and Industrial District Development Standards). For exterior lots or projects perimeter adjacent to public streets the setback standards below shall apply. Said setbacks shall be measured from the property line and shall be based on the street type designated by the General Plan. 2. Building setbacks from planned street lines. 25 Item 3A-192 PLANNING COMMISSION RESOLUTION NO.2828 Table 25.16-2:Setbacks from Planned Street Lines Street Type Setback Distance Freeway 50 feet Major 32 feet Arterial 32 feet Secondary 32 feet Collector 25 feet Local 25 feet 3. Where commercial districts abut a residential district, a fence or wall 6 feet in height shall be located adjoining the property line except adjoining a required front yard. All commercial district property lines adjoining a residential district shall be landscaped with plant materials for an area 10 feet in depth. 4. All nonpaved areas shall be landscaped and treated or maintained to eliminate dust. B. Exceptions. Development standards within the PC districts may be modified through the precise plan process as specified in Section 25.72.030 C. Special standards within the Service Industrial (SI) Ddistrict: Formatted:Font Bold Formatted:Font. Bold Sound emanating from industrial properties shall be muffled so as not to become objectionable due to intermittence,beat frequency,or shrillness.The measurements of sound shall be measured Formatted:indentl at the lot lines and shall be measured to decibels with a sound level meter and associated octave band filter,manufactured according to standards prescribed by the American Standards Association.Maximum permissible sound pressure levels shall comply with the limits at Table 25.16-32 and the following standards: Table 25.16-3:Maximum Permitted Decibels Octave Band in Cycles- Adjacent Residential District Lot Line of Use in the SI Zone Second decibels Boundaries decibels decibels 0-75 72 79 76- 150 59 74 151-300 52 66 301-600 46 59 601-1200 1 42 1 53 1201-2400 39 47 2401-4800 34 41 Above 4800 32 39 26 Item 3A-193 PLANNING COMMISSION RESOLUTION NO.2828 1. The maximum sound pressure level in decibels shall be 0.002 dynes per square centimeter. 2. Toxic gases or matter shall not be emitted which can cause any damage to health, animals, or vegetation, or other forms of property, or which can cause any excessive soiling beyond the lot lines of the use. 3. Vibration from any machine, operation, or process which can cause a displacement of 0.003 of 1 inch as measured at the lot lines of the use shall be prohibited. Shock absorbers or similar mounting shall be allowed which will reduce vibration below 0.003 of 1 inch as measured at the lot lines. 4. Glare and heat from any source shall not be produced beyond the lot lines of the use. 5. Storage of refuse, trash, rubbish, or other waste material outside a permanent building shall be kept in enclosed containers in areas other than the front and side yards. 6. Lighting, including spotlights,floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking areas, loading and unloading areas, and the like shall be shielded, focused, directed, and arranged as to prevent glare or direct illumination on streets or adjoining property. 7. Unless specific additional uses are permitted by the certificate of occupancy, the use of radioactive materials within the SI district shall be limited to measuring, gauging and calibration devices, as tracer elements, in x-ray and like apparatus, and in connection with the processing and preservation of foods. In no event shall radioactivity,when measured at each lot line, be in excess of 2. 7 x 10 1, micro curies per milliliter of air at any moment of time. 8. Electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. DS. Special standards within the Office Professional (OP)district. 1. When adjacent to single-story residential,the rear and exterior side yard setbacks shall be increased by 6.43 feet for each foot of building height above 18 feet up to 25 feet tall. See table below: Table 25.16-4:Additional Setback in OP District 27 Item 3A-194 PLANNING COMMISSION RESOLUTION NO.2828 Height Setback Distance 19 feet 26.43 feet 20 feet 32.86 feet 21 feet 39.29 feet 22 feet 45.72 feet 23 feet 52.15 feet 24 feet 58.58 feet 25 feet 65 feet 2. Second-story windows: Second-story windows are allowed to face adjacent single-story residential zones with sufficient screening; either with landscaping or another method as approved through the precise plan process. Table 25.16-54:Commercial and Industrial District Development Standards Commercial/Industrial District OP PC-1' I PC-2' I PC-3' PC-4' SI Lot Dimensions Lot size,min 15,000 sf 3 ac 5 ac 30 ac 4 ac 20,000 sf Lot size,max None 10 ac 20 ac None None None Lot width,min 70' None None None No min 100' Lot depth,min 140'None None None No min 100, Setbacks2 Front yard,min 12'min,15' — 30' 20' av Side yard,min 0720'34,7 0720'3.4 0720'34 15' 01/10'5 interior/exterior Street side yard, 12'min, 15' — 10, min av Rear yard,min 1 0720134 1 0720'14 1 0'/20'3,a 1 — 20' 0725'5 Coverage Floor area ratio 0.75 0.5 1.0 1 1.0 0.10 0.75 Residential density range 10.0 10.0—15.0 10.0—15.0 10.0—15.0 10.0 mixed-use Building Measurements Height,max 40',3 35',2 35',2 35',2 55',4 40',3 sin le-use stories stories stories stories stories stories Height,max 40 40 40 40 55 mixed-use No.of stories 3 3 3 3 4 mixed-use Building size, 10,000 sf 30,000 sf max' Landscaping Required 15% 15% 15% 20%20%9 landscaping,min 28 Item 3A-195 PLANNING COMMISSION RESOLUTION NO.2828 percentage of lot area Depth of landscaping in 10, 10, 20' 30' 10, street setback area,min Notes: 1. Development standards may be modified through the precise plan process as specified in Section 25.72.030. 2. See Section 25.16.050.A (Special setback requirements). 3. When an OP, PC-1 or PC-2 zone is adjacent to a commercially or industrially zoned property,the setback is 0. 4. When an PC-1, or PC-2 zone is adjacent to a residentially zoned property, the minimum required setback for a commercial structure or a joint use commercial and residential structure is equal to the building's height. 5. When an SI zone is adjacent to or across the street from residentially zoned property,the minimum side setback is 10 feet and the minimum rear setback is 25 feet. 6. The side yard setback may be 0 feet where the main building structure on the same lot line of the abutting parcel is set back at 0 feet and both parcels are developed at the same time. 7. When adjacent to single-story residential, see Section 25.16.050.D€(Add tieraal setbaGk4pSpecial standards within the Office Professional (OPI district). 8. This standard refers to the maximum area for any single commercial enterprise. 9. For hotels, a minimum of 25 percent of the site area must be usable landscaped open space and outdoor living and recreation area with an adequate irrigation system. Ord. 1329§ 3, 2017; Ord. 1324§5, 2017; Ord. 1306§ 2, 2016; Ord. 1259§ 1, 2013) SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is hereby amended as follows: 25.18.040 Land Use and Permit Requirements 29 Item 3A-196 PLANNING COMMISSION RESOLUTION NO.2828 Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P= use permitted by right A= use requires administrative use permit C= use requires approval of conditional use permit N = use not permitted Zone Land Use D D_ DE DE- Special Use Provisions O O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C C' C C 25.16.040.13 Dwelling,duplex C' C' C P 25.16.040.13 Dwelling,multifamily C' C' C P 25.16.040.8 Dwelling,single-family C' C' C N 25.16.040.E Group home C' C' C N 25.16.040.E Junior accessory dwelling unit P P P P 25. 34. 030 Home-based business P4N P4N P4N P°25.34.020 Agriculture-Related Uses Garden,private C' C' N P Greenhouse,private N N C P Horticulture,private N N tC P Recreation,Resources Preservation,Open Space,and Public Assembly Uses Club,private N N N C Day care center C' C' N IN Day care,large family N N N AP 25. 10.040.E Day care,small family N N N P Institution,educational N N C C Institution,general N N C C Institution,religious N N C C Mechanical or electronic games,<_4 P' P' P N Mechanical or electronic games,>_5 Cz Cz C N 30 Item 3A-197 PLANNING COMMISSION RESOLUTION NO.2828 Zone Land Use D O_ DE DE_ Special Use Provisions O O Recreational facility,incidental N N N C 25.10.040.H Recreation facility,private N N N P Recreation facility,public N N N C Retail,Service,and Office Uses Accessory massage establishments P P P N 25.34,160 Ancillary commercial N N A N 25.16.040.E Art gallery P P P A Art studio P P' A A Book and card shops P P N N Bed and breakfast N N C C Cannabis retail C N C N 25.34.120 Cannabis testing and research laboratory C N N N 25. 34.120 Clothing and apparel shops P P P N Convention and visitors bureau P' P' C N Drugstore P' P' N N Financial institution P' P' C N Furniture stores and home furnishings P P P N Gift and accessories boutiques(ialsudgngincluding small P P P N antiques) Grocery store<35,000 SF C' C' N N Health club,gyms or studios C2 Cz C 2 N Hotel C C C C Independent stand-alone massage establishments P' P' C N 25.34. 160 Jewelry shops P P P N Liquor store P' P' N N Liquor,beverage and food items shop P' P' N N Luggage shops P P P N Medical,clinic P' P' P N Medical,office P' P' P N Medical,hospital P' P' C C Medical,laboratory N N P N Mortuary C' C' N N Office,professional P 3' P 13 P C 25.28.040.C2540..0404.4 Office,local government P' P' P N Office,neighborhood government N N N C Office,travel agency P 3' P 3' P N 25.10.040.K Outdoor sales A' A' A N Personal services P P P N Restaurant C 2 C 2 C' N 25.16.040.H Retail P P P N Retail,bulky items P' P' C N Spa P P P C Sundries shops(general merchandise) P P P N 31 Item 3A-198 PLANNING COMMISSION RESOLUTION NO.2828 Zone Land Use D D. DE DE_ Special Use Provisions O O Time-share project I C C' I N I N Utility,Transportation,Public Facility,and Communication Uses Fire station C C C C C C C Commercial communication tower Commercial parking lot P P C C 25.10.040.1 Office parking lot N N N C 25.10.040.E Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency P P C N Automotive service station C C N N Temporary Uses See Section 25.34.080 1 Est.Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District. 4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed-use developments. Ord. 1358§2, 2020;Ord. 1350A§2, 2019; Ord. 1329§4, 2017; Ord. 1313,2016) SECTION 10. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28. 060 is hereby amended as follows: 25.28.060 Planned Community Overlay District A. Purpose and applicability. The Planned Community Overlay district allows for the Council to establish larger areas for coordinated land use, and master planning purposes that may include multiple properties. Approval of a Specific Plan Develepmertt RlaR as outlined in Section 25.782-.0840 is required for approval of a development in the Planned Community Overlay district. 32 Item 3A-199 PLANNING COMMISSION RESOLUTION NO.2828 B. Requirements. 1. Site area. A minimum of 100 acres shall be required for a planned community development. 2. Master plan required. Any application for a planned community overlay zone shall be accompanied by a master plan for the entire area covered by the application. 3. Ownership.All land in a proposed overlay zone shall be held in one ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utilities systems(water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the planned community overlay zone if determined necessary by the Director. C. Application.An application for an overlay zone shall be submitted by the owner, his or he an authorized agent, or the purchaser of the land with the consent of the owner. The application shall be prepared by a qualified team of professionals and accompanied by the required application form, master plan, submittal materials, and other information as required by the Director. D. Procedure. 1. Upon receipt of a complete application for an overlay zone, the Department shall review the application materials and prepare a recommendation to the Commission. 2. The Commission shall hold a public hearing on such application. If it finds the criteria set forth in this chapter have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety, or welfare. 3. Planned community development applications shall be forwarded along with the community master plan to the Council. The Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the Council shall be final. E. Termination of overlay zone. 1. The overlay zone and any master plan or other material approved as a part thereof shall become null and void if the physical development of the district is not 33 Item 3A-200 PLANNING COMMISSION RESOLUTION NO.2828 commenced within two years from date of adoption of the resolution establishing the zone. 2. An extension of time, not to exceed one year, may be granted by the Commission when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not commenced and such overlay zone has not been utilized. 3. Partial physical development within the overlay and/or master plan is considered sufficient to maintain the overlay zone designation, and action by the Council in the form of a zoning amendment is required to alter the boundaries, master plan, or development standards. (Ord. 1324§ 7, 2017; Ord. 1303 §4, 2016; Ord. 1259§ 1, 2013) SECTION 11. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.28.120 is hereby amended as follows: 25.28.120 Bermuda Dunes Airport Area A. Purpose.The purpose of the Bermuda Dunes Airport Area (BDA) district is to adhere to the Bermuda Dunes Airport compatibility regulations within the Airport Influence Boundary. The overlay district shall be applied to those areas that are known to be within the BDA overlay zone, identified in the Riverside County Airport Land Use Compatibility Plan Policy Document and Figure 25.289-1. B. Permitted uses.All uses permitted in the underlying district are permitted subject to the Riverside County Airport Land Use Compatibility Plan Policy Document. Figure 25.28-1 Bermuda Dunes Airport Compatibility Plan 34 Item 3A-201 PLANNING COMMISSION RESOLUTION NO.2828 i uwr E E r.raw C w..rre r. li' 'ww.u.w arrryw. w...rrra. r Ord. 1324§ 7, 2017; Ord. 1259§ 1, 2013) SECTION 12. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25,34.020 is hereby amended as follows: 25.34.020 Home Occupations A. Purpose.The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Applicability. Home occupations are permitted in all residential zoning districts, subject to compliance with the standards of this section and other relevant requirements of this title. C. Permit requirements and procedures. Establishment and operation of a home- based business shall require approval of a home-based business permit processed by the Director in accordance with this section. Information shall be provided to ensure that the proposed home-based business complies with the requirements of this chapter. Additional information necessary to make the findings required for approval may be required by the City. Permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. 35 Item 3A-202 PLANNING COMMISSION RESOLUTION NO.2828 D. Participants. The permittee shall be the operator of the home-based business and shall be a resident of the dwelling in which the home-based business is located. Only residents of the subject residential dwelling may operate, engage in, or conduct the home-based business, except that not more than one outside person who is not a resident of the subject dwelling may also participate in the operation or conduct of the subject home-based business. For purposes of determining participation, general domestic help will not be considered an employee. E. Permitted uses.The intent is to permit a wide range of home-based businesses which do not negatively impact the residential area.As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home-based businesses may be conducted at the site: 1. Professional Office Occupation. Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. Instructional Services Occupation. Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including but not limited to academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. Maximum number of students at any one time shall be limited to six. 3. Home Craft Occupations. Home craft occupation is an occupation that results in a tangible product, including but not limited to dress making, furniture making,toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. 4. Cottage Food Operations.A cottage food operation,as defined in California Health and Safety Code Section 113758, shall be a permitted home- based business provided it complies with all applicable provisions of this subsection and under the California Health and Safety Code, as it may be amended. 36 Item 3A-203 PLANNING COMMISSION RESOLUTION NO.2828 i. The permit applicant shall be the individual who conducts the cottage food operation from hiso;he their private residential dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site. ii. The cottage food operation shall be registered or permitted as a"Class A" or"Class B" operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii. Any applicant for a permit under this chapter shall provide to the City, as part of the home-based business application: (1)a copy of the operation's registration or permit to operate as a"Class A"or"Class B"operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self-certification checklist submitted to and approved by the County. iv. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this chapter, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. V. A permit issued under this subsection may be revoked for any violation of this chapter or of Section 114365 et seq. of the California Health and Safety Code. vi. The City may,for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this chapter and/or California Health and Safety Code Section 114365 et seq. vii. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 5. Residential Estate (RE) Exceptions. i. Home-based businesses or associated storage may be conducted in a dwelling or accessory structure not to exceed 640 square feet. ii. It is unlawful to park or store any commercial vehicle on the property with the exception of one pickup truck or van of 10,000 pounds 1 5 tQ F; or less. iii. One employee may park la+sltaertheir vehicle on the subject property for the purpose of driving a commercial vehicle to a remote job site. 37 Item 3A-204 PLANNING COMMISSION RESOLUTION NO.2828 F. Prohibited uses.The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home-based businesses and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home-based businesses: 1. Auto repair and auto body repair. 2. Barber and beauty shops. 3. Bicycle repair. 4. Carpentry work. 5. On-site retail,wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site. 6. Laundering service. 7. Medical and dental offices. 8. Painting of vehicles, trailers, or boats. 9. Photo studios. 10. Private schools with organized classes. 11. Upholstering. 12. Storage of equipment, materials, and other accessories to the construction and service trades. 13. Welding and machining. G. Performance standards. The following performance standards apply to all home occupations. 1. The establishment and conduct of a home-based business shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. A home-based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25 percent of the combined floor area of the house and garage. 38 Item 3A-205 PLANNING COMMISSION RESOLUTION NO.2828 3. The home-based business shall not encroach into any required parking, setback, or open space areas. 4. There shall be no signs, displays, outdoor storage, parked vehicles, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 5. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. 6. There shall be no signs other than the address and name of the resident. 7. The home-based business shall not involve the use of commercial vehicles exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more, except for delivery of materials to or from the premises. 8. The home-based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. 9. If the home-based business is to be conducted on rental property (single- family dwelling), the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a home-based business permit. 10. No tool or instrument used in connection with a home-based business shall possess a power rating of greater than three horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home-based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law. (Ord. 1279§ 7, 2015; Ord. 1259§ 1, 2013) SECTION 13. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.030 is hereby amended as follows: 25.40.030 Projections into Required Setbacks A. Architectural projections including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project into required yard areas as identified in Table 25.40-1 (Projections). Table 25.40-1: Projectionsb Maximum Projection into Minimum Setback from Re uired Setbacks Property Lines All projections unless otherwise s ecified 39 Item 3A-206 PLANNING COMMISSION RESOLUTION NO.2828 Front,rear,or street side yard 6'-0" T-0" Internal side yard 2'-0" T-0" Oriel or bay window' Front,rear,or street side yard T-0" T-0" Internal side yard 2'-0" T-0" Porches and ste sz Front,rear,or street side yard 6'-0" T-0" Internal side yard 2'-0" T-0" Balconies over 6'-0"above round Front or rear yard 6'-0" 5'- 0" Internal side yard 5'-0" 5'- 0" Street side yard 5'-0" T-0" Open stairways' allyards)4'-0" 3'- 0" Covered patiOS4 Rear yard 8'-01, T-0" Side yard within 35 feet of rear lot line 5'-01, 5'-0" Maximum coverage of rear yard 50% Underground structures No limit 5'- 0" Notes: 1. Limited to a maximum width of 10'-0"or 50%of fagade length,whichever is greater. 2. No roof. The railing height from ground level (measured at property line)to the top of the railing cannot exceed 6-0". 3. Open, unenclosed fire escapes and fireproof outside stairways. 4. Attached to a main structure only. If detached,the patio cover is considered an accessory structure. 5. Maximum height of any underground structure from grade(at property line) is 2'-0". 6. All portions of Accessory Dwelling Units (ADUs)and Junior Accessory Dwelling Units shall comply with the minimum required setbacks established under Section 25. 34.030. Figure 25.40-5: Projections into Required Setbacks 40 Item 3A-207 PLANNING COMMISSION RESOLUTION NO.2828 All projections(unless otherwise specified) Orlel or bay window 43*=nu x CYrzxSetbackPro^— Projection Setback Setback Required: BulklaMe Required Buildable Buildable Yard Area Area Yard Area Afts Rqw,,, Required AreaArea Yard Area Yard Area Front,rear,mside yard Internal side yard Front rear,mside yard Internal side yam Porches and steps Covered patios Yr"ux Yrnin' 8rnax 5'rnin 5'rnax Setback WWT36.Setback rnax YardArea: Area Required Am,Yard Area Arm Yard Area Area Yard Area Front,rear,vv side yard Internal side yard Rear yard Side yard(within 3*'v, rear lot line) Balconies Open stairways Project Project. roiect. Proiect. Vinin Se,backl Setback Yrnint Setback Required &AM. Required &M RequiredYardAreakaYardAreaArea Area Yard Area Yard Area Front v,rear yard Interior side yard Street side yam All yards B Projections over public property in commercial zones. Building projections into public rights-of-way in commercial zones uho||be regulated by the currently adopted Uniform Building Code. (Ord. 1259§ 1. 2O13) SECTION 14` Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.4OO7Oie hereby amended aefollows: 41 Item 3A-208 PLANNING COMMISSION RESOLUTION NO.2828 25.40.070 Private Tennis Courts and Sports Courts Private tennis courts/sports courts are subject to review and approval by the ARC and shall be constructed consistent with the following: 1. A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line. 2. No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with Section 25. 72.050 is approved by the Commission. 3. Private tennis courts/ sports courts shall not be used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners. 4. All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line,and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping. 5. A landscape and irrigation plan shall be provided for review and approval by the ARC. 6. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements. 7. If the tennis/sports court is depressed at least 4 feet below the existing grade or the fence is no more than 6 feet above the adjacent grade then the court may be located to within 5 feet of the side and rear property lines. 8. Design and orientation of new or converted sports courts nay-shall be subject to ARC review to efnsure minimalt444 impacts on adjacent properties. Applications for new or modified sport courts shall submit documentation demonstrating the proposed sport court will not cause adverse noise impacts to residential uses on adjacent properties. Figure 25.40-10: Private Tennis Courts and Sports Courts 42 Item 3A-209 PLANNING COMMISSION RESOLUTION NO.2828 Fencing shall be Side and Rear Setback Requirements screened from Lighted courts t public view and require a fully r. adjacent property engineered with a combination lighting plan, o r of walls,berms,and Sec Chapter r L ilandscaping. 2416. f'%..: 10'miur. Front A L. 4-, / Standard Requirement-la min.setback with 10'max. fence height t _ s,min 3 atin 4 Reduced Requirement A-S`min.setback with 4'min. depression below existing grade 4 S J t 9 c n t j\' 4 Rear P L. 10`min.The setback maybe reduced to 5'if certain requirements are met. Reduced Requirement 8-S'min.setback with 6'max. For more information,see the Side and fence height Rear Setback Requirements sections. Ord. 1259§ 1, 2013) SECTION 15. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.40.090 is hereby amended as follows: 25.40.090 Screening A. Purpose.This section provides screening and landscaping requirements to block objectionable views and enhance the aesthetic appeal of Palm Desert streetscapes. 43 Item 3A-210 PLANNING COMMISSION RESOLUTION NO.2828 Screening of parking lot facilities are contained in Section 25.52.050 (Parking Lot Landscaping Standards). B. Screening materials and characteristics. 1. Except as otherwise required by the provisions of this title, screening shall consist of a solid wall or fence,vine-covered fence, or compact evergreen hedge. 2. Hedge material used as screening shall not be less than 3 feet in height when planted and shall not be permitted to exceed the specified height by more than 1.5 feet. 3. Where trees are used,they shall have a mature height of not less than 20 feet and space no more than 20 feet apart from tree trunk to tree trunk. 4. All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant material shall be watered,weeded, pruned, and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided. C. Rooftop equipment. 1. All roof-mounted equipment in the single-family residential district including, but not limited to, heating, exhaust fans, cooling, solar, and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof-mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: (1) unreasonably delay or prevent installation, maintenance or use; or(2) unreasonably increase the cost of installation, maintenance or use; or(3) preclude reception of an acceptable quality signal. 2. All rooftop equipment in commercial and industrial zones, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. D. Satellite receiving dish. 1. A satellite receiving dish of 5 feet or more in diameter must conform to the following standards depending on location: i. Planned Residential Developments. Appropriate association approval is required. The receiver is not to be visible from adjacent properties or a public street. 44 Item 3A-211 PLANNING COMMISSION RESOLUTION NO.2828 ii. Other Residential Areas. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within 5 feet of a property line. Height from existing or finish adjacent grade, whichever is less, shall not exceed 14 feet if within 20 feet of a property line or 18 feet otherwise. iii. Commercial and Industrial Areas.ARC approval for design and screening is required if receiver is visible from a public street or adjacent property. The characteristics of the receiver to be evaluated are the location, type (solid or mesh), color and screening. E. Mechanical. 1. All mechanical equipment in general commercial and industrial districts, including heating and air conditioning units, shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. F. Service Industrial district. 1. In an Service Industrial Ddistrict the required front yard and required side yard on the street side of a corner lot, except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation. 2. A masonry wall at a minimum height between 5 and 7 feet shall be provided along all property lines except those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 3. A dense hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall,within 18 months after property development, provide the intended screening effect. 4. Perimeter screening will not be required if deemed unnecessary by the ARC, based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. G. Planned residential district. 45 Item 3A-212 PLANNING COMMISSION RESOLUTION NO.2828 1. All screening requirements for developments within the planned residential PR) shall be determined by the ARC during its site plan review proceedings. H. Planned commercial district perimeter. 1. A masonry wall at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way, in which case a setback of 20 feet will be maintained. 2. An opaque hedge row at a minimum height of 7 feet shall be provided along all property lines except for those adjacent to public rights-of-way; in which case a setback of 20 feet will be maintained (common perimeter screening between adjoining properties is allowable upon mutual consent of the respective owners). Planting materials used for perimeter screening shall be the type which shall,within 18 months after property development, provide the intended screening effect. 3. Perimeter screening will not be required if deemed unnecessary by the ARC based upon its approval of submitted development and landscaping plans which establish to its satisfaction that attractive development will occur in keeping with the intended residential/resort/recreational nature of the community. I. Outside storage. No outside storage shall exceed the height of actual perimeter screening. (Ord. 1259§ 1, 2013) SECTION 16. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.46.040 is hereby amended as follows: 25.46.040 Parking Requirements A. Parking schedule. Table 25.46-1 (Parking Schedule) identifies minimum vehicle parking space requirements for specific uses. Where there is more than one parking ratio listed in the table, the greater of the two applies.Where the parking ratio is listed based upon square feet, it shall mean the gross square feet of the building. Unless otherwise noted,this includes public and private areas. Table 25.46-1: Parking Schedule Use JMinimurn Stalls Required Residential Uses Children's homes 1 —per 4 beds' Cluster housing Studio and one bedroom 2 per unit Two and more bedrooms 12 per unit Condominium 46 Item 3A-213 PLANNING COMMISSION RESOLUTION NO.2828 Use Minimum Stalls Required Studio and one bedroom 2 per unit Two and more bedrooms 2.5 per unit Dwelling, mobile home 2 per unit Dwelling, multifamily Studio and one bedroom 2 per unit Two and more bedrooms 2 per unit Dwelling, single-family 2 per unit Residential care facility 1 per 4 bedsi Residential care home 1 per 4 bedsi Agricultural and Animal-Related Uses Stables, boarding 1 per 5 stables, Veterinary facility 3 per 1,000 s .ft. Recreation,Resource Preservation,Open Space, Education,and Public Assembly Uses Assembly uses 1 per 3 seats or 1 per 18 inches of bench area Billiard halls 2 per billiard table Bowling alleys 2 per alley Golf-related uses Driving ranges 1 pertee, Golf courses 4 per hole, Pitch and putt 3 per hole, Libraries 2 per 1,000 s . ft. Preschools, nursery schools, and day 2 per 3 employees+ 1 per 8 children nurseries Private clubs, union halls, lodge halls 10 per 1,000 s . ft. Religious institutions 1 per 3 seats= Schools, private 1 per employee plus 1 per 3 students at maximum classroom capacity Skating rinks, ice and roller 10 per 1,000 s . ft.3 Sports arenas and stadiums 1 per 3 seats or 1 per 18 inches of bench area Swimming pools, commercial 2 perl,000 s . ft. of pool area3 Tennis facilities, commercial 3 per court or 1 per 18 inches of bench area Theater/auditorium 1 per 3 seats or 1 per 18 inches of bench area Utility,Transportation, Public Facility,and Communication Uses 2 or 1 per employee (in the largest shift) + Public utility facilities 1 per vehicle used in conjunction with the use Retail,Service,and Office Uses JAppliance stores 12 per 1,000 s . ft. 47 Item 3A-214 PLANNING COMMISSION RESOLUTION NO.2828 Use Minimum Stalls Required Banks 3 per 1,000 sq:ft. Drugstores 3 per 1,000 sq. ft. Financial institutions and savings and loan 2 per 1,000 sq. ft.offices Furniture stores 2 per 1,000 sq. ft. Plant nursery with outdoor sales and 2.5 per 1,000 sq.ft. of gross building area display, excluding greenhouse area Grocery stores 3 per 1,000 sq. ft. Gym, commercial 8 per 1,000 sq. ft.° Gym, personal studio 4 per 1,000 sq. ft. Health, figure, and exercise salons and 5 per 1,000 sq.ft.^ spas Hotels 1 per guest unit3 2 per 1,000 sq.ft.of floor area + 1 per Lumber yards 1,000 sq. ft. of open area for sales and display Medical, clinics 5 per 1,000 sq. ft. Medical, hospitals 1.75 per bed 5 +250 sq.ft. of usable and accessible Mortuaries paved parking area for every 25 sq.ft. of assembly room floor area Motels 1. 1 per guest unit-, Offices 4 per 1,000 sq. ft. Personal services 4 per 1,000 sq. ft. Resort hotels 1. 1 per guest unite Restaurants 8 per 1,000 sq. ft. Retail uses, general 3 per 1,000 sq. ft. Shopping centers, community and regional 4 per 1,000 sq:ft. Shopping centers, specialty and district 3 per 1,000 sq.ft.7 Automobile and Vehicle Uses Auto rental agencies 3 per 1,000 sq. ft. of gross rentals Auto repair/service stations 1 per 1,000 sq. ft. Auto as/convenience 3 per 1,000 sq. ft. Auto washing, full service 3.5 per 1,000 sq.ft. Auto washing, self service 1 per vacuum station or wash stall Auto and vehicle sales 2 per 1,000 sq. ft. Industrial,Manufacturing,and Processing Uses Industrial uses, general, 2 per 1,000 sq.ft.6 Storage, personal storage facility 6 +2 per caretaker unit, Support facilities for construction, Provide as needed renovation, and equipment installations 48 Item 3A-215 PLANNING COMMISSION RESOLUTION NO.2828 Use Minimum Stalls Required 2 per 3 employees and not less than 1 per 1,000 sq. ft.for the first 20,000 sq. ft.; 1 per Warehouses and storage facilities 2,000 sq. ft.for the second 20,000 sq. ft.; 1 per 4,000 sq.ft.for area in excess of initial 40,000 sq. ft. lWholesaling and distribution 1 per 3,000 sq.ft. Notes: 1. The number of beds used in the calculation shall match the resident capacity of the home as listed on the required license or permit. 2. Parking areas for boarding stables should be treated to prevent dust and designed to provide for the needs of customers and employees. 3. As is needed, additional parking should be provided for other uses on the site. 4. Swimming pool area shall be counted as part of a facility's floor area. 5. Except structures used exclusively for warehousing purposes. 6. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 7. Additional parking may be required by the Director through the precise plan process. B. Valet parking. Valet parking is subject to review and approval either at the time the predominant use is approved through a conditional use permit with insurance provisions or later as a specific item by the Code Compliance Supervisor but not until one year after occupancy resulting from the conditional use permit. Existing commercial uses utilizing valet parking must have an approved valet parking plan which includes provisions for insurance for the patrons to the satisfaction of the City Attorney. C. In-lieu parking payments. In commercial districts, parking spaces required by the provisions of this chapter may be satisfied by the payment of a fee per parking space to the off-street parking fund of the City prior to issuance of a building permit provided that the district in which the use is to be established is within an established parking district. Funds placed into the off-street parking fund pursuant to the provisions of this chapter shall be used exclusively for the purpose of acquiring and developing off- street parking facilities, limited insofar as practicable to the general vicinity of the premises for which in-lieu payments were made. The payment shall be in an amount set 49 Item 3A-216 PLANNING COMMISSION RESOLUTION NO.2828 forth by Council resolution. This provision shall apply only to projects in the C- 4-Downtown Districts per Chapter 25.18 of this Title and OP districts and may not be used to replace more than 50 percent of the required spaces. (Ord. 1334§ 13, 2018; Ord. 1296§ 14, 2015; Ord. 1279§8, 2015; Ord. 1264§ 1, 2013; Ord. 1259§ 1, 2013) SECTION 17. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25. 46.080 is hereby amended as follows: 25.46.080 Joint Use Parking Dual use of parking may be allowed where the operating hours of the uses involved do not overlap. Joint use of parking shall not exceed 50 percent of the required spaces of any uses involved. The agreement for the joint use shall be in the form of a recorded covenant and shall be acceptable to the City attorney. The approval for the joint use can be granted only by the Commission and shall apply exclusively to the Downtown Districts per Chapter 25.18 of this TitleG4 and OP zoning districts. (Ord. 1259§ 1, 2013) SECTION 18. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.050 is hereby amended as follows: 25.60.050 Application Review and Report After acceptance of a complete application,the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act. The Director will consult with other departments and committees as appropriate to ensure compliance with all provisions of the municipal code and other adopted policies and plans. The Director will prepare a report to the designated approving authority describing the project, and his or he their recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Ord. 1259§ 1,2013) SECTION 19. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.120 is hereby amended as follows: 25.60.120 Revocation This section provides procedures for the revocation of previously approved land use entitlements or permits. 50 Item 3A-217 PLANNING COMMISSION RESOLUTION NO.2828 A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit. B. Decision to revoke. 1. The ZA may revoke a temporary use permit without a public hearing at the sole discretion of the ZA. 2. The Director may revoke a home-based business permit and a certificate of use without a public hearing at his er hertheir sole discretion. 3. Except as specified in paragraphs 1 and 2 above, the decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing by the review body that originally approved the permit. Public notice shall be provided and public hearing conducted pursuant to Section 25.60.060 (Public Hearing and Public Notice). C. Findings.A decision to revoke an entitlement or permit may be made if any one of the following findings can be made: 1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. 2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing,for the entitlement or permit. 3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status. 5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance, regulation, or statute. 6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Ord. 1259§ 1,2013) SECTION 20. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.60.150 is hereby amended as follows: 25.60.150 Certificate of Use and Occupancy 51 Item 3A-218 PLANNING COMMISSION RESOLUTION NO.2828 A. Purpose. In order to assure that each new or expanded use of a structure or site or alteration of an existing structure complies with all applicable provisions of this title, a use certificate is required before any building permit may be issued or any structure or site is used.A certificate of occupancy as required in the City building code shall be issued only for a structure that conforms to the use certificate. B. Application and issuance of use certificate. Applications for a use certificate shall be made on a form prescribed by the Commission and shall be accompanied by plans and additional information as necessary, in the opinion of the ZeRiag AdmiRistrator(Z-A4 Director—to demonstrate conformity with this title. The DirectorZA shall check the application and all data submitted with it and shall issue a use certificate if he-Gr-s they finds that all applicable provisions of this title will be complied with. C. Issuance of building permit. The building official shall not issue a building permit until the ZA has approved a use certificate for the structure which is the subject of the building permit. D. Issuance of certificate of occupancy. The building official shall not issue a certificate of occupancy for a structure or alteration until 4e4g-s4e-14asthey have found that the structure or alteration conforms with the use certificate, until all required screening and landscaping and off-street parking and loading facilities are complete, and he 9F shethey haves found that all conditions attached to a use permit, a variance, and design review have been met; provided, that the building official may issue a certificate of occupancy prior to the fulfillment of all requirements of this title if a faithful performance bond in an amount determined by the building official to be sufficient to complete the work necessary to meet the requirements is filed with the City. Cash in the amount of the faithful performance bond may be deposited with the City in lieu of the bond. E. Temporary certificate.A temporary certificate of occupancy may be issued by the Building Official prior to the time that all of the requirements for a certificate of occupancy have been met; provided,that no permit other than a temporary permit shall be issued for gas or electric utilities until the Building Official determines that all of the requirements for a certificate of occupancy have been met.A temporary permit for gas or electric utilities shall be valid for 10 working days. If temporary permits for gas or electric utilities expire without the requirements for issuance of a certificate of occupancy having been met,the Building Official shall request the public utility to discontinue service. F. Determination of compliance with required conditions. If the ZA-Director is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district in which it is to be located, theyhe or she shall not issue a use certificate, but shall, at his--er-he+their option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant. (Ord. 1293§ 1, 2015) 52 Item 3A-219 PLANNING COMMISSION RESOLUTION NO.2828 SECTION 21. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.090 is hereby amended as follows: 25.62.090 Notice of Nonconformity The owner or occupant of property that is determined to be a nonconforming lot, building, or use under this chapter shall receive a notice, in writing, of that determination. A. Notice contents.The notice shall state the grounds for the decision and shall require the nonconforming lot, building, use, or land to be abated within a time determined by the City staff to be reasonable.The letter shall advise that if the nonconforming lot, building, or use is not abated within the time specified, the abatement work will be completed by the City and the costs thereof will be charged against the property or its owner. The notice shall furthermore provide that any person having any record title or legal interest in the building or lot may request a hearing, provided that the request is made in writing, as provided in this section, and filed with the City within 30 days from the date of service of such notice. The notice shall finally provide that failure to request a hearing will constitute a waiver of all right to an administrative hearing and determination of the matter. B. Service of notice of nonconformity. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following persons, if known to the City or disclosed from public records: 1. The holder of any mortgage or deed of trust or other lien or encumbrance of record. 2. The owner or holder of any lease of record. 3. The holder of any other estate or legal interest of record in or to the building, or the land on which it is located. The failure of the City to serve any person required in this subsection to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any such person from any duty or obligation imposed on h4TGf4ieAhem by the provisions of this section. C. Method of service—Effective date of service. Service of the notice shall be made upon all persons entitled thereto, either personally, or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at Ja+r their address as it appears on the last equalized assessment roll of the County or as known to the City. If no address of any such person so appears, or is known to the City, then a copy of the notice shall be so mailed, addressed to such person at the address of the lot or building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings 53 Item 3A-220 PLANNING COMMISSION RESOLUTION NO.2828 taken under this section. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing. D. Proof of service. Proof of service of the notice shall be certified to at the time of service by written declaration, under penalty of perjury, executed by the persons effecting such service, declaring the time, date, and manner in which service was made. The declaration,together with any receipt card returned and acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and retained by the City staff. Ord. 1259§ 1, 2013) SECTION 22. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.62.100 is hereby amended as follows: 25.62. 100 Abatement Hearings A. Request for hearing.Any person entitled to notice under Section 25.62.090 of this chapter may, within 30 days of receipt of the notice, request a hearing. The request for hearing shall be in writing, and shall contain the following information: 1. A brief statement setting forth the legal interest of each of the persons requesting the hearing in the building, land, or lot involved. 2. A brief statement in ordinary and concise language of the specific City action protested, together with any material facts claimed to support the contentions of the persons requesting the hearing. 3. A brief statement, in ordinary and concise language, of the relief sought, and the reasons why it is claimed the protested City action should be reversed, modified, or otherwise set aside. 4. The signatures of all parties requesting the hearing, and their official mailing addresses. 5. The verification, by declaration under penalty of perjury, of at least one person who is requesting the hearing, as to the truth of the matters stated in the request for hearing. B. Abatement hearing board established. In order to provide for final interpretation of the provisions of this chapter, and to conduct hearings provided for below,there is established an abatement hearing board, hereinafter referred to as the"board," consisting of three members. One such member shall be a member of the Council.A second member shall be a member of the Commission. A third member shall not be an employee of the City. The Director shall be an ex-officio member of, and shall act as secretary to the board. The board shall be appointed by the Council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting 54 Item 3A-221 PLANNING COMMISSION RESOLUTION NO.2828 its business, and shall render all decisions and findings, in writing,to the person requesting a hearing,with a copy to the Director. Copies of all rules and regulations adopted by the board shall be delivered to the Director, who shall make them freely accessible to the public. C. Notice of hearing—Form.As soon as practicable, after receiving the written request for a hearing, the board shall fix a date, time, and place for the hearing by the board. Such date shall be not less than 10 days or more than 60 days from the date the request for hearing was filed. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing,to each person requesting a hearing by the secretary of the board, either by causing a copy of such notice to be delivered to the persons requesting the hearing personally, or by mailing a copy thereof, postage prepaid, addressed to the person requesting the hearing at his or her heir address shown on the request for a hearing.The notice to the person requesting the hearing shall be substantially in the following form, but may include other information: 1. You are hereby notified that a hearing will be held before the abatement hearing board at on the day of at the hour of upon the notice served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses, and the production of books, documents, or other things by filing an affidavit therefor with the abatement hearing board. D. Hearing procedures.The following procedures shall apply to the conduct of the hearing: 1. The hearing shall take place before the three members of the abatement hearing board,who shall act as hearing examiners to conduct the hearings. 2. A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording, determined to be appropriate by the board. 3. The proceedings at the hearing shall also be reported by a stenographic reporter, if requested by any party thereto.A transcript of the proceedings shall be made available to all parties, upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved. 4. The board may grant continuances for good cause shown. 5. In any proceedings under this chapter,the board, or any board member, has the power to administer oaths and affirmations and to certify to official acts. 55 Item 3A-222 PLANNING COMMISSION RESOLUTION NO.2828 6. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. 7. The board may obtain the issuance and service of a subpoena for the attendance of witnesses, or the production of other evidence at a hearing upon the request of a member of the board, or upon the filing of an affidavit therefor,which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his-eOiertheir possession or under"Io hprtheir control. 8. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 9. Oral evidence shall be taken only on oath or affirmation. 10. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient, in itself,to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 11. Any relevant evidence shall be admitted, if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule,which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 12. Irrelevant and unduly repetitious evidence shall be excluded. 13. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state, or of official records of the board or departments and ordinances of the city, or rules and regulations of the hearing board. 14. The board may inspect any buildings or lots involved in the hearing during the course of the hearing, provided that notice shall be given to the parties before the inspection is made,the parties are given an opportunity to be present during the inspection, and the board shall state for the record, upon completion of the inspection,the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board. 15. The hearing shall be open to the public. 16. The City shall have the burden of proof, and shall first present its evidence as the first order of business. The party requesting the hearing may then cross- 56 Item 3A-223 PLANNING COMMISSION RESOLUTION NO.2828 examine the witnesses presented on behalf of the City. The person requesting the hearing may then present evidence. The City may then cross-examine the witnesses presented on behalf of the person requesting the hearing. 17. Upon receipt of all the evidence the board shall then retire to deliberate and shall render a decision not less than 5 days after the date of the hearing. The City has the burden of persuasion by a preponderance of the evidence,which burden shall be taken into consideration by the board in rendering its decision. 18. The decision of the board shall be in writing and shall contain findings of fact; a determination of the issues presented, and shall also contain the requirements to be complied with by the person requesting the hearing.A copy of the decision shall be delivered to the person requesting the hearing, personally, or sent to themhirr er hef-by certified mail, postage prepaid, return receipt requested. The effective date of the decision shall be as stated thereon. E. Rights of parties at the hearing. Each party shall have these rights, at the hearing: 1. To call and examine witnesses on any matter relevant to the issues of the hearing. 2. To introduce documentary and physical evidence. 3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing. 4. To impeach any witness, regardless of which party first called h4n4or-h hem to testify. 5. To rebut the evidence against horn or herthem. 6. To represent h meR'themself, or to be represented by anyone of h+s hertheir choice, including an attorney at law,who is lawfully permitted to do so. F. Appeal to Council. The decision of the board may be appealed to the Council within 15 days of the date of service of the decision of the board. The Council shall hear the appeal as soon as practicable. The appeal shall not be de novo, and shall be based only on the hearing transcript, the evidence presented at the hearing, those matters officially noticed, and the written decision of the board.Any action of the board shall be stayed pending the outcome of the appeal. The decision of the Council shall be final. Ord. 1259§ 1, 2013) SECTION 23. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.100 is hereby removed and amended as follows: 57 Item 3A-224 PLANNING COMMISSION RESOLUTION NO. 2828 25.64.020 (Repealed per SB 234) Large Family Day Formatted:N.t Highlight Care Use Dermmtsv A. Purpose. Pursuant to GalifOFRia Health and Safety Gode SeGtmOR 1697.46, the Gity purpese is not to IiGeRse, Gertify, or ethemise regulate the quality and 6afety of day Gare heimi .hall be made 4n the 7A or his er heF designee who shall s aifi.the farm of said app"Gatien6 GOnsistent with this seGtion.At a MiRknWn, app"Gation form6 shall NuMbe, efemprcT2es. proposed to be used- I.arge fam"y day GaFe home. One GOPY ef the assessor's paFGeI map. 58 Item 3A-225 PLANNING COMMISSION RESOLUTION NO.2828 deGAS'OR will be Fnade en the appliGatiGR,the Z.A.er hks ex her de6ignee shall give R0tiGe asses-'smeA. t Fell as eWRiRg real pFopepty within -a 3-0-0- foot Fadiu6 of the exterior D. nenision by the Zoning Administrator. After pF0peF REAGe has been given to affected property nWRers, the 70 or his or her decigRee shall render a denisien on the large family day Gare hGme, 66ibjeGt to aR appNGatiGR foF aR eXGeptien te said- 3-0-0-- R Fequ shall net apply te large family day GaFe he es whirh are already opeFating in the City OR the date thiS GhapteF takes eff4pAt nfet..prnblepa Recidennec lnnated pen m.ajeFarterial streets (as shnum en the preblems. 3. ParkiRg. All homes used for large family day Gare faGilitie6 6hall pFevide at least three automobile parking 6paGe6, no more than one 9f Wh!Gh may be pFevided ed as a large family day e e hem e. 59 Item 3A-226 PLANNING COMMISSION RESOLUTION NO.2828 appliGaRt, and all other operatem if di#erent from the appliGaRt, of the family day the Health and Safety Gode,the propo6ed large family day Gare heme MuSt Gomply and life safety Of Ghildren In family day Gare home6. (See Title 22 ef the California mihero nh4ldtren are present. as a laFge family day Gare home. E. Appeal of dee.:cion Thee nlienn+a ether a#ee+ell persen may appeal the The arneunt of P_elsts; .-;hall be estimated in advanGe by the ZA er de6ignee and the appellant shall deposit said amount with the Gity before the Gity will PFOGe66 th8 Feq6le6t droll n y the o n4 of the rJi#eren ne+n the G 4) 60 Item 3A-227 PLANNING COMMISSION RESOLUTION NO.2828 F. C i a+ien of Permi+ if a lorne family day nave home pn66e6Gipe a uce permit expiFes,WhiGheveF GGGUFS fiFSt, and then it6 USe permit shall be G9Rsidered null and 1. WpeR determiWatig-.A that the holder of a large family day GaFe home u6e the ZA m Fequire the use permit to he reviewed by the(`OMM066inp of a publin 2. If the(nmmiccinp rlete4nopeo that the holder has failed in.a ate.ial way to Commission may suspend 9F Fevoke the peFmit or may, iR its di6GFetiGR, impose ad-d-itin—pal reasonable standaFd6 and requiremeRtS Gonsistent with state law, based GF substantially the same site shall be filed within one year frem the date of deRial oF of the large family day GaFe w6e permit. (QFd. 1279§§ 16 19, 2015i Ord. SECTION 24. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.64.050 is hereby amended as follows: 25.64.050 Reasonable Accommodation A. Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B. Application. 1. Applicant.A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the ZA. No fee 61 Item 3A-228 PLANNING COMMISSION RESOLUTION NO.2828 shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following: i. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or(c) a developer or provider of housing for one or more individuals with a disability. ii. The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant. iii. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. iv. Any other information that the ZA reasonably concludes is necessary to make a determination on a reasonable accommodation request, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. C. Review procedure.The ZA is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed. D. Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1. The requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 62 Item 3A-229 PLANNING COMMISSION RESOLUTION NO.2828 3. The requested accommodation will not impose an undue financial or administrative burden on the City as"undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as"fundamental alteration"is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. E. Alternative reasonable accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. F. Consideration factors. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. 4. In the case of a residential care facility,whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. G. Consideration factors—Fundamental alteration to zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood. 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking. 63 Item 3A-230 PLANNING COMMISSION RESOLUTION NO.2828 3. Whether the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan. 4. In the case of a residential care facility,whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. H. Rules while decision is pending.While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. I. Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed,the reasonable accommodation shall not become effective unless and until a decision is made by the Council on such appeal, pursuant to the provisions of this section. J. Expiration.Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless one of the following applies: 1. A building permit has been issued and construction has commenced. 2. A certificate of occupancy has been issued. 3. The use is established. 4. A time extension has been granted. K. Time extension.The ZA may approve a single one-year time extension for a reasonable accommodation for good cause.An application for a time extension shall be made in writing to the ZA no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. L. Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Discontinuance.A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the 64 Item 3A-231 PLANNING COMMISSION RESOLUTION NO.2828 residential structure and cannot easily be removed or altered to comply with the zoning code, or(2)the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZA may request the applicant or his-er hertheir successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. N. Revocation.Any revocation shall be noticed and heard pursuant to the procedures established in this title. O. Amendments.A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The ZA may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. Ord. 1259§ 1, 2013) SECTION 25. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.68. 030 is hereby amended as follows: 25.68.030 Exceptions to ARC review A. Minor modifications. When in the opinion of the ZA,the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this chapter, he shethey may grant the permit without submitting the matter to the ARC for its approval, notwithstanding any other provisions of this chapter. B. Staff's review of a single-family residence. Department staff shall review applications for the issuance of a building permit for a dwelling in the single-family and residential estate zones.The staff, on its own initiative, may forward such a request to the ARC for action. (Ord. 1259§ 1, 2013) SECTION 26. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.020 is hereby amended as follows: 25.72.020 Use Determinations A. Purpose. In order to ensure that the zoning regulations will permit all similar uses in each district,the Commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one or more districts on the basis of similarity to uses specifically listed. The procedures of this chapter shall not be 65 Item 3A-232 PLANNING COMMISSION RESOLUTION NO.2828 substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses. B. Application—Submittal requirements.Application for determination of similar uses shall be made in writing to the Director and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination. C. Investigation and report. The Director shall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of h+s af#ertheir findings to the Commission. D. Determination.The determination of the Commission shall be rendered in writing and shall be transmitted to the Council within 15 days of the determination. The decision of the Commission shall become final within 30 days unless an appeal is filed or the majority of the Council elects to review the determination. E. Determination by City Council. If required,the Council shall make a determination as prescribed in Section 25.60.080 (Appeals). (Ord. 1259§ 1, 2013) SECTION 27. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.72.050 is hereby amended as follows: 25.72.050 Conditional Use Permit A. Purpose. In order to give the use regulations the flexibility necessary to achieve the objectives of this title, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the Council. B. Application requirements.Application for a conditional use permit shall be filed with the Department on a form prescribed by the Director and shall include materials as required. C. Investigation and report.The Department shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Commission and made available to the applicant prior to the public hearing. 66 Item 3A-233 PLANNING COMMISSION RESOLUTION NO.2828 D. Hearings.The Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice).At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained. E. Action of the Commission.The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied.A conditional use permit may be granted for a limited time period,or may be granted subject to such conditions as the Commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees; requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Commission deems necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare. F. Findings.The Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. G. Effective date of the use permit. The decision of the Commission shall be final within 15 days from the date of the decision unless an appeal has been filed with the Council. H. Lapse of conditional use permit.A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject 67 Item 3A-234 PLANNING COMMISSION RESOLUTION NO.2828 of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied if no building permit or certificate of occupancy is required; provided that a use permit for a public utility installation may be valid for a longer period is specified by the Commission. Prior to the expiration of the permit,the applicant may request a one year time extension by filing with the Commission. I. Modification of conditional use. Modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the Director if he-er--hethey determines that the changes would not affect the findings prescribed in Section 25. 72.050.F (Findings), and the application for revision or modification is filed within one year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place. J. Suspension and revocation. Any conditional use permit issued pursuant to the provisions of this title may be modified, discontinued, suspended or revoked by the Commission upon receiving satisfactory evidence that the permittee, its agent(s), employee(s), or any person connected or associated with the permittee: (1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the City's building, zoning, and health regulations; (2) has failed to comply with any condition imposed by the conditional use permit; or(3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. The modification, discontinuance, suspension, or revocation shall be made only after a duly noticed hearing before the Commission,which hearing shall be conducted within 40 days of learning of the violation. K. Commission determination. 1. Not more than 30 days or less than 10 days prior to the hearing,written notice of the time and place of hearing shall be given to the permittee. The notice shall specify in general terms the grounds upon which the Commission intends to modify, discontinue, suspend, or revoke the conditional use permit.The notice shall be deemed complete when delivered to the permittee by personal service, when sent by certified mail to the permittee's last known address, or when posted in a conspicuous place on the property for which the conditional use permit was issued. 2. Notice of the hearing shall also be mailed not more than 30 days or less than 10 days prior to the hearing to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within 300 feet of the exterior boundaries of the property subject to the hearing and all persons who have filed written complaints with the City regarding the subject property. 68 Item 3A-235 PLANNING COMMISSION RESOLUTION NO.2828 3. After giving notice and conducting the hearing,the Commission may modify, discontinue, suspend, or revoke the conditional use permit.As part of any such action,the Commission may impose such conditions as it deems appropriate, including those necessary to protect the best interests of the surrounding property to the neighborhood;to eliminate, lessen, or prevent any detrimental effect thereon; or to assure compliance with other applicable provisions of the law.Any such action shall be supported by written findings, including a finding that it does not impair the constitutional rights of any person. 4. The decision of the Commission shall become final 30 days following the date on which the conditional use permit was suspended or revoked unless an appeal has been filed with the Council in accordance with Section 25.60.080 (Appeals)of this code. L. New applications. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. M. Use permit to run with the land.A conditional use permit granted pursuant to the provisions of this chapter shall run with the land, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. However, the City shall be notified of any change of ownership within 90 days of its occurrence. (Ord. 1259§ 1, 2013) SECTION 28. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.040 is hereby amended as follows: 25.78.040 Amendments—Zoning Map A. Procedure.The zoning map may be amended by changing the boundaries of any district in accord with the procedures described in this chapter. B. Initiation.A change in the boundaries of any district may be initiated by the owner, or the authorized agent of the owner of the property, by filing an application for a change in district boundaries. If the property for which a change of district is proposed with more than one owner, all the owners or their authorized agents shall be part of the application.A change in the boundaries of any district may additionally be initiated by resolution of the Commission or the Council. C. Application—Submittal requirements. A property owner desiring to propose a change in the boundaries of the district in which 4i=s •their property is located, or his or her authorized agent, may file with the Department an application for a change in 69 Item 3A-236 PLANNING COMMISSION RESOLUTION NO.2828 district boundaries on a form prescribed by the Commission and shall include the following information: 1. Name and address of the applicant. 2. Statement that the applicant is the plaintiff in an action of eminent domain to acquire the property or the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed. 3. Address and legal description of the property. 4. An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Director to be necessary to illustrate the relationship to any impact on the surrounding area. 5. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property,taken from the latest adopted tax roll of Riverside County; the list shall be keyed to a map showing the location of these properties. D. Action by the Council. 1. The Council shall hold at least one public hearing on an application within 40 days after the receipt of the resolution or report by the Commission, provided that no hearing shall be held on an application which has been denied by the Commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in Section 25.60.060 (Public Hearing and Public Notice). 2. If the Council finds that the change is not consistent, it shall deny the application pursuant to a resolution of denial. E. New application following denial. Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. F. Change of zoning map.A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (Ord. 1259§ 1, 2013) SECTION 29. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.78.060 is hereby amended as follows: 25. 78.060 Development Agreements 70 Item 3A-237 PLANNING COMMISSION RESOLUTION NO.2828 A. Purpose. The purpose of this chapter is to provide the City with greater control and flexibility in the evaluation of projects by tailoring development standards to the unique features of a particular site and linking them with specific development proposals and performance criteria. B. Eligibility. Persons or organizations entering into development agreement with the City must have a legal or equity interest property. C. Contents.A development agreement, at a minimum, shall specify or contain the following: 1. Duration of agreement. 2. Maximum height and size of building. 3. Permitted uses. 4. A general site plan showing arrangement of uses, circulation, and required dedication. 5. A timetable for the completion of various project phases or other features of the agreement. 6. Other conditions,terms, restrictions, and requirements for subsequent discretionary actions. D. Public hearing and notice.A public hearing on an application for a development agreement shall be held by the Commission and Council. Notice of intention to consider adoption of a development agreement shall be given as provided in Section 25.60.060 (Public Hearing and Public Notice). E. Form and consistency.A development agreement shall be approved by ordinance and shall be consistent with general and specific plans. F. Rules, regulations,and official policies. Unless otherwise provided by the development agreement, rules, regulations and official policies governing uses of the land, density, design, improvement and construction standards and specifications, applicable to development of the property subject to the agreement, shall be those rules, regulations, and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City from subsequent actions applicable to the property from applying new rules which do not conflict with those contained within the agreement, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development application on the basis of such existing or new rules, regulations, and policies. 71 Item 3A-238 PLANNING COMMISSION RESOLUTION NO.2828 G. Periodic review.The Director, or#+s-ef- e their designee, shall review a development agreement every year, at which time the applicant or their his or he successor shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of this review,the Director finds and determines, on the basis of substantial evidence,that the applicant has not complied in good faith with terms or conditions of the agreement, it shall recommend to the Council that the agreement be modified or terminated. If the Council concurs with the Director recommendation, the agreement shall be modified or terminated. Proceedings before the Council shall be a noticed public hearing per Section 25.60.060 (Public Hearing and Public Notice). H. Amendment or cancellation.A development agreement may be amended or canceled in whole or in part by mutual consent of the parties to the agreement or their successors. I. Recording of agreement. No later than 10 days after the City enters into a development agreement, the City clerk shall record with the County recorder a copy of the agreement,which shall describe the land subject thereto. From and after the time of such recordation,the agreement shall impart such notice thereof to all persons as is afforded by the recording laws of this state. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to,all successors in interest to the parties to the agreement. J. Modification or suspension to comply with state or federal laws or regulations. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. K. Reversion of zoning in the event of noncompliance with terms and conditions. In the event the terms and conditions are not met by the developer,the zoning shall revert to the zoning which existed prior to the development. (Ord. 1259§ 1, 2013) SECTION 30. Amendment to Palm Desert Municipal Code.The following definitions for"Condominium"and"Nameplate"within Chapter 25. 99.020 are revised as follows: 25.99.020 Land Use Definitions Condominium.A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in 4i,, --hertheir unit and an interest as granted in common in common areas. 72 Item 3A-239 PLANNING COMMISSION RESOLUTION NO.2828 Condominium means condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code. Nameplate.A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and h;s- ;;heir occupation or specialty. Zoning Ordinance,this ordinance. The comprehensive Zoning Ordinance of the City. Ord. 1384§2, 2022; Ord. 1366§2, 2021; Ord. 1358§2, 2020; Ord. 1331 § 3, 2017; Ord. 1321, 2017; Ord. 1304§ 1, 2016; Ord. 1303§7, 2016; Ord. 1302§ 5, 2016; Ord. 1292 §4, 2015; Ord. 1279§21, 2015; Ord. 1277§ 7, 2014; Ord. 1267A§2, 2014; Ord. 1259§ 1, 2013) SECTION 31. Amendment to Palm Desert Municipal Code.The following municipal code section, Section 25.60.170, is added as follows: 25.60.170 Application Withdrawal Formatted:Level 2,Indent:Left: -0.03",Right: -0.03", Space Before: 18 pt,After: 18 lot Application Withdrawal Formatted:Font:Not Bold 1. After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director. 2. An applicant is not entitled to a refund of application fees for withdrawn applications; however, the city may refund fees not expended if the application is withdrawn. 3. .If an applicant fails to respond to staff comments within 60 days, or an application Formatted:Font:Not Bold is otherwise determined by the Director to be inactive for a period of 60 days, then the application will be deemed abandoned and withdrawn. 73 Item 3A-240 Res. No. 2828 ZOA23-0001 PDMC Final Audit Report 2023-02-24 Created: 2023-02-24 By: Monica O'Reilly(moreilly@cityofpalmdesert.org) Status: Signed Transaction ID: CBJCHBCAABAApItAOdsU5gBuNyEJWvL57-Kslj4UGUGn Res. No. 2828 ZOA23-0001 PDMC" History L) Document created by Monica O'Reilly (moreilly@cityofpalmdesert.org) 2023-02-24-1:05:12 AM GMT C; Document emailed to joseph.pradetto2@gmail.com for signature 2023-02- 24-1:06:15 AM GMT L) Email viewed by joseph.pradetto2@gmail.com 2023-02-24-1:36:53 AM GMT C< Signer joseph.pradetto2@gmail.com entered name at signing as Joseph Pradetto 2023-02-24-6:13:15 PM GMT 6 6 Document e-signed by Joseph Pradetto (joseph.pradetto2@gmail.com) Signature Date:2023-02-24-6: 13:17 PM GMT-Time Source:server Agreement completed. 2023-02- 24-6:13:17 PM GMT Adobe Acrobat Sign Item 3A-241 CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. ZOA 23-0001 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER AN APPROVAL OF APPROVAL FOR A ZONING ORDINANCE AMENDMENT TO MODIFY THE PALM DESERT MUNICIPAL CODE TITLE 25 (ZONING) AND OTHER MUNCIPAL CODE CHAPTERS The City of Palm Desert Planning Commission finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: Citywide PROJECT DESCRIPTION: An Ordinance amending and updating various sections of the Palm Desert Municipal Code, including text amendments for Title 25 (Zoning). The modifications will make non-substantive changes in land-use regulation, short term rental permit implementation, and downtown parking, shopping cart, and cannabis regulation. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on April 27, 2023. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person access to the meeting location. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and- city-council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed designation is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours. COMMENT ON THIS APPLICATION: Response to this notice may be made as follows: • Written comments may be submitted to the City Council by letter to the address below or email at CouncilMeetingComments@palmdesert.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record. Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354. PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK APRIL 16, 2023 CITY OF PALM DESERT, CALIFORNIA Item 3A-242