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2023-05-25 CC Agenda Packet
CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (HYBRID MEETING) 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 REGULAR MEETING AGENDA Thursday, May 25, 2023 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, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 2 of 8 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: May 11, 2023 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1. Property Description: 10.49 acre site located on the north side of Gerald Ford Drive between Cook Street and Portola Avenue (APN 694-120-028), and additional parcel of 0.49 acres identified as a portion of APN 694-120-029 Agency: City of Palm Desert/Palm Desert Housing Authority City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: Palm Communities Under Negotiation: Price and Terms 2. Property Description: 1.84 acre site located east of Monterey Avenue on Country Club Drive (APN 622-370-014) Agency: Housing Authority City Negotiator: Todd Hileman/Eric Ceja/Jessica Gonzales Negotiating Parties: Chelsea Investment Corporation Under Negotiation: Price and Terms 3. Property Description: 72-880 Highway 111, Palm Desert (APN 640-120-020) Agency: City of Palm Desert City Negotiator: Todd Hileman/Chris Escobedo/Eric Ceja Negotiating Parties: Seritage SRC Finance Under Negotiation: Price and Terms C. Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 3 of 8 4:00 P.M. REGULAR MEETING RECONVENE REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Mayor Pro Tem Quintanilla INSPIRATION: Councilmember Harnik REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS CITY MANAGER COMMENTS A. PALM DESERT’S 50TH ANNIVERSARY 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 May 11, 2023, Council meeting and study session. B. APPROVAL OF WARRANTS RECOMMENDATION: Approve warrants issued for April 11, 2023 and May 11, 2023. C. RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSES RECOMMENDATION: Receive and file the applications for Alcoholic Beverage Licenses for the following businesses: 1. PDC Seafood Group, Inc., 72363 Highway 111, Suite A 2. GGCook, Inc., dba Goody’s Café, 75046 Gerald Ford Drive, Suite B101 3. Haus of Pizza PD LLC, dba Haus of Pizza, 72795 Highway 111, Suite G2. AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 4 of 8 D. APPROVE A FIRST AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC RECOMMENDATION: 1. Approve the First Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC. 2. Authorize the Mayor to execute said Agreements. 3. Authorize the City Manager to make non-substantive changes to the First Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor. 4. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA. 5. Authorize the City Manager to execute said agreements. E. RATIFY CONTRACTS FOR HVAC PREVENTATIVE MAINTENANCE AND REPLACEMENTS WITH DESERT AIR CONDITIONING, INC., AND APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT OF $56,083 RECOMMENDATION: 1. Ratify Contract No. C36374, A43620, and A43840 with Desert Air Conditioning, Inc., for HVAC Preventative Maintenance, Replacements and Repairs. 2. Authorize HVAC miscellaneous repairs and services in the annual amount of $50,000 in FY 2022/23. 3. Approve Change Order No. 3 to Contract No. A43620 in the amount of $56,083 for additional replacements and increase the contract amount to $100,000. 4. Appropriate a total of $75,000 from the Committed Facility Reserve Fund Balance to cover unforeseen HVAC expenses in various over obligated accounts. 5. Authorize the City Manager to execute said Change Order. F. SECOND READING AND ADOPTION OF ORDINANCE NO. 1394 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 12.04 REGARDING ENCROACHMENTS AND EXCAVATIONS RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1394. G. SECOND READING AND ADOPTION OF ORDINANCE NO. 1395 AMENDING THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK FORCE MEMBERSHIP RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1395. AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 5 of 8 H. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEE ORGANIZATION EFFECTIVE JULY 1, 2023, THROUGH JUNE 30, 2026 RECOMMENDATION: 1. Approve the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective July 1, 2023 – June 30, 2026. 2. Authorize the City Manager to take actions to implement the Memorandum of Understanding between the City of Palm Desert and PDEO. I. REQUEST FOR APPROVAL OF SALARY AND BENEFIT ADJUSTMENTS BETWEEN THE CITY OF PALM DESERT AND CITY OF PALM DESERT’S UNREPRESENTED EMPLOYEES EFFECTIVE JULY 1, 2023, THROUGH JUNE 30, 2026 RECOMMENDATION: 1. Approve the Memorandum of Understanding between the City of Palm Desert and the City of Palm Desert’s Unrepresented Employees effective July 1, 2023 – June 30, 2026. 2. Authorize the City Manager to take actions to implement. J. AWARD A CONTRACT FOR BUILDING INVENTORY AND ASSET MANAGEMENT SERVICES TO BUREAU VERITAS, INC., IN THE AMOUNT OF $229,986.26 (PROJECT 776-23) RECOMMENDATION: 1. Award a contract for building inventory and asset management services to Bureau Veritas, Inc., the amount of $229,986.26. 2. Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve change order requests for unanticipated conditions up to the contingency amount. 4. Authorize the City Manager or designee to review and approve written contract amendments/extensions. 5. Authorize the Mayor to execute said agreement. K. AWARD A CONTRACT FOR ENGINEERING AND DESIGN SERVICES TO THE ALTUM GROUP FOR ADA IMPROVEMENTS AT CAHUILLA HILLS PARK IN THE AMOUNT OF $136,933 (PROJECT NO. 949-23) RECOMMENDATION: 1. Award a contract for engineering and design services to The Altum Group for ADA improvements at Cahuilla Hills Park in the amount of $136,933. 2. Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen circumstances. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 4. Authorize the Mayor to execute said agreement. AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 6 of 8 L. AWARD A CONTRACT TO ADVANTEC CONSULTING ENGINEERS, INC., OF IRVINE, CA, FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COOK STREET AND MARKET PLACE DRIVE IN THE AMOUNT OF $100,610 (PROJECT NO. 520-22) RECOMMENDATION: 1. Award a contract to ADVANTEC Consulting Engineers, Inc., of Irvine, California, for professional engineering and design services of a new traffic signal at the intersection of Cook Street and Market Place Drive in the amount of $100,610. 2. Authorize the Finance Department to set aside a contingency amount of $10,000 for unforeseen circumstances. 3. Authorize the City Manager to approve contract amendments up to the contingency amount. 4. Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2. ACTION CALENDAR: A. REQUEST FOR DIRECTION REGARDING RECOMMENDATIONS CONTAINED IN THE 2023 BROKER’S REPORT RECOMMENDATION: 1. Receive and file the 2023 Commercial Broker’s Report. 2. Provide City staff direction to: a. Initiate necessary Zoning Ordinance Amendment (ZOA) to implement the recommendations contained in the 2023 Commercial Broker’s Report to add a new land use category for golf cart retail sales, remove certain land uses from requiring a Conditional Use Permit (CUP), and to add a “non-conforming” clause to office uses in the Downtown Edge Transition Overlay (DE-O). b. Initiate a Zoning Ordinance Amendment (ZOA) to require a Conditional Use Permit for self-storage facilities within the Service Industrial Zoning District. B. REQUEST FOR DIRECTION REGARDING DISTRICTING OPTIONS RECOMMENDATION: Provide direction regarding districting options. C. REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE NALEO 40TH ANNUAL CONFERENCE JULY 11-13, 2023 IN NEW YORK, NEW YORK RECOMMENDATION: Provide direction to staff whether to amend the draft Annual Budget for Fiscal Year 2023/24 to include funding for an out-of-state travel request for Mayor Pro Tem Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) 40th Annual Conference to be held on July 11-13, 2023, in New York, New York. AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 7 of 8 3. PUBLIC HEARINGS None. 4. INFORMATION ITEMS None. ADJOURNMENT AGENDA Thursday, May 25, 2023 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Page 8 of 8 THREE OPTIONS FOR PARTICIPATING IN THE MEETING If unable to attend the meeting in person, you may choose from the following options: OPTION 1: VIA E-MAIL Send your comments by email to: CouncilMeetingComments@palmdesert.gov. E-mails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the record and distributed to the City Council. Emails will not be read aloud at the meeting. OPTION 2: LIVE VIA ZOOM 1. Access via www.palmdesert.gov/zoom and click “Launch Meeting,” or 2. Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. OPTION 3: LIVE VIA TELEPHONE 1. Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599. 2. Enter the Meeting ID: 833 6744 9572 followed by #. 3. Indicate that you are a participant by pressing # to continue. 4. During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. ___________________________________________________________________________ PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. ___________________________________________________________________________ AFFIDAVIT OF POSTING I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.palmdesert.gov no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Assistant City Clerk Awards and Presentations - 0A CONSENT CALENDAR – ITEM 1A A.APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES THE DOCUMENT IS FORTHCOMING AND WILL BE DISTRIBUTED AND POSTED ON THE CITY’S WEBSITE AS SOON AS IT IS AVAILABLE. Item 1A-1 [This page has intentionally been left blank.] 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 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<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:B _______________ 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): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ PDC Seafood Group, Inc. 72363 HWY 111 Ste A, Palm Desert, CA 92260-2786 Monday, May 15, 2023. May 8, 2023Development Services: Planning ✔ May 8, 2023 Item 1C-1 Item 1C-2 Item 1C-3 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<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:B _______________ 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): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ GGCook Inc, Goody's Cafe 75046 Gerald Ford Dr. Ste. B101 Palm Desert, CA 92211-2080 Monday, May 22, 2023. May 15, 2023Development Services: Planning ✔ May 15, 2023 Item 1C-4 Item 1C-5 Item 1C-6 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To: From: Date: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION 0,&+(//(1$1&(, '(387<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:B _______________ 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): _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Haus of Pizza PD LLC, Haus of Pizza 72795 Hwy 111 Ste G2. Palm Desert, CA 92260-3322 Monday, May 22, 2023. May 15, 2023Development Services: Planning ✔ May 15, 2023 Item 1C-7 Item 1C-8 Item 1C-9 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE A FIRST AMENDMENT TO THE SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC RECOMMENDATION: 1. Approve the First Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC. 2.Authorize the Mayor to execute said Agreements. 3.Authorize the City Manager to make non-substantive changes to the First Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor. 4.Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA. 5.Authorize the City Manager to execute said agreements. BACKGROUND/ANALYSIS: On November 17, 2022, the City Council approved the Second Revised and Restated DDA for the development of a surf lagoon, resort hotel, and villa project at Desert Willow Golf Resort. That agreement included $46 million dollars in City assistance, including: -$20,000,000.00 Transient Occupancy Tax (TOT) reimbursement -$20,000,000.00 in bonds for public improvements, and -$6,000,000.00 loan to be paid back to the City. Desert Wave Ventures, LLC, has provided satisfactory evidence to the City confirming that financing is in place to build the surf lagoon, necessary infrastructure to support the development, and residential villas. However, they have not secured funding, a developer, or an operator for the hotel portion of the project. The City Council has authorized preparation of a First Amendment to the Second Revised and Restated DDA to include the following modifications: -Removes hotel requirement -Surf Lagoon, on-site restaurant, all supporting infrastructure to support future development occurs in first phase -Villas units to be phased in based on market demand -Removal of all City contributions ($46,000,000) to the project -An annual payment of $500,000 from issuance of Certificate of Occupancy for Surf Lagoon, with an annual 3% increase, and in perpetuity of the project’s operations. This minimum payment can occur from direct payments by the operator, transient occupancy tax generation, or a combination of the two. Item 1D-1 City of Palm Desert DSRT Surf DDA Amendment Page 2 of 2 FINANCIAL IMPACT: With the removal of all City provided incentives there is no fiscal impact to the City. However, the amended agreement does provide provisions for an annual remittance of $500,000, plus a 3% increase annually, to be paid by the developer/operator to the City for the entirety of the project's operations. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.First Amendment to the Second Revised and Restated Disposition and Development Agreement Item 1D-2 FIRST AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT by and among CITY OF PALM DESERT (“City”) and DESERT WAVE VENTURES, LLC a Delaware limited liability company (“Developer”) SURF LAGOON, SURF CENTER, AND RESIDENTIAL UNITS PROJECT Item 1D-3 -2- TABLE OF CONTENTS Page 1.GENERAL PROVISIONS. .................................................................................... 6 1.1 Purpose of this Agreement ........................................................................ 6 1.2 Project Site ................................................................................................ 7 1.3 Project Existing Approvals; Implementation Actions .................................. 7 1.4 CEQA Compliance ................................................................................... 10 2.IDENTITY OF PARTIES. .................................................................................... 10 2.1 Developer ................................................................................................ 10 2.2 City........................................................................................................... 14 2.3 Notices ..................................................................................................... 14 3.TERM. ................................................................................................................ 15 3.1 Term ........................................................................................................ 15 4.DESIGN AND DEVELOPMENT OF PROJECT. ................................................. 15 4.1 Design and Development of the Project................................................... 15 4.2 City Infrastructure Improvements ............................................................. 16 4.3 Submission and Approval of Construction Documents and Building Permit and Grading Permit Applications .................................................. 16 4.4 Agreement on Total Project Costs ........................................................... 17 4.5 Developer Releases ................................................................................ 18 4.6 Insurance ................................................................................................. 18 4.7 Other provisions or requirements: ............................................................ 19 4.8 Safety....................................................................................................... 22 4.9 Developer’s Indemnity Agreement/Hold Harmless .................................. 23 4.10 Payment Bonds and Performance Bonds ................................................ 24 4.11 Liens and Claims ..................................................................................... 25 5.REQUIREMENTS OF PARTIES. ....................................................................... 26 5.1 Periodic Review; Meet and Confer; Cooperation Between Parties .......... 26 5.2 Post-Closing Obligations .......................................................................... 27 5.3 Security for Post-Closing Obligations....................................................... 28 6.COMMUNITY BENEFIT PAYMENT. .................................................................. 30 7.DEFAULTS; REMEDIES. ................................................................................... 30 7.1 General Developer Default ...................................................................... 30 Item 1D-4 -3- 7.2 Default by City ......................................................................................... 31 7.3 Force Majeure .......................................................................................... 31 7.4 Remedies Exclusive................................................................................. 31 7.5 Dispute Resolution ................................................................................... 32 8. EVENTS OF TERMINATION; RIGHTS AND OBLIGATIONS OF PARTIES. ........................................................................................................................... 32 8.1 Events of Termination .............................................................................. 32 8.2 Effect of Termination ................................................................................ 32 9. MISCELLANEOUS PROVISIONS. ..................................................................... 33 9.1 Time of Essence ...................................................................................... 33 9.2 Consent ................................................................................................... 33 9.3 Entire Agreement ..................................................................................... 33 9.4 Interpretation ............................................................................................ 33 9.5 Governing Law ......................................................................................... 33 9.6 Captions ................................................................................................... 33 9.7 No Third Party Rights............................................................................... 33 9.8 Modification or Amendment of Agreement; Operating Memoranda ......... 33 9.9 Waiver ...................................................................................................... 34 9.10 Severability .............................................................................................. 34 9.11 Integrated Agreement .............................................................................. 34 9.12 Certificates ............................................................................................... 34 9.13 Counterparts ............................................................................................ 35 9.14 Public Records ......................................................................................... 35 9.15 Incorporation by Reference of Recitals .................................................... 35 Item 1D-5 -4- ATTACHMENTS Attachment No. 1 Scope of Development Attachment No. 2 Preliminary Plan of Finance Attachment No. 3 Preliminary Project Budget Attachment No. 4 Map of Project Site; Map Showing General Location of Elements of the Project Attachment No. 5 Legal Description of the Project Site Attachment No. 6 Form of City Cost Reimbursement Agreement Attachment No. 7 Schedule of Performance Item 1D-6 -5- FIRST AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT Surf Lagoon, Surf Center, and Residential Units Project This First Amendment to Second Revised and Restated Disposition and Development Agreement (this “Agreement”) is entered into as of May 25, 2023 (the “Execution Date”), by and among the CITY OF PALM DESERT, a chartered municipal corporation (the “City”), and DESERT WAVE VENTURES, LLC, a Delaware limited liability company (the “Developer”). The City and Developer are the sole parties (each, a “Party” and, collectively, the “Parties”) to this Agreement. The “Effective Date” shall be May 25, 2023. RECITALS This Agreement is based upon the following recitals, facts and understandings of the Parties: A. The City and Developer entered into that certain Disposition and Development Agreement, dated December 30, 2019 (the “Original DDA”). The City and Developer subsequently entered into that certain Revised and Restated Disposition and Development Agreement, dated April 22, 2022 (the “First Revised DDA”). The Parties subsequently entered into that certain Second Revised and Restated Disposition and Development Agreement, dated November 17, 2022 (the “Second Revised DDA”), which completely superseded both the Original DDA and the First Revised DDA. The Parties now intend to amend the Second Revised DDA with this Agreement. B. The City has previously conveyed 3.03 acres of real property (APNs 620- 400-008 & 620-420-024) (the “City Property”) to Developer by a grant deed (“City Grant Deed”) pursuant to that certain Purchase Option Agreement dated August 15, 2018, and the Successor Agency to the Redevelopment Agency of the City of Palm Desert (“SARDA”) previously conveyed 14.65 acres of real property (APN 620-420-023) (the “SARDA Property”) to Developer by a grant deed (“SARDA Grant Deed”) pursuant to that certain Purchase Option Agreement dated August 15, 2018, as amended by the First Amendment to Real Estate Option and Purchase and Sale Agreement dated May 22, 2021. The City Grant Deed and the SARDA Grant Deed are referred to herein, collectively, as the “Deed of Sale.” Collectively, the City Property and the SARDA Property make up the project site (“Project Site”). As consideration, in part, for the City entering into the Second Revised DDA and to secure the Developer’s performance of its obligations thereunder, the Developer executed a Performance Deed of Trust and Security Agreement, dated December 22, 2022, and recorded on December 21, 2022, as Document No. 2022-0510281 in the official records of Riverside County. Concurrently with, or prior to, the execution of this Agreement, Developer entered into a Reimbursement Agreement, dated December 16, 2019, by and between City and Developer, for the purpose of reimbursing the City for the costs and expenses it incurs for the review process of the Project. Item 1D-7 -6- C. Pursuant to the Second Revised DDA, the Developer was obligated to construct a minimum 137-key 69,000 square foot hotel (including restaurant, bar, café, meeting and banquet rooms, and outdoor amenities such as pool, spa, decks, and associated parking facilities) (the “Hotel”). Developer now desires to eliminate the obligation to construct the Hotel and remove it from the scope of development. Developer now proposes to construct improvements on the Project Site in two phases as set forth in the “Scope of Development” (Attachment No. 1 attached hereto and incorporated herein by reference). In the first phase, Developer will construct an approximately 5.5-acre Surf Lagoon; an approximately 6,200 square foot Surf Center, inclusive of a food and beverage component, 356 on-site parking spaces, and 57 residential lots with all utilities stubbed to the site; the second phase will include 57 private residential units (the “Residential Units”) and associated amenities. (Together all improvements at the Project Site are referred to as the “Project”.) D. The Project Costs (as defined in Section 4.4(c) below) are currently estimated to be $90,000,000 and the Developer expects to fund the Project Costs as set forth in the “Preliminary Plan of Finance” (Attachment No. 2 attached hereto and incorporated herein by reference). Attachment No. 3 is a “Preliminary Project Budget” that includes Project Costs and the Preliminary Plan of Finance. Both the Preliminary Plan of Finance and the Preliminary Project Budget shall be updated by Developer for City review on or prior to the applicable target date set forth in the Schedule of Performance, Attachment No. 7 attached hereto and incorporated herein by this reference. E. The Parties now desire to set forth the terms and conditions upon which the City may sell the Project Site to the Developer for the development, operation and maintenance of the Project. Developer may finance the Project Costs and the Developer’s Improvements Costs. All capitalized terms not defined within this Agreement shall have the meanings ascribed to such terms in the Second Revised DDA. AGREEMENTS For valuable consideration, receipt of which is hereby acknowledged, and the mutual obligations of and benefits to the Parties set forth herein, the City and Developer agree as follows: 1. GENERAL PROVISIONS. 1.1 Purpose of this Agreement. The intent and purpose of this Agreement is to (i) modify and extend the Second Revised DDA, (ii) set forth the modified obligations of the Parties and conditions precedent to the development and construction of the various elements of the Project, as applicable, and (iii) identify the financing by the Developer of the Project. Accordingly, the Second Revised DDA is hereby amended in its entirety to read as set forth herein. This Agreement is further intended to provide for the completion of all actions necessary to plan and design the Project, and for commencement of development and construction Item 1D-8 -7- of the Project, including, but not limited to, the preparation of all construction plans, specifications and cost estimates and related documents for the Project, and the securing of private financing for the various elements of the Project. This Agreement shall expire and be of no further force or effect upon issuance of Certificate(s) of Occupancy and/or Certificate(s) of Completion for the Surf Lagoon, Surf Center, inclusive of a food and beverage component, and 356 parking spaces, except for those provisions that expressly survive the expiration or earlier termination of this Agreement, which are set forth in Article 8. 1.2 Project Site. The Project Site and Map Showing General Location of Elements of the Project (“Site Plan”) is shown on Attachment No. 4 and more particularly described in Attachment No. 5. The Project Site shall include the Surf Lagoon, the Surf Center, and the Residential Units. 1.3 Project Existing Approvals; Implementation Actions. The Parties agree that, as of the Execution Date, the following documents have been approved and may be amended from time to time by the City (the “Existing Approvals”): (a) Existing Approvals: (i) DSRT SURF Specific Plan, as amended (Case Nos. SP 18- 0002 Amendment No. 1, PP 21-0002). (ii) Surf Lagoon, Surf Center, and Residential Unit Precise Plan. (iii) Tentative Parcel Map (amended TTM 36379) and related conditions of approval (“Conditions of Approval”). (iv) Architectural Review Commission recommendation of the Project. (v) Environmental Impact Report (“EIR”), Statement of Overriding Considerations, and Mitigation, Monitoring, and Reporting Program (“MMRP”) for the DSRT SURF Project (SCH #2019011044). (vi) EIR Addendum, Specific Plan Amendment, Precise Plan, and Tentative Tract Map for the DSRT Surf Project (SCH #2019011044). (b) Implementing Actions by City, Government Agencies and Other Parties. The implementation of this Agreement requires certain actions by the City and other governmental agencies with an interest in the Project Site, which actions include, but are not limited to, the following, which have been or shall be completed on or prior to the applicable target date set forth in the Schedule of Performance, Attachment No. 7 attached hereto and incorporated herein by this reference (the “Target Date”) for such respective items (the “Implementing Actions”) Assuming adequate environmental review, the City Manager, in consultation with the City Attorney, is hereby authorized to execute any Implementing Actions requiring City approval without City Council consideration, Item 1D-9 -8- unless the City Manager or City Attorney determine that the Implementing Action should be considered by the City Council. Upon execution of any Implementing Action the City Manager shall provide notice to the City Council. (i) Utility Related Matters: (1) CVWD Sewer Agreement. (2) CVWD and or Riverside County Agreement for Water Well Site Approval, Permitting, Construction and Operation, if development of a private water well on the Project Site is legally and technically feasible. (ii) City and Developer Agreements or Approvals: (1) Master Use and Maintenance Agreement, include water quality discharge plan which would include a 3-day lagoon evacuation agreement with the City and fee schedule for CVWD water use (prior to Water Well site approval and construction) Water Metering schedule (for freshwater intake pass through). (2) Agreement to evidence the Developer’s obligation to fund 12.1% of the cost to install a signal at the intersection of Marketplace and Cook. (3) City Well Usage Agreement, if the City determines in its sole discretion that adequate excess water supply exists for existing and foreseeable needs. (4) Supplemental Water Usage Agreement (Indicating Developer’s obligation to fund additional turf removal, conservation efforts, or other mitigations should Surf Lagoon water use exceed 23.8 million gallons annually). (5) Master Construction, Access and Parking Easement Agreement Over Desert Willow Golf Resort. (6) Easements required to satisfy the Existing Approvals, e.g. MMRP and other Conditions of Approval. (7) City Cost Recovery Agreement attached hereto and incorporated herein in Attachment No. 6 (to be executed by both Parties concurrent with or prior to the execution of this Agreement). (8) Offsite Turf Reduction Program Funding (at Developer’s sole cost and expense) and Scheduling Agreement. (9) Construction easement(s) from City to the Developer for turf reduction immediately adjacent to the Project Site. (iii) Misc. Required Agreements: Item 1D-10 -9- (1) Parties: City, Developer, future owner(s): a. An easement and maintenance agreement in favor of developer to cross under Mountain View golf course, and to access 15” underground water line for freshwater supply. b. An easement and maintenance agreement in favor of the Developer for construction of grading, landscaping, and retaining walls around entire Project Site. c. City shall amend or terminate the overflow parking agreement with JW Marriott on Lot E. d. Residential Unit CC&R’s. (2) Parties: CVWD, City, Desert Willow Condominium Association, Developer, future owner(s): a. An easement and maintenance agreement in favor of the landowner(s) to provide tie-in access to sewer line at the adjacent Westin Desert Willow Villas property. If not feasible due to design, Developer will tie-in access to the sewer line located along Desert Willow Drive. b. Emergency Access Agreement. (3) Parties: City, Embarc and Developer: a. An easement and maintenance agreement under Mountain View golf course, through Embarc property and discharging to City owned circulatory golf irrigation lakes system. (4) Parties: Developer and Surf Lagoon and Center Operator: a. Surf Lagoon and Center Operations Agreement. (c) Project Naming Rights. (i) The Parties agree and acknowledge that all derivatives, logos, trademarks, service marks, and trade names associated with the Project are valuable property of Developer. (ii) Developer will have the sole discretion to name or re-name the Project and its component parts, subject to approval by the City Council, which approval shall not be unreasonably conditioned, withheld or delayed, prior to the name or re-name designation. Item 1D-11 -10- (iii) Developer will refrain from using a name that in any way competes with or infringes on the Palm Desert name and brand. For example, the Developer will not include references to other cities, or regions in the name. (iv) Where collateral material, including online materials, and marketing/branding include references to the Project, to the extent practicable all references used and imagery associated shall include Palm Desert or Desert Willow. 1.4 CEQA Compliance. The City prepared and certified, pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), the EIR, Statement of Overriding Considerations, MMRP, and EIR Addendum for the Project, which satisfies CEQA for purposes of this Agreement and the Existing Approvals. While no new or supplemental environmental approvals are contemplated, the Parties shall cooperate with respect to any supplemental environmental documentation or approvals that may be required for the Project. The Developer understands and agrees that the City may require subsequent or supplemental environmental review or other environmental analysis to implement the Project as required by CEQA, and/or by changes in applicable local, state, federal laws, including, without limitation, the applicable codes, ordinances, regulations and policies of the City (collectively, the “Laws”). 2. IDENTITY OF PARTIES. 2.1 Developer. (a) The Developer is Desert Wave Ventures, LLC, a Delaware limited liability company. The Developer’s principals are Don Rady, Doug Sheres, and John Luff. It is on the basis of the qualifications and experience of the Developer that the City is entering into this Agreement. Accordingly, the provisions of this Section 2.1 are deemed necessary by the City and are agreed to be reasonable by the Developer to assure the City that the purposes of this Agreement will be achieved. (b) Subject to Section 2.1(c), during the Term: (i) Except for any Permitted Transfers, the Developer shall not voluntarily or involuntarily assign a controlling interest in this Agreement or sell, convey or transfer, or permit a controlling majority of its members, to sell, convey or transfer such controlling interest in the Developer (each, a “Transfer”) without the prior written consent of the City. The City shall not unreasonably withhold, condition or delay their consent to a Transfer proposed by Developer that requires their consent if all of the following conditions are satisfied: (1) Developer shall have disclosed to the City in writing, the verification as required in Section 2.1(b)(i)(4) for each Person who will be a member Item 1D-12 -11- of the Developer and each Person that will hold, directly or indirectly, any membership interests in the Developer as of the effective date of such proposed Transfer. (2) Developer shall provide evidence of financing reasonably acceptable to the City that following the proposed Transfer, Developer shall have sufficient financial resources for the Developer to perform its obligations under this Agreement. Evidence of financing shall include, at a minimum, the following: (i) a copy of the loan commitment obtained by Developer from one or more financial institutions for the mortgage loan or loans for financing to fund the construction, completion, operation and maintenance of the residential units during the term of the loan, subject to such lenders' reasonable, customary and normal conditions and terms; (ii) other documentation satisfactory to the City as evidence of other sources of Project Equity sufficient to demonstrate that Developer equity funds in the amount necessary to cover the difference between the total cost of the Completion of the Construction of the Project and the Project Construction Loan. (3) Developer shall provide documentation reasonably acceptable to the City that following the proposed Transfer, the Developer will continue to have the commercial and real estate experience needed to perform the Developer’s obligations under this Agreement (including, without limitation, the experience financing and developing projects of a similar size and quality to the Residential Units, Surf Center and Surf Lagoon). (4) Developer shall provide the City with an independent third-party verification, subject to the reasonable approval by the City of the independent third-party, that each Unaffiliated Third Party (as defined below) that acquires any membership interests in the Developer is reputable (which shall mean the absence of reputations for dishonesty, criminal conduct or association with criminal elements – “reputable” shall not mean “prestigious”, nor shall the determination of whether one is reputable involve considerations of personal taste or preference), and has no history of, or reputation for, either discriminatory employment practices which violate any Laws or non-compliance with applicable Environmental Laws or listing on the Prohibited Person list described below. (5) Neither the transferee nor any Person with any direct or indirect membership interest in the Developer shall be a Prohibited Person. (6) Developer shall have provided to the City an outline of any change in the proposed corporate structure of the Developer, in writing, in a detailed narrative and a visual organizational flow chart. (ii) The Developer shall not permit or suffer to exist any Change of Control (as hereinafter defined) without the prior written consent of the City, which may be given or withheld in the sole and absolute discretion of the City. (iii) Except for any Permitted Transfers, the Developer shall prohibit each of its members from voluntarily or involuntarily selling, conveying, or Item 1D-13 -12- transferring any of such member’s direct or indirect membership interest in the Developer to any Person without the prior written consent of the City (which consent shall be given or withheld in the sole and absolute discretion of the City unless such Transfer satisfies the criteria of Section 2.1(b)(i) in which case the City’s consent shall not be unreasonably withheld, conditioned or delayed), and in no event to any Prohibited Person (as hereinafter defined). (iv) Any purported Transfer in violation of this Section 2.1(b) shall be null and void, undone by Developer at Developer’s sole cost and expense, and not binding on the City. (c) Upon written request by the Developer to the City for consent to a Transfer as required under Section 2.1(b), the City shall determine, in its reasonable discretion, within thirty (30) days following delivery of the Developer’s request and all information reasonably required by the City to review the request, whether the proposed Transfer as of the effective date of the proposed Transfer, meets the qualifications set forth in Section 2.1(b). (d) The Developer shall deliver to the City all agreements and all certified documents evidencing the formation, existence, and good standing of the Developer (with all information regarding distributions, including any definitions primarily related thereto, redacted), for review by the City for consistency with the provisions of this Agreement. The City may request updates to such documents and/or agreements from time to time during the Term and Developer shall deliver such updates within thirty (30) days of City’s notice to Developer. (e) The Developer represents and warrants to the City that it has disclosed to the City each of its members, each Person that holds, directly or indirectly, at least ten percent (10%) of the membership interests in the Developer, and each Person that Controls the Developer. (f) For purposes of this Section 2.1, the following definitions shall apply: (i) “Change of Control” means a merger, consolidation, recapitalization or reorganization of the Developer or other transaction or an amendment to any governing document of the Developer that results in any Unaffiliated Third Party having the ability to Control the Developer. (ii) “Unaffiliated Third Party” means any Person that is not one of the principals or is not Controlled by one of the principals. (iii) “Person” means a natural person, whether acting for himself or herself, or in a representative capacity, a partnership, a corporation, a limited liability company, a governmental authority, a trust, an unincorporated organization or any other legal entity of any kind. (iv) “Control” means with respect to any Person (the “Controlling Person”) the power to both (A) direct or cause the direction of the management or policies Item 1D-14 -13- of another Person (the “Controlled Person”), whether through the ownership of voting equity, by contract or otherwise; and (B) maintain active and direct control and supervision of the operations of Developer, including without limitation, the day to day operations of the Project; provided, however, that a contractual or other requirement that a Controlling Person obtain the consent or approval of one or more other Persons as a condition to undertaking a Major Decision shall not affect whether such Controlling Person Controls such Controlled Person. “Controls”, “Controlled” and “Controlling” shall have correlative meanings to “Control”. (v) “Major Decisions” means, with respect to any Person, any decision that is of the type that requires the consent or approval of such Person’s non- managing members, limited partners or minority shareholders, which may include by way of example, any decision to (A) enter into any financing or incur, assume or guarantee any indebtedness that has not been previously approved in an approved budget or operating plan; (B) enter into or terminate or amend any material agreement; (C) merge, liquidate, sell, restructure, consolidate, recapitalize, reorganize, wind up, or dissolve the Person; (D) authorize or declare voluntary bankruptcy, assignment for benefit of creditors, acceleration of third-party obligations, confession of judgment, reorganization or any other similar insolvency action involving the Person or make any filing in connection therewith; (E) make any material changes to the Project; (F) terminate or amend this Agreement; (G) purchase insurance except as required by this Agreement or the Deed of Sale; (H) sell or transfer any asset of the Person; (I) approve any budget or operating plan; (J) amend any of the organizational documents of the Person; (K) issue, redeem, repurchase or cancel equity or other ownership interests in the Person (or any rights, warrants or options to acquire the foregoing); (L) make changes to the governing body of the Person; (M) declare or pay any distributions; (N) engage in new lines of business; (O) make capital expenditures or similar expenditures except as required in an approved capital budget; (P) make or change tax elections or accounting methodologies; or (Q) undertake an initial public offering of securities. (vi) ”Permitted Transfer” means the following Transfers, provided that there is no Change of Control as a result of such transfer: (A) any Transfer of not more than ten percent (10%) of direct or indirect membership interests in the Developer to any Affiliated Transferee (as defined below) that is not a Prohibited Person; (B) if by a natural person, any Transfer upon the death of such person by will or other instrument taking effect upon such death or by applicable laws of descent and distribution to such person’s estate and executors and then to such person’s heirs; or (C) if by a natural person, any Transfer made in connection with the dissolution of the transferee’s marriage or the legal separation of the transferee and his or her spouse on the account of any settlement of any community property or other marital property rights such spouse may have in any membership interests in the Developer. (vii) “Prohibited Person” means any Person (A) named as a “Specifically Designated National and Blocked Person” (“SDN”) on the most current list published by the U.S. Department of the Treasury Office of Foreign Assets Control at its official website or any replacement website or other replacement official publication of such list or (B) that is Controlled by an SDN. Item 1D-15 -14- (viii) “Affiliated Transferee” means, with respect to any Transfer, any of the following: (A) each sibling of the transferor, the spouse of the transferor, and each parent, child, grandchild or great-grandchild of the transferor (including relatives by marriage); (B) any trust for the benefit of the transferor or any of the foregoing members of his or her family; (C) where the transferor is a trust, any beneficiary of the trust or any of the foregoing family members of a beneficiary of the trust, or any other trust established for the benefit of any of the foregoing; and (D) each Person that Controls, is Controlled by, or is under common Control of, the transferor or any of the foregoing Persons. In addition, for purposes of this Section 2.1, the quantum of a Person’s indirect ownership in any other Person is calculated as the percentage of the proportional ownership interest at each level. As an example, if Person A owns a 50% interest in Person B and Person B owns a 50% interest in Person C, then Person A would be deemed to have a 25% indirect ownership interest in Person C. 2.2 City. The City is the City of Palm Desert, a charter city and municipal corporation. 2.3 Notices. (a) To Developer. Notices to the Developer shall be given or served by (a) recognized national overnight delivery service, or (b) facsimile with a confirmed receipt of such transmittal, provided a copy of such facsimile notice is also sent by mail, as provided below, or (c) first-class mail or certified mail, return receipt requested, addressed as follows, or to such other address(es) as the Developer may from time to time designate by notice to the other Parties: Desert Wave Ventures, LLC Attn: Don Rady 1555 Camino Del Mar, Suite 315C Del Mar, CA 92014 With a copy to: Don Rady Value Real Estate 1919 Grand Ave San Diego, CA 92109 With copy to: Coast Law Group, LLP 1140 S. Coast Hwy 101 Encinitas, CA 92024 Attention: Marco Gonzalez Item 1D-16 -15- (b) To City. Notices to the City shall be given or served by (a) recognized national overnight delivery service, or (b) facsimile with a confirmed receipt of such transmittal, provided a copy of such facsimile notice is also sent by mail, as provided below, or (c) first-class mail or certified mail, return receipt requested, at the following address, or to such other address(es) as the City may from time to time designate by notice to the other Parties: City of Palm Desert Attention: City Manager 73510 Fred Waring Dr. Palm Desert, California 92260 With a copy to: City Attorney City of Palm Desert 73510 Fred Waring Dr. Palm Desert, California 92260 (c) Forms of Delivery. Facsimile notice shall be deemed given on the date set forth in the sender’s confirmation notice; overnight delivery notice shall be deemed given the next business day from when sent; and mailed notice shall be deemed to have been given or served, if mailed by first class mail, on the third business day from when mailed, and, if by certified mail, on the date set forth in the return receipt. 3. TERM. 3.1 Term. The term of this Agreement shall commence on the Execution Date and shall expire upon the completion of all improvements for the Surf Lagoon, Surf Center, restaurant and Parking on or prior to the applicable Target Date set forth in the Schedule of Performance, Attachment No. 7 attached hereto and incorporated herein by this reference (the “Construction Completion”) unless earlier terminated pursuant to the terms of this Agreement. 4. DESIGN AND DEVELOPMENT OF PROJECT. 4.1 Design and Development of the Project. (a) The Project shall be designed by the Developer in accordance with the Scope of Development, the Project Existing Approvals and this Agreement. (b) The final designs and plans for the Developer’s Improvements (as defined in Attachment 1, attached hereto and incorporated herein by this reference) shall provide for build out consistent with the DSRT SURF Specific Plan approved for the Project and the Existing Approvals and Implementing Approvals. (c) The Developer shall comply with all Laws applicable to the Project, including, without limitation, the City’s Municipal Code. Item 1D-17 -16- (d) The Developer shall comply with all Laws applicable to the development and construction of the Developer’s Improvements. (e) The Developer shall pay when due all fees pertaining to the review and approval of the Developer’s Improvements that are lawfully required by any government agency, including, without limitation, the City and by any public utility. The Developer shall endeavor to obtain, prior to the commencement of construction of the Developer’s Improvements, any and all governmental approvals and permits that are required for commencement of such construction and any and all discretionary governmental approvals and permits that are required for completion of the Developer’s Improvements. 4.2 City Infrastructure Improvements. The City shall not be responsible for any infrastructure improvements for the Project. 4.3 Submission and Approval of Construction Documents and Building Permit and Grading Permit Applications. (a) On or before the Target Date set forth in the Schedule of Performance, the Developer shall submit for approval to the City Construction Documents for the first phase of Developer’s Improvements and Building Permit and Grading Permit Applications in accordance with clauses (i) and (ii) below, respectively, and to the City, Building Permit and Grading Permit Applications for the first phase of Developer’s Improvements in accordance with clause (iii) below. (i) Construction Documents: On or before the Target Date set forth in the Schedule of Performance, Developer shall submit to the City “Construction Documents” for development of the first phase of Developer’s Improvements (“Construction Documents Set”) demonstrating conformance with the design approvals at 100% Design Development and 100% Construction Documents completion of such construction drawings. Each Construction Documents Set shall be prepared by an architect or an engineer licensed in the State of California. Inspection, review, or comment by the City with respect to any of the Construction Documents shall not in any way affect or reduce the Developer’s obligations under this Agreement or be deemed to be a warranty or acceptance by the City with respect to such Construction Documents; it being understood that the City is relying upon the Developer to design and engineer the Developer’s Improvements. (ii) Building Permit and Grading Permit Applications: On or before the Target Date set forth in the Schedule of Performance, Developer shall submit for review by the City “Grading Permit Application” and “Building Permit Application” for development of the first phase of Developer’s Improvements. Grading Permit and Building Permit Applications shall be prepared by an architect or engineer, as appropriate, licensed to do business in the State of California. Inspection, review, approval or comment by the City with respect to any of the Grading Permit or Building Permit Applications shall not in any way affect or reduce the Developer’s obligations under this Agreement or be deemed to be a warranty or acceptance by the City with respect to such Item 1D-18 -17- Building Permit or Grading Permit Applications; it being understood that the City is relying upon the Developer to design and engineer the Developer’s Improvements in accordance with this Agreement. (iii) Grading Permit and Building Permits: All standard City fees with respect to the issuance of the Grading Permit and Building Permits will apply and shall be paid by the Developer. (b) With each of the two submissions of Construction Documents and the Grading Permit and Building Permits Applications pursuant to this Section 4.3, the Developer shall submit to the City, Development Cost estimates for such portion of the first phase of Developer’s Improvements, prepared by Developer, Developer’s general contractor or a qualified cost estimator in such detail as warranted by the extent of detail and completeness of the Construction Documents and Grading Permit and Building Permits Applications submitted to the City. Such Development Cost estimates shall be prepared in good faith and shall reflect the reasonable judgment of the Developer regarding such estimates. The Parties acknowledge that such estimates are estimates only and that final Development Costs may differ from the previously provided estimates. Whenever this Agreement requires the Developer to submit Development Cost estimates for such portion of Developer’s Improvements, a separate Development Cost estimate shall be prepared for each major category of such portion of the Developer’s Improvements, including but not limited to: the Surf Lagoon, the Surf Center and grounds, and the Surf Center Parking Lot (each, a “Major Component of Developer’s Improvements”). The parties understand and agree Development Cost estimates for the Project will comply with the Construction Specialties Institute divisions for cost estimation. 4.4 Agreement on Total Project Costs. (a) “Hard Construction Costs” shall mean, with respect to any component of the Project, all costs that the Developer is required to pay to the respective construction contractor for the construction of such component of the Project. (b) Concurrent with the Developer submission of the Building Permit Application for the Developer’s Improvements, the Developer shall submit final estimates (non-GMP) of the total Development Costs of the Developer’s Improvements, including the items set forth in Section 4.4(d) to review compliance with the Final Plan of Finance and Final Project Budget. (c) Following receipt of the Developer’s final estimates of the Development Costs of the Developer’s Improvements pursuant to Section 4.4(b), the City may review such Development Cost estimates. The final estimates (non-GMP) of the Development Costs which are either (i) reviewed by the City as submitted by the Developer in accordance with Section 4.4(b) or (ii) agreed by the City and the Developer, are herein referred to as the “Total Project Costs”. (d) As to each Major Component of Developer’s Improvements such estimates shall include an estimate for all Development Costs in connection with such Item 1D-19 -18- Major Component of Developer’s Improvements. “Development Costs” shall mean, with respect to any component of the Project, (i) the costs of the entire design, architectural work, engineering work, development work and construction work and (ii) contingency which shall be in an amount equal to at least ten percent (10%) of the sum of the costs set forth in clause (i). (e) The Project Costs are to be funded as set forth in the “Preliminary Plan of Finance” (Attachment No. 2 attached hereto and incorporated herein by reference). Attachment No. 3 is a “Preliminary Project Budget” that includes Project Costs and the Preliminary Plan of Finance. Both the Preliminary Plan of Finance and the Preliminary Project Budget shall be updated (“Final Plan of Finance” and “Final Project Budget”, respectively) by Developer for City review and written approval, on or prior to the applicable target date set forth in the Schedule of Performance, Attachment No. 7 attached hereto and incorporated herein by this reference. (f) The Developer shall submit executed guaranteed maximum price construction contracts or fixed price construction contracts, as applicable, with respect to the Developer’s Improvements, based on signed bids from Developer’s contractors and subcontractors (if applicable), other than bids with respect to the Project, for the construction of the Developer’s Improvements (all of which shall be provided to the City) on or before the Target Date set forth in the Schedule of Performance. The Developer shall provide drafts of such contracts to the City, as applicable, for the City’s review and comment before execution, in which case the City, as applicable, shall promptly provide to the Developer any comments thereto. 4.5 Developer Releases. Within thirty (30) days of the execution of this Agreement, Developer shall execute and deliver (i) a release, in recordable form acceptable to the City Attorney, of that certain Fee Deferral Agreement, dated December 15, 2022 (“Fee Deferral Agreement”), and recorded on December 21, 2022, as Document No. 2022-0510282 in the official records of Riverside County, and (ii) a termination agreement, in a form acceptable to the City Attorney, providing for the termination of that certain Transient Occupancy Tax Reimbursement Agreement, dated December 16, 2019, by and between City and Developer. Any fees that may have previously been deferred pursuant to the Fee Deferral Agreement shall be paid to the City in full prior to the issuance of any building permit for vertical construction. 4.6 Insurance. Without limiting Developer’s indemnification of the City of Palm Desert, and prior to commencement of construction of the Project, herein defined as “Work” for this Article 4 and this Agreement, Developer shall obtain, provide and maintain, or cause to be obtained, provided, and maintained, at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. 4.6.1 General Liability Insurance. Developer or its General 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 Item 1D-20 -19- 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. 4.6.2 Automobile Liability Insurance. Developer or its General 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 Developer 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. 4.6.3 Umbrella or Excess Liability Insurance. Developer or its General Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Developer or its General Contractor shall obtain and maintain an umbrella or excess liability insurance policy 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, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: 4.6.4 Workers’ Compensation Insurance. Developer or its General Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Developer’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Developer or its General 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. Developer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. 4.6.5 Pollution Liability Insurance. Developer or its General Contractor shall maintain Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to Agency providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. 4.7 Other provisions or requirements: 4.7.1 Proof of Insurance. Developer or its General 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 Item 1D-21 -20- 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. 4.7.2 Duration of Coverage. Developer or it General 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 Developer, its agents, representatives, employees or subcontractors. Developer or its General Contractor must maintain general liability and umbrella or excess liability insurance for a minimum of three (3) years after project completion. The City of Palm Desert and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 4.7.3 Primary/Noncontributing. Coverage provided by Developer or its General Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City, before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 4.7.4 Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 4.7.5 City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary. Any premium paid by City will be promptly reimbursed by Developer or City will withhold amounts sufficient to pay premium from Developer payments. 4.7.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance, with an assigned policyholders’ 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. 4.7.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Item 1D-22 -21- City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 4.7.8 Enforcement of Contract Provisions (non estoppel). Developer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Developer of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 4.7.9 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 Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 4.7.10 Notice of Cancellation. Developer agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 4.7.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Developers Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10) and completed operations (i.e. ISO Form CG 20 37) of Developer. 4.7.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 4.7.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with Item 1D-23 -22- respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 4.7.14 Pass Through Clause. Developer or its General Contractor 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 Developer, 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, and a $2,000,000 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. Developer or its General 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. Developer agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. 4.7.15 City’s Right to Revise Requirements. If commercially reasonable, 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 Developer ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Developer, the City and Developer may renegotiate Developer’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 4.7.16 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 4.7.17 Timely Notice of Claims. Developer shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Developer’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 4.8 Safety. DEVELOPER SHALL EXECUTE AND MAINTAIN ITS WORK SO AS TO AVOID INJURY OR DAMAGE TO ANY PERSON OR PROPERTY. IN CARRYING OUT ITS SERVICES, THE DEVELOPER 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 Item 1D-24 -23- 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. 4.9 Developer’s Indemnity Agreement/Hold Harmless. Except for sole negligence or willful misconduct of an Indemnitee, the Developer hereby assumes liability for and agrees to defend, indemnify, protect and hold harmless the City and its officers, agents, and employees, and the City Engineer from and against all claims, charges, damages, demands, actions, proceeding, losses, stop payment notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may arise out of or encountered in connection with this Agreement or the performance of the Work including, but not limited to death, or bodily or personal injury to persons, or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Developer, its officers, agents, employees, or Subcontractors including, but not limited to, liability arising from: (a) Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by the Developer, its officers, agents, employees, or subcontractors; (b) Any operation conducted upon or any use or occupation of the premises by Developer, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of this contract or otherwise; (c) Any act, omission or negligence of Developer, its officers, agents, employees or Subcontractors; (d) Any failure of Developer, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. The Developer also agrees to indemnify City and pay for all damage or loss suffered by City including, but not limited to damage or loss of City Property, loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sections 4.9 (a), (b), (c), and (d) above. Developer’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop payment notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Item 1D-25 -24- an Indemnitee. However, without affecting the rights of the City under and provision of this agreement, Developer shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Developer will be for that entire portion or percentage of liability not attributable to the active negligence of City. Developer agrees to obtain executed indemnity agreements with provisions similar to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Developer in the performance of this agreement. In the event that Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Developer and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Developer under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Developer provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 4.10 Payment Bonds and Performance Bonds. (a) Prior to the commencement of construction on the first phase of Developer’s Improvements the Developer shall furnish the City with the following separate corporate surety bonds from each contractor that is responsible for the construction of a Major Component of the first phase of Developer’s Improvements, or, in each case, a portion thereof: (i) A performance bond (“Performance Bond”) issued by a surety company licensed and admitted to transact business as such in the State of California, in an amount not less than one hundred percent (100%) of the estimated Hard Construction Costs of the applicable Major Component of the first phase of Developer’s Improvements, or a portion thereof, as applicable. The Performance Bond shall name Developer as principal obligee, the City, each of the Private Construction Lenders and each of the public lenders as co-obligees. The Performance Bond shall assure full completion of the Item 1D-26 -25- construction by such contractor of such Major Component of the first phase of Developer’s Improvement, or such portion thereof, as applicable; and (ii) A payment bond (“Payment Bond”) issued by a surety company licensed and admitted to transact business as such in the State of California, in an amount equal to one hundred percent (100%) of the estimated Hard Construction Costs of the applicable Major Component of the first phase of Developer’s Improvements, or a portion thereof, as applicable, guaranteeing payment for all materials, provisions, supplies and equipment used in, upon, for or about the performance of the construction by such contractor of such Major Component of the first phase of Developer’s Improvements, or such portion thereof and for labor done thereon and protecting the City from any and all liability, loss or damages arising out of or in connection with any failure to make any such payments. The Payment Bond shall name Developer as principal obligee, the City, each of the Private Construction Lenders and each of the public lenders as co-obligees. (b) The Payment Bonds and Performance Bonds shall be in form and content acceptable to the City Attorney. 4.11 Liens and Claims. (a) The Developer agrees that, if any Professional or materialman performing the Work, or furnishing materials in connection therewith, or if anyone claiming directly or indirectly under or through the Developer or any affiliate, professional or materialman shall file or cause to be filed any mechanics lien or other lien or security interest against the Project Site, the Developer’s Improvements, or any portion thereof, or against any assets of or funds appropriated to or by the City or the City, then, within thirty (30) days after the Developer receives notice of filing thereof, the Developer shall cause such lien or security interest to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If the Developer shall fail to cause such lien or security interest to be discharged of record within the period aforesaid, then, in addition to any other right or remedy, the City or the City may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due from retentions or any progress payment next due to the Developer or by procuring the discharge of record of such lien or security interest. Any amount so paid by the City or the City, including all reasonable costs and expenses incurred by the City or the City in connection therewith, shall be payable by the Developer to the City or the City, as applicable, on demand. Each of the City will endeavor to notify Developer of any lien notices that it receives; provided, however, that the failure by City to so notify the Developer shall not affect Developer’s obligations hereunder. (b) Notwithstanding Section 4.13(a), the Developer shall not be required to discharge of record any such lien or security interest if the Developer is in good faith, and consistent with applicable Law, at its own expense, currently and diligently contesting the same; provided that the Developer first records a surety bond sufficient to release such lien or such security interest, as applicable. Item 1D-27 -26- 5. REQUIREMENTS OF PARTIES. 5.1 Periodic Review; Meet and Confer; Cooperation Between Parties. (a) The City shall have the option, not more frequently than every three (3) months during the Term, to conduct a review (the “Periodic Review”) to evaluate, among other things, the extent to which the Developer is complying with its obligations under this Agreement or the Schedule of Performance, and the Parties’ determinations of whether it is feasible to continue with the development of the Project pursuant to this Agreement (collectively, “Periodic Review Matters”). (b) Meet and Confer. (i) Within thirty (30) days following submittal by the Developer of the information and materials concerning Developer obligations and/ or the Schedule of Performance as reasonably requested by the City and/or the City in accordance with Section 5.1(a) or (ii) within five (5) days following notice of any Event of Default, City staff and the Developer shall meet and confer to seek mutual resolution of areas of concern covered in the Periodic Review or such Event of Default, as applicable, and to come to a mutual agreement whether to take one of the following actions: (i) Pause. To the extent feasible, pause any actions and activities of the Parties pursuant to this Agreement (except, to the extent applicable, insurance, maintenance and indemnification obligations) for a period up to thirty (30) days to enable the Parties to schedule one or more additional meet and confer events to gather additional information and continue discussions of the Periodic Review Matters or such Event of Default, as applicable; or (ii) Delay. To the extent feasible, delay for a period up to thirty (30) days any further actions or activities of the Parties under this Agreement to enable the Parties to further investigate their respective positions and whether it is feasible to proceed with the development of the Project as provided for hereunder. If disagreements between the Parties are not resolved pursuant to Section 5.1(b)(i) or (ii), then the Parties shall attempt to resolve such disagreements through mediation in accordance with Section 7.5. If such disagreements are not resolved through mediation within one hundred twenty (120) days after the commencement of mediation, then either Party may terminate this Agreement pursuant to Article 8, subject to the City’s rights pursuant to the Deed of Sale and the Performance Deed of Trust and Security Agreement. (c) If disagreements between the Parties are resolved pursuant to Section 5.1(b), then, if applicable, the Parties shall revise the Schedule of Performance to incorporate the changes agreed to by the Parties pursuant to Section 5.1(b) and such revisions to the Schedule of Performance shall be made without the need for an amendment to this Agreement in accordance with Section 9.9. (d) Notwithstanding any other provision in this Agreement, in the event Schedule of Performance extensions pursuant to Sections 5.1(b)(i) and 5.1(b)(ii) above exceed one hundred and eighty (180) days cumulatively, any Party may elect to terminate Item 1D-28 -27- this Agreement in accordance with Article 8, subject to the City’s rights pursuant to the Deed of Sale and the Performance Deed of Trust and Security Agreement. (e) All approvals required by the City and Developer under this Agreement shall not be unreasonably withheld or denied (except where such actions are specifically said to be in the sole and absolute discretion of a Party) and, where specifically referenced in this Agreement or in the Schedule of Performance, shall be given within the times set forth in this Agreement or in the Schedule of Performance. (f) City and Developer shall, to the extent reasonably necessary, cooperate with each other to enable each Party to perform its obligations under this Agreement; provided, however, that in the event that any Party is asked to provide cooperation, assurance, assistance, documentation, or investigation and such Party determines that complying with such request will be unlawful, unreasonably burdensome, unreasonably expensive, or unreasonably time consuming, such Party may refuse to cooperate, without liability to that Party, by providing notice to the Party requesting the cooperation. Notwithstanding this provision, this Section 5.1(f) does not limit City’s discretionary actions and City reserves the right to exercise discretionary actions, each in in its sole authority and in its sole and absolute discretion 5.2 Post-Closing Obligations. The obligations of the Developer set forth in Section 4.5, in this Section 5.2, in Section 6, and Items 1 through [25] set forth in the Schedule of Performance attached as Attachment No. 7, shall be referred to herein, collectively, as the “Post-Closing Obligations.” Each such Post-Closing Obligation shall be satisfied on or prior to the Target Date set forth in the Schedule of Performance: (a) The City shall have received from the Developer in accordance with this Agreement final Development Cost estimates for the first phase of the Developer’s Improvements as required under Section 4.4(d); (b) The City shall have received and reasonably approved in accordance with this Agreement, on or prior to the applicable Target Date set forth in the Schedule of Performance, the Developer provided independent third-party verification that each Unaffiliated Third Party that acquires any membership interests in the Developer is reputable (which shall mean the absence of reputations for dishonesty, criminal conduct or association with criminal elements – “reputable” shall not mean “prestigious”, nor shall the determination of whether one is reputable involve considerations of personal taste or preference), and has no history of, or reputation for, either discriminatory employment practices which violate any Laws or non-compliance with applicable Environmental Laws or listing on the Prohibited Person list (each, an “Equity Investor” and, collectively, “the Equity Investors”); (c) The City shall have received from the Developer and reasonably accepted the terms of (i) the executable versions of the agreements with the Equity Investor(s) evidencing the commitments of such Equity Investors to make contributions for the first phase of Developer’s Improvements Costs (the “Equity Investor Contribution”) on or prior to the applicable Target Date set forth in the Schedule of Performance; Item 1D-29 -28- (d) The City shall have received from the Developer and shall have reviewed on or prior to the applicable Target Date set forth in the Schedule of Performance, the binding final first phase loan documents (“Loan Documents”) to confirm conformance with the Final Plan of Finance and are in an amount not in excess of the Developer’s Debt Contribution where: (i) “Developer’s Debt Contribution” shall mean the Developer’s Contribution (as hereinafter defined) less the amount of the Equity Investor Contribution; and (ii) “Developer’s Contribution” shall mean the budgeted amount for the first phase Developer’s Improvements Costs (currently estimated to be $90,000,000, including all furnishings, fixtures and equipment); (e) Developer shall have obtained commitments for all financing that is necessary to satisfy its respective obligations for the first phase of Developer’s Improvements under the Final Plan of Finance and Final Project Budget, with such financing to close on or before October 1, 2023; (f) Developer covenants to provide to City, on or before October 1, 2023, evidence of financing sufficient for the Developer to perform its obligations under this Agreement satisfactory to the City determined in its sole and absolute discretion. Evidence of financing shall include, at a minimum, the following: (i) a copy of the loan commitment obtained by Developer from one or more financial institutions for the mortgage loan or loans for financing to fund the construction, completion, operation and maintenance of the first phase of the Project during the term of the loan, subject to such lenders' reasonable, customary and normal conditions and terms; (ii) other documentation satisfactory to the City as evidence of other sources of Project Equity sufficient to demonstrate that Developer equity funds in the amount necessary to cover the difference between the total cost of the Completion of the Construction of the first phase of the Project and the First Phase Project Construction Loan. 5.3 Security for Post-Closing Obligations. (a) As security for Developer’s completion of any “Post-Closing Obligations,” the conveyance of the Project Site (including both the City Property and the SARDA Property) to Developer shall be subject to a "Power of Termination" as defined in California Civil Code Section 885.010 as set forth below. (i) If the Developer fails to satisfy the Post-Closing Obligations by the dates detailed in the Schedule of Performance (subject to delay for events of force majeure)(the “Post-Closing Obligations Deadlines”), the City may exercise its Power of Termination by delivering written notice to Developer. Developer shall not be entitled to any cure period for a failure to satisfy one or more of the Post-Closing Obligations by the applicable Post-Closing Obligations Deadline. Upon receipt from City of written notice of City’s exercise of its Power of Termination, Developer agrees to, and shall, within five (5) Item 1D-30 -29- calendar days, execute and deliver to City a quit claim deed relinquishing any and all of Developer’s right, title, and interest in and to the Project Site. (ii) Developer shall not allow or permit any charge, pledge, mortgage, lien, hypothecation, usufruct, deed of trust, security interest, adverse claim or interest, restriction or easement of any kind (each, an “Encumbrance”) to encumber the Project Site or any portion thereof unless and until it has fully satisfied the conditions set forth in Section 5.2(b), (c), (d), and (p) (the “Financing Plan Conditions”), whether as a condition precedent to Close of Escrow or as a Post-Closing Obligation, including obtaining City’s written approval of the Financing Plan Conditions being fully satisfied (the “Encumbrance Prohibition”), and any violation of the Encumbrance Prohibition shall constitute a material breach of this Agreement, provided, however, that the Encumbrance Prohibition shall not apply to a Performance Deed of Trust and Security Agreement made for the benefit of the City. Notwithstanding anything to the contrary set forth herein, upon such breach by Developer, City shall be entitled to exercise its Power of Termination by delivering written notice to Developer. Developer shall not be entitled to any cure period for a breach of the Encumbrance Prohibition. Upon receipt from City of written notice of City’s exercise of its Power of Termination, Developer agrees to, and shall, within five (5) business days execute and deliver to City a quit claim deed relinquishing any and all of Developer’s right, title, and interest in and to the Project Site. (iii) Except to resolve Developer’s claims of delay for events of force majeure, Developer waives its right to judicially contest City’s exercise of its Power of Termination under this Section 5.3(e). (iv) If the Developer is in default of Post-Closing Obligations under this Section 5.3(a) prior to the issuance by the City of a Certificate of Occupancy for a Residential Unit the City may, in its sole discretion, as a remedy in addition to any and all other remedies set forth herein or available at law or equity, re-enter and take possession of the Project Site with all then-existing improvements, and vest in the City the estate previously conveyed to the Developer. The City's rights under this Section shall terminate and be of no further force and effect upon the earlier of satisfaction of the Post-Closing Obligations or the issuance by the City of a Certificate of Occupancy for a Residential Unit. (v) The City's Power of Termination shall be subordinate and subject to and be limited by and shall not defeat, render invalid, or limit: (vi) Any financing instrument secured by the Property (including any loans or ground lease); or (vii) Any rights or interests provided in this Agreement for the protection of the holder of a secured financing right with respect to the Property; or (viii) Any leases affecting the Property as of the date of such termination. Item 1D-31 -30- This subsection 5.3(e)(vi) shall not apply to City’s exercise of its Power of Termination pursuant to subsection 5.3(e)(iii) above. (ix) Upon vesting in the City of title to the Project Site as provided in this Section 5.3(e), the City shall have the sole discretion to determine the terms and conditions upon which it shall subsequently dispose of or utilize the Project Site and the parties shall have no further obligations to one another. Obligations under any guaranties and ancillary documents in connection with this Agreement shall also terminate and be of no further force and effect. (x) Upon the satisfaction of the Post-Closing Obligations Developer shall be entitled to record a memorandum of release of reversionary rights in the form attached approved by the City. (b) As additional security for the benefit of the City, to secure the performance of Developer’s Post-Closing Obligations set forth in this Agreement, Developer has executed a Performance Deed of Trust and Security Agreement, dated December 22, 2022, and recorded on December 21, 2022, as Document No. 2022- 0510281 in the official records of Riverside County. 6. COMMUNITY BENEFIT PAYMENT. As consideration for City to agree to the removal of a hotel from the Project, Developer agrees, and shall be obligated to, remit to City in perpetuity, an annual payment in the initial amount of Five Hundred Thousand Dollars ($500,000), subject to an annual increase of three percent (3%). The initial payment shall be made on the first day of the month first following the first annual anniversary of the City’s issuance of the final certificate of completion or certificate of occupancy for the first phase of the Project. Prior to issuance by the City of the first certificate of completion or certificate of occupancy for the first phase of the Project, Developer shall execute and deliver to the City for recording, a Declaration of Restrictions, declaring the annual payment obligation as a covenant running with the land, in form and substance acceptable to the City Attorney. Upon issuance by the City of a certificate of occupancy for the Residential Units that will be constructed as the second phase of the Project, the annual payment obligation required in this Section 6 may be reduced in an amount equal to the annual amount of Transient Occupancy Tax (“TOT”) received by the City from the Developer’s rental of the Residential Units and any additional TOT proceeds generated by the Project and paid to the City. 7. DEFAULTS; REMEDIES. 7.1 General Developer Default. If the Developer shall fail to perform or fulfill any obligation required of it under this Agreement and/or under the Right of Entry Agreement and shall not have cured or commenced to cure such failure within thirty (30) days following written notice thereof from the City (or has commenced to cure such failure, but is not diligently proceeding to cure such failure), then the Developer shall be in default under this Agreement (each such event or occurrence, a “Developer Event of Default”). Item 1D-32 -31- In the event of a Developer Event of Default, the City may, in its sole discretion, (a) extend the time for the Developer to perform the applicable obligation(s) hereunder for a period of time acceptable to the City beyond the cure period set forth in this Section 7.1, or (b) terminate this Agreement by giving written notice (as required under Section 2.4) of such termination to the other Parties. Upon termination, the rights and obligations of the Parties shall be as set forth in Section 8.2 and Article 8. 7.2 Default by City. If the City shall fail to perform or fulfill any obligation required of such Party under this Agreement and shall not have cured or commenced to cure such failure within thirty (30) days following written notice thereof from the Developer (or has commenced to cure such failure, but is not diligently proceeding to cure such failure), then the City shall be in default under this Agreement (each such event or occurrence, a “City Event of Default” and, together with a Developer Event of Default, any “Event of Default”). In the event of a City Event of Default, the Developer may, in its sole discretion, (a) extend the time for the City to perform the applicable obligation(s) hereunder for a period of time acceptable to the Developer beyond the cure period set forth in this Section 7.2, or (b) terminate this Agreement by giving written notice (as required under Section 2.3) of such termination to the other Party. Upon termination, the rights and obligations of the Parties shall be as set forth in Section 7.4 and Article 8. 7.3 Force Majeure. Notwithstanding anything to contrary contained herein, neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party limited to the following events that actually directly impact and cause delay the Project: fire, floods, seismic events, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, pandemics, or other acts of God. 7.4 Remedies Exclusive. (a) Because of the nature of this Agreement, the Parties agree that remedies expressly set forth in this Agreement are the only remedies available to the Parties. (b) The Developer shall not have any remedy for money damages against the City except for return of the Deposit in accordance with Article 8. (c) The City shall not have any remedy for money damages against the Developer, except for retention of the Deposit in accordance with Article 8. (d) The City, and the Developer, as applicable, shall be entitled to compel specific performance of the other Party’s(ies’) obligation to meet and confer in accordance with Section 5.1. Item 1D-33 -32- (e) Except as set forth in Section 7.4(d), the Parties shall not have any remedy for specific performance against any other Party. 7.5 Dispute Resolution. The Parties shall, before the commencement of any lawsuit or court action against any other Party relating to this Agreement or the Project, attempt in good faith to settle their dispute by third-party mediation. 8. EVENTS OF TERMINATION; RIGHTS AND OBLIGATIONS OF PARTIES. 8.1 Events of Termination. This Agreement shall automatically terminate if any of the following events (an “Event of Termination”) occur prior to Close of Escrow: (a) The Early Expiration Date or expiration of any Extension Period without an approved Extension or expiration of the final Extension Period; (b) Termination of this Agreement by any Party pursuant to Section 5.1(b); (c) Termination of this Agreement by any Party pursuant to Section 5.1(d); (d) Termination of this Agreement by the Developer by reason of a City Event of Default or by the City by reason of a Developer Event of Default, in each case, pursuant to Article 7; and (e) The failure to otherwise satisfy by the Target Date the conditions set forth in Sections 5.2, unless said failure is waived by the Party or Parties which the condition benefits. 8.1.2 Notwithstanding any of the foregoing, this Agreement will terminate upon the issuance of the final certificate of completion of the Developer’s Improvements, if not earlier terminated. 8.2 Effect of Termination. (a) Upon termination of this Agreement, the provisions of this Agreement shall be governed by Section 5.3(a), if applicable, and Article 8, and the rights and obligations of the parties under the Deed of Sale and the Performance Deed of Trust and Security Agreement and shall be governed by those documents. (b) If this Agreement is terminated or expires, then the City shall have the absolute right to enter into agreements relating to the Project, Project Site, Developer’s Improvements and the City Property with any developer or operator and brand of its choosing. The City shall not have the right to discuss any aspect of the Project with any prospective or subsequent developer, operator, or brand absent full and final termination of this Agreement. Item 1D-34 -33- (c) Except as otherwise expressly provided in Section 5.3(a), if applicable, and this Article 8 and in subsection (d) below, and the rights and obligations of the parties under the Deed of Sale and the Performance Deed of Trust and Security Agreement, upon an Event of Termination none of the Parties shall have any further rights, obligations or remedies to or against any other Party pursuant to this Agreement. (d) Notwithstanding termination of this Agreement, the Parties agree that the Sections 4.6, 4.7, 4.9, 4.10, and this Section 8.2, shall survive such termination to the extent and for such period as necessary to give them full force and effect under the circumstances giving rise to termination of this Agreement. 9. MISCELLANEOUS PROVISIONS. 9.1 Time of Essence. Time is of the essence in the performance of the respective obligations of the Parties under this Agreement. 9.2 Consent. The City shall reasonably cooperate with the Developer in the preparation and submittal of any governmental applications the Developer must submit in the furtherance of this Agreement. The City further agree to reasonably cooperate with the Developer in the timely processing of any such applications. 9.3 Entire Agreement. This Agreement consists of thirty-seven (37) pages together with Attachment Nos. 1 through 7, inclusive, which are attached hereto and incorporated herein by this reference, which constitute the entire agreement between the Parties. 9.4 Interpretation. This Agreement has been negotiated at arm’s length and between Persons sophisticated and knowledgeable in the matters dealt with herein. In addition, each Party has been represented by experienced and knowledgeable legal counsel. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the Party that has drafted it, is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of this Agreement. 9.5 Governing Law. This Agreement shall be governed by the laws of the State of California. 9.6 Captions. The captions used herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or the intent of any Section hereof. 9.7 No Third Party Rights. Nothing in this Agreement shall create or shall give to third parties any claim or right of action against the City, the City or the Developer beyond such as may legally exist, irrespective of this Agreement. 9.8 Modification or Amendment of Agreement; Operating Memoranda. Item 1D-35 -34- (a) No change in, modification to, termination or discharge of this Agreement in any form whatsoever shall be valid or enforceable unless it is in writing and signed by the Party to be charged therewith or its duly authorized representative. (b) The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation, and that new information and future events may make appropriate changes with respect to the details of performance of the Parties under this Agreement. If, as a result of a Periodic Review provided for in Section 5.1, or otherwise from time to time prior to the Early Expiration Date or during any Extension Period, the Parties find that non-substantive refinements or adjustments that do not require any public review or approval and that concern details of performance of the Parties hereunder, are necessary or appropriate, they may effectuate such refinements or adjustments through a memorandum (individually, “Operating Memorandum”, and collectively, “Operating Memoranda”) approved by the Parties which, after execution, shall be attached to this Agreement as addenda and become a part hereof. Operating Memoranda must be executed on behalf of the City by its City Manager or designee, and on behalf of the Developer by its authorized representative. Operating Memoranda shall not require prior notice or approval by the City Council and shall not constitute an amendment to this Agreement. (c) Any substantive or significant modifications to the terms and conditions set forth in this Agreement, such as a reduction in insurance or indemnity requirements, or waiver of any discretionary approval requirement, shall be processed as an amendment of this Agreement, and must be approved by the Developer, and City Council. 9.9 Waiver. No waiver or any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or other terms, covenants, agreements, restrictions and conditions hereof. 9.10 Severability. If any term, covenant or condition of this Agreement or the application thereof to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by Law. 9.11 Integrated Agreement. This Agreement, including the attached exhibits, contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this Agreement and may not be modified or amended except as set forth in this Agreement. 9.12 Certificates. (a) On or before the Target Date set forth in the Schedule of Performance, the Developer shall provide to the City an incumbency certificate, in form Item 1D-36 -35- and substance reasonably satisfactory to the City and signed by a duly authorized officer of the Developer, certifying that Doug Sheres, John Luff and Don Rady are duly authorized to execute this Agreement on behalf of the Developer, and attaching a copy of the Limited Liability Company Agreement of Desert Wave Ventures, LLC and any applicable resolutions. (b) On or before the Target Date set forth in the Schedule of Performance, the City shall provide to the Developer a copy of the resolution duly adopted by the City Council, evidencing that the City Manager is authorized to execute this Agreement on behalf of the City. (c) On or before the Target Date set forth in the Schedule of Performance, the City shall provide to the Developer a copy of the ordinance duly passed and adopted by the City Council, evidencing that the Mayor of the City is duly authorized to execute this Agreement on behalf of the City. 9.13 Counterparts. This Agreement may be executed in counterparts which taken together shall constitute one agreement. 9.14 Public Records. (a) The City is subject to the provisions of the California Public Records Act (Cal. Gov. Code § 6250, et seq.), (the “Act”). The City’s use and disclosure of public records are governed by the Act. (b) In the event that any lawsuit, action, or other legal proceeding is brought against City by any person(s) or entity(ies) seeking the disclosure of the information Developer has provided to City under any theory (collectively the “Actions”), Developer hereby agrees to release City from any such liability and to defend, indemnify and hold harmless City from any such Actions. Developer agrees and acknowledges that City has the sole and exclusive right to choose its legal counsel in its defense of the Actions, and Developer agrees to fully and promptly reimburse all legal fees and costs incurred by City in the defense of the Actions no later than thirty (30) days after Developer’s receipt of a reimbursement invoice with supporting documentation. Developer further agrees that any award of monetary damages, fees and costs, or otherwise that may be legally imposed upon City in the Actions, relating to the information Developer has articulated as being exempt from disclosure under the Act or any other relevant laws, shall be fully and promptly paid by Developer to the Court, plaintiff(s) in the Actions, or any other third party as may be required by any such award no later than thirty (30) days after Developer’s receipt of City’s written demand for such payment unless earlier ordered by the Court. 9.15 Incorporation by Reference of Recitals. The Recitals are hereby incorporated into this Agreement by reference as if set forth herein in full. [Signatures on Following Pages] Item 1D-37 -36- FIRST AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Lagoon, Surf Center, and Residential Units Project Signatory Page CITY: Date: _____________, 2023 CITY OF PALM DESERT, a charter city and municipal corporation By: KATHLEEN KELLY, Mayor APPROVED AS TO FORM: By: ROBERT HARGREAVES City Attorney Item 1D-38 -37- FIRST AMENDMENT TO SECOND REVISED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT DSRT Surf Lagoon, Surf Center, and Residential Units Project Signatory Page DEVELOPER: Date: ___________2023 DESERT WAVE VENTURES, LLC, a Delaware limited liability company By: FS VENTURES, LLC, a Delaware corporation, Its Manager By: Don Rady Its: Managing Member APPROVED AS TO FORM: By: Marco A. Gonzalez, Counsel Item 1D-39 -38- CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , before me, , a Notary Public, personally appeared ___________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 _____________________________ Item 1D-40 A1-1 ATTACHMENT NO. 1 SCOPE OF DEVELOPMENT I. GENERAL The Project and all related public improvements shall be designed and constructed substantially in accordance with the provisions of this Agreement, including without limitation the Laws, and all specifications, drawings, plans, data, reports, maps, permit applications, land use applications, zoning applications, environmental review and disclosure documents and design review documents (collectively, “Plans and Specifications”) and related documents to be approved by the City pursuant hereto. The City staff, the City’s engineers, the Developer and the Developer’s architects, engineers, General Contractor and subcontractors shall coordinate with respect to the overall design, architecture and nature of the improvements on the Project Site. In the event of any conflict between the contents of this Scope of Development and the Agreement, the provisions of the Agreement shall prevail. II. DEVELOPER’S IMPROVEMENTS Subject to the terms and conditions of this Agreement, including all attachments hereto, the Developer shall be responsible for the design and construction of the following improvements in two phases (collectively, the “Developer’s Improvements”): A. Phase One Developer’s Improvements will include an approximately 17.68 acre Surf Lagoon Resort and Amenities comprised of: 1. Minimum 5.0 acre Surf Lagoon with wave generating equipment. 2. Minimum 6,000 sq. ft. and maximum 15,000 sq. ft. Surf Center Building, to include surf welcome area, ticketing, wetsuit rental/drying, board rental, food and beverage component, office space, training area, flex space, and retail facility. 3. Proprietary wave producing machinery and accompanying surf lagoon control building. 4. All ancillary Support Facilities to support wave operations in accordance with Specific Plan including maintenance, guest service, F&B, parking and common area. 5. Private Water Well approval, permitting, construction and operation on Project Site, if development of a private water well on the Project Site is legally and technically feasible. 6. Circular roadway around project perimeter, as necessary, for fire and residential ownership access. Item 1D-41 A1-2 7. Landscape, Open Space, and Swimming Pools equating to a minimum of 20% of the Project Site. 8. Parking – Not less than [356] surface stalls of off-site parking. B. Misc. Items included in Phase One Developer’s Improvements: 1. Construct freshwater intake line from City owned 15” extant water line to west boundary line of SARDA Parcel B consistent with Existing Approvals or in substantial conformance with the Improvement objective. 2. Construct on-site and accompanying off-site storm-water discharge system draining to dry wells and waste areas on the Mountain View golf course or in substantial conformance with the Improvement objective. 3. Construct evacuation line to dry wells and/or golf course irrigation lake system (through Embarc property) consistent with Existing Approvals or in substantial conformance with the Improvement objective. 4. Construct tie-in sewer line to CVWD owned extant line west of the site adjacent to Westin Desert Willow Villas consistent with Existing Approvals or in substantial conformance with the Improvement objective. 5. Provide emergency gate access point for emergency vehicles at northerly and westerly corner of site adjacent to Westin Desert Willow Villas consistent with Existing Approvals, as required by Palm Desert Fire Department. 6. Fund any required or necessary turf removal at Developer’s sole cost and expense. 7. Construct improvements for overflow parking needs of the Desert Willow Golf Resort. 8. Construction of all utility connections to support the Project. C. All Conditions of Approval identified in the Existing Approvals. D. All Mitigation Measures identified in the Existing Approvals. E. Phase Two of Developer’s Improvements shall include construction of the balance of the fifty-seven (57) private Residential Units, and associated Homeowner’s Association amenities that were not built in Phase One. Item 1D-42 A1-3 III. ARCHITECTURE AND DESIGN The Developer’s Improvements shall be of high architectural quality and be sufficiently landscaped, as approved by the Architectural Review Committee. The Construction Documents and the Building Permit Application shall describe the architectural character intended for the Developer’s Improvements. Item 1D-43 A2-1 ATTACHMENT NO. 2 PRELIMINARY PLAN OF FINANCE [TO BE INSERTED] Item 1D-44 A3-1 ATTACHMENT NO. 3 FORM OF PROJECT BUDGET [TO BE INSERTED] Item 1D-45 A4-1 ATTACHMENT NO. 4 MAP OF PROJECT SITE; MAP SHOWING GENERAL LOCATION OF ELEMENTS OF THE PROJECT Item 1D-46 A5-1 ATTACHMENT NO. 5 LEGAL DESCRIPTION OF PROJECT SITE Parcel 1: All that certain real property situated in the County of Riverside, State of California, described as follows: Lot 8 of Tract No. 28450, in the City of Palm Desert, County of Riverside, State of California, as shown by map on file in Book 264, Pages 4 through 15 of Maps, Records of Riverside County. Excepting therefrom all oil, gas and other mineral deposits, together with the right to prospect for, mine, and remove the same, according to the provisions of the Act of Congress approved June 1, 1938 (52 Stat. 609) as reserved in the Patent recorded February 4, 1960 as Instrument No. 9510, of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1901 of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1895 in Book 1845, Page 474 of Official Records of Riverside County, California; Also excepting one half of all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land, without right of surface entry and with the obligation of grantor herein and any transfers thereof to repair any damage to said land and/or any improvements now or hereafter constructed thereon resulting from the extraction of said minerals by deed recorded February 8, 1985 as Instrument No. 27280 of Official Records of Riverside County, California; Also excepting therefrom one half of all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land without the right of surface entry and with the obligation of grantor herein and any transferee thereof to repair any damage to said land and/r any improvements now or hereafter constructed thereon resulting from the extraction of said minerals, as reserved by deed recorded January 31, 1991 as Instrument No. 36436 of Official Records of Riverside County, California; said mineral rights interests now purportedly vest in Lois A. Taylor, Jacqueline Y. Schaper, Jeanelle N. Stehly, Chadwick J. Mc Donald, Kevin O. Mc Donald, as to an undivided 1/5 Item 1D-47 A5-2 interest each as evidenced by Quitclaim Mineral Deed recorded June 1, 1993 as Instrument No. 204127 of Official Records of Riverside County, California; Also excepting therefrom all oil, gas and other hydrocarbon substances and minerals in and under said land, as set forth in the deed from John J. Kovacevich and Beverly Ellen Kovacevich, husband and wife recorded January 20, 1959 as Instrument No. 5010 of Official Records of Riverside County, California, without right of surface entry to a depth of 500 feet; Except one half of all oil and mineral rights as reserved by Lucille Sleeper in Document recorded March 20, 1956 in Book 1883, Page 571 of Official Records of Riverside County, California; Also excepting therefrom one half of all oil and minerals, as reserved by Lucille Sleeper by deed recorded December 14, 1961 as Instrument No. 107309 of Official Records of Riverside County, California. Also excepting therefrom one half of all crude oil, petroleum, gas brea, asphaltum, and all kindred substances and other minerals, as reserved in deed from Henry A. Dustin and Pearl M. Dustin, husband and wife recorded January 11, 1956 as Instrument No. 1897 of Official Records of Riverside County, California. Also except therefrom that portion of said land conveyed to the City of Palm Desert, a Municipal Corporation, as set forth and described in that certain document recorded November 6, 2014 as Instrument No. 2014-0428272 of Official Records. APN: 620-420-023 Parcel 2: All that certain real property situated in the County of Riverside, State of California, described as follows: That portion of Lot 8 of Tract No. 28450, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 264, Pages 4 through 15, inclusive, of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Westerly terminus of that certain course in the Northerly line of said Lot 8 shown as “N 89°46’41” W 293.56’” on said map; Thence along said Northerly line S 89°46’41” E 293.56 feet to the West line of Desert Willow Drive, and to the beginning of a non-tangent curve concave to the East having a radius of 137.00 feet and to which beginning a radial line bears S 88°57’01” W; Thence along said Wet line Southeasterly 170.74 feet along said curve through a central angle of 71°24’21” to the beginning of a reverse curve concave to the Southwest having Item 1D-48 A5-3 a radius of 65.00 feet, a radial line through said beginning of reverse curve bears N 17°32’40” E; Thence continuing along said West line Southeasterly 51.87 feet along said curve through a central angle of 45°43’21” to the beginning of a compound curve concave to the Southwest having a radius of 526.00 feet; Thence continuing along said West line Southeasterly 36.97 feet along said curve through a central angle of 4°01’37”; Thence leaving said West line S 46°18’47” W 347.14 feet; Thence N 43°41’13” W 394.66 feet to the Northerly line of said Lot 8; Thence along said Northerly line N 54°05’23” E 97.66 feet; Thence continuing along said Northerly line N 0°50’56” E 92.68 feet to the point of beginning. APN: 620-400-008; 620-420-024 Item 1D-49 A6-1 ATTACHMENT NO. 6 FORM OF CITY COST REIMBURSEMENT AGREEMENT Item 1D-50 A6-2 REIMBURSEMENT AGREEMENT Between CITY OF PALM DESERT a California municipal corporation and DESERT WAVE VENTURES, LLC, a Delaware limited liability company Item 1D-51 A6-3 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is made this ___ day of ________, 2023, by and between the City of Palm Desert, a California municipal corporation (the "City"), and Desert Wave Ventures, LLC, a Delaware limited liability company registered to do business in the State of California (the "Applicant"). RECITALS This Agreement is made with respect to the following facts. A. The Applicant is in contract to purchase of that certain real property ("Property") located within the City of Palm Desert, County of Riverside, California. The Property is more particularly described in attached Exhibit A. B. The Applicant is contemplating a development described as the 17.68 acre DSRT Surf project described in Environmental Impact Report Project SCH #2019011044 and its Addendum, consisting of a 5.5 acre surf lagoon and surf center facility to include a food and beverage component, and 57 private residential units which is referred to as the "Project." C. To provide the City with the planning, environmental and legal services, and other expertise and information necessary to the City's review process concerning the development of the Property, it is necessary for the City to access the services of various consultants for the Project beyond those whose fees are paid through traditional permit and application fees ("Consultants"). D. As a condition to the City's completion of the review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's review process in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, City and Applicant agree as follows: 1 Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City to Retain Consultants. As a necessary and indispensable part of its fact-finding process relating to the review and processing of the Applicant's Item 1D-52 A6-4 proposed uses of the Property and Project, the City shall retain the services of Consultants as the City may deem necessary in its reasonable and sole discretion. The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law including, without limitation, the California Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants. 3. Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants and City. The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act. 4. Applicant's Reimbursement of Costs and Expenditures. The Applicant shall reimburse the City for one hundred percent (100%) only of the actual costs and expenditures incurred after November 14, 2019 by the City relative to the Consultant costs ("Costs".) The City has preliminarily reviewed the scope of work required and has estimated the Costs to be approximately Eighty-five Thousand Dollars ($85,000) (“Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit the initial deposit in the amount of $85,000 to cover 100% of the consultant costs. The City shall provide copies of monthly invoices prepared by consultants, with confidential information removed, and the applicant shall make additional deposits to adequately cover the anticipated consultant costs. 5. Applicant's Approval of Excess Costs and Expenditures. The City shall use reasonable good faith efforts to consult with the Applicant incurring Costs that exceed the Estimated Costs ("Excess Costs"). The Applicant's obligation to reimburse the City for Excess Costs which exceed the Estimated Costs shall be contingent upon, the City's providing the Applicant with written notice of the amendment of the “Estimated Costs” to be performed by Consultants and the estimated Excess Costs prior to the commencement of work. In the event that Applicant objects to the Excess Costs, City shall not be required to continue processing of the Project. For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Item 1D-53 A6-5 Applicant's may terminate this Agreement pursuant to Section 9 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to the Consultants. 6. Evidence of Payment of Consultant Costs Immediately following the City's disbursement of funds to Consultant pursuant to an approved Professional Services Agreement or similar retainer agreement with the Consultant(s), the City shall provide the Applicant with such reasonable documentation as the Applicant may request to substantiate any demands for payment by Consultant(s). 7. Applicant understands and agrees that City reserves complete discretion and authority regarding the (a) outcome of the Project, (b) contents, scope, analysis and conclusions of the Consultant(s) and Consultant documents, including plans, staff reports, ordinances, resolutions, maps, conditions, mitigation measures, and environmental review documents and findings, (c) and City determinations and decisions on the Project. Nothing in this Agreement shall in any way commit or obligate City to approve any particular development project application or to support the development of any part of it. 8. Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City and fully executed by the parties and shall terminate when all work required been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement including, without limitation, the obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultant(s) prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the termination of this Agreement pursuant to Section 9. 9. Early Termination. The City may terminate this Agreement prior to the term set forth in Section 8 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant. The Applicant may in its reasonable and sole discretion terminate this Agreement prior to the end of the term set forth in Section 8 above upon thirty (30) days' prior written notice to the City; provided, however, that the Applicant has satisfied all of its obligations under this Agreement to the date of termination regarding reimbursement to the City of both Estimated Costs and Excess Costs and, furthermore, that the Applicant has given City written notice withdrawing its application(s) for the Project. Within two (2) City working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the Consultant(s) and instruct them to cease work. Consultant(s) shall be instructed to bill the City for any work completed prior to the date of termination. 10. Assignability. This Agreement may not be assigned by either party without the prior and express written consent of the other party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant Item 1D-54 A6-6 to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 11. No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant. 12. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 13. Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City’s approval of development of the Property, the environmental process, or the proposed uses of the Property. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and costs incurred by the City as a result of such third party action or proceeding; provided, however, Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, in the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and costs. 14. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. 15. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Palm Desert, Riverside County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of Riverside, California. The City and the Applicant each consent to the jurisdiction of the Court in any such action or proceeding. Item 1D-55 A6-7 16. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 17. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section. 18. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 19. Notices. Notices required under this Agreement shall be sent to the following: If to the City: City Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 If to the Applicant: Desert Wave Ventures, LLC Attn: Don Rady 1555 Camino Del Mar Del Mar, CA 92014 Notices given pursuant to this Agreement shall be deemed received as follows: (1) If sent by United States Mail - five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (2) If by facsimile - upon transmission and actual receipt by the receiving party. (3) If by express courier service or hand delivery - on the date of receipt by the receiving party. Item 1D-56 A6-8 The addresses for notices set forth in this Section 19 may be changed upon written notice of such change to either the City or the Applicant, as appropriate. Dated: ________________________ CITY OF PALM DESERT a California municipal corporation By: ______________________________ ___________, Mayor ATTEST: By: ______________________________ Anthony Mejia, City Clerk APPROVED AS TO FORM: By: ______________________________ Robert W. Hargreaves, City Attorney Dated: _________________________ APPLICANT: ___________________________________ By: ___________________________________ Name/Title Dated: _________________________ APPROVED AS TO FORM: By: __________________________ Applicant’s Counsel Dated: _________________________ Item 1D-57 A6-9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) SS. County of ) On , 20 , before me, , a Notary Public, personally appeared ___________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under 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 _____________________________ Item 1D-58 A6-10 Exhibit "A" Description of the Property Approximately 17.68 acres known as APN 620400008, 620420024 and 620420023 in the City of Palm Desert, County of Riverside, California. Item 1D-59 A7-1 ATTACHMENT NO. 7 SCHEDULE OF PERFORMANCE In the event of any conflict between the contents of the Schedule of Performance and the Agreement, the provisions of the Agreement shall prevail. ACTION TARGET DATE 1. Execution of Agreement and City Cost Reimbursement Agreement by Developer. Developer shall execute and deliver Agreement and City Cost Reimbursement Agreement to City. Completed. 2. Execution of Agreement and City Cost Reimbursement Agreement by City. City shall hold public hearings to consider and approve or disapprove Agreement and City Cost Reimbursement Agreement. If approved, City shall execute Agreement. Completed. 3. Submission of all Implementing Actions. Developer shall submit all agreements pertaining to the Implementing Actions to City for final review and approval. (§1.3(b)) October 1, 2023. 4. Submission of 100% Design Development Drawings and Preliminary Cost Estimate. Developer shall prepare and submit to the City 100% Design Development Drawings and documents for the Surf Lagoon, and Surf Center; and preliminary costs associated. Completed. 5. Submission of 100% Rough Grading Plans. The Developer shall submit to the City 100% Rough Grading Plans, Rough Grading Permit Application and associated fees. October 1, 2023. 6. Approval – 100% Rough Grading Plans. The City shall approve or disapprove the 100% Rough Grading Plans for the entire site. October 1, 2023. 7. Submission of 100% Construction Drawings. Developer shall prepare and submit to the City 100% Construction Drawings and documents for the Surf Lagoon, and Surf Center. Completed. 8. Submit Building Permit Application. Developer shall submit to City Building Permit Application for the Surf Lagoon, and Surf Center with 100% construction documents. (§4.3(a)(ii)) Completed. Item 1D-60 A7-2 ACTION TARGET DATE 9. City acceptance of complete Construction Documents and Building Permits. (§4.3) October 1, 2023. 10. Submission -- Equity Investors. Developer shall submit to City identity of Equity Investors and written binding agreements with the Equity Investors. (§5.2(b) and (c)) Completed. 11. Submission of Final Detailed Cost Estimates (Non- GMP)- Surf Lagoon and Center. Developer shall prepare and submit to the City final detailed cost estimates for the design and construction of the Surf Lagoon and Center. (§4.4(b)) October 1, 2023. 12. Review -- Final Cost Estimates - Surf Lagoon and Center. The City shall review final detailed cost estimates for the Surf Lagoon and Center. (§4.4(b)) October 1, 2023. 13. Submittal of Final Project Budget and Final Project Plan of Finance. (§4.4(e)) October 1, 2023. 14. Submission of Loan Documents. Developer shall submit to City binding Loan Documents from Private Construction Lender for construction financing. (§5.2(d) and (p)) October 1, 2023. (If applicable) 15. RESERVED. 16. Submission of Construction Contracts. Developer shall submit to the City construction contracts and executed guaranteed maximum price construction contracts or fixed price construction contracts, as applicable, with respect to the Developer’s Improvements, based on signed bids from Developer’s contractors (§4.4(f) for the construction of the Surf Lagoon and Center. (§5.2(f)) October 1, 2023. 17. City Review of Items 13-16 above. Within 45 days of submission of each item. 18. Submission of Certificates of Insurance, Payment Bonds and Performance Bonds. (§4.7.1) Within 45 days after completion of City Review of Items 13-16. 19. City Review of Certificates, Insurance, Payment Bonds and Performance Bonds At City’s discretion. 24. Work with City to identify temporary parking to accommodate at least seventy (70) spaces that will be unavailable for the Desert Willow golf courses during Project construction. October 1, 2023. 25. Commencement of Construction Mobilization of Surf Lagoon and Center. The Developer shall commence Within 45 days after completion of City Review of Items 13-16. Item 1D-61 A7-3 ACTION TARGET DATE construction of the Surf Lagoon and Surf Center improvements. 26. Completion of Construction of Phase One of Project. The Developer shall complete construction of Phase One of the Developer’s Improvements. Within 24 months following commencement of construction. 27. Termination of Agreement. This Agreement shall automatically terminate if any of the events listed occur. (§8.1) Upon completion and issuance of certificate of occupancy and/or certificate of completion of all improvements for the Surf Lagoon, Surf Center, and Parking. Item 1D-62 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Bertha A. Escobedo, Business Operations Manager Shawn Muir, Community Services Manager REQUEST: RATIFY CONTRACTS FOR HVAC PREVENTATIVE MAINTENANCE AND REPLACEMENTS WITH DESERT AIR CONDITIONING, INC., AND APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT BY $56,083 RECOMMENDATION: 1.Ratify Contract No. C36374, A43620, and A43840 with Desert Air Conditioning, Inc., for HVAC Preventative Maintenance, Replacements and Repairs. 2.Authorize HVAC miscellaneous repairs and services in the annual amount of $50,000 in FY 2022/23. 3.Approve Change Order No. 3 to Contract No. A43620 in the amount $56,083 for additional replacements and increase the contract amount to $100,000. 4.Appropriate a total of $75,000 from the Committed Facility Reserve Fund Balance to cover unforeseen HVAC expenses in various over obligated accounts. 5.Authorize the City Manager to execute said Change Order. BACKGROUND/ANALYSIS: Desert Air Conditioning, Inc. (Desert Air) is the City’s provider of Heating, Ventilation, and Air Conditioning (HVAC) services for City-owned facilities. They are widely utilized for new installations, emergency repairs, and routine maintenance because of their responsiveness and knowledge of the City’s HVAC systems. Due to the extended high temperatures of this past year and deferred maintenance of previous years, a higher-than-normal amount of HVAC replacements were necessary during Fiscal Year 2022/23. Therefore, staff entered into the following contracts with Desert Air Conditioning, Inc., which require City Council ratification: Contract No. C36374 – HVAC Preventative Maintenance •On September 28, 2017, the City Council awarded Contract No. C36370 to Desert Air Conditioning in the amount of $51,268 for HVAC Preventative Maintenance on City- owned facilities for a term of two years, and authorized extra repair work and services in an amount not to exceed $10,253.60. •On March 14, 2019, the City Council authorized Contract No. C36371, First one-year contract extension, to Desert Air in the amount of $39,040, adding HVAC services to the Parkview Building. It also authorized the City Manager to execute change orders and the remaining three, one-year contract extensions. Item 1E-1 •On May 14, 2020, the City Manager authorized Contract No. C36372, Second contract extension, in the amount of $39,040. •On July 29, 2021, the City Manager authorized Contract No. C36373, Third contract extension, in the amount of $49,970, adding services to the Artists Council and iHub. •On July 18, 2022, the City Manager authorized Contract No.C36374, Fourth contract extension, in the amount of $90,585, adding services to the Sheriff Training Center, Palm Desert Community Center, and evaporative coolers of the Fire stations. The amount of $30,000 for extra work and services was also authorized. The additional amount of $40,615 to C36374 plus the $30,000 for extra work totals $70,615, which exceeds the City Manager’s authority by $20,615 ($70,615 - $50,000); therefore, ratification of Contract No. C36374 is requested as it was done prior to the update of the Purchasing Policy. Contract No. A43620 - HVAC Replacements at City-Owned Facilities •On July 27, 2022, Contract No. A43620 was awarded to Desert Air in the amount of $25,000 for the immediate replacement of an HVAC unit at City Hall and the Parkview Building Complex. •On September 12, 2022, Change Order No. 1 in the amount of $8,972 was added for replacement of an additional unit in the City Hall IT Room, bringing the total to $33,972. •On October 27, 2022, Change Order No. 2 in the amount of $9,945 was added for replacement of an HVAC unit at Fire Station No. 33 for a total contract amount of $43,917, which requires ratification. •Additionally, staff is currently in the process of replacing five (5) HVAC systems that are malfunctioning or nonoperational: For this reason, staff requests approval of Change Order No. 3 to Contract No. A43620 in the amount $56,083 to replace the three units plus $4,463 for any remaining issues identified through the end of the current fiscal year for a total contract amount not to exceed $100,000. Contract No. A43840 - HVAC Replacements at Desert Recreation District •On August 23, 2022, the City Manager awarded Contract No. A43840 in the amount of $33,817 for immediate HVAC Repairs and Replacements at the Palm Desert Recreation District Building. Location Description Amount Fire Station 67 Replace three existing split systems $29,953 City Hall – North Wing Replace HVAC unit $10,951 Parkview – Suite 220 Replace HVAC unit $10,716 TOTAL $51,620 Item 1E-2 • On November 8, 2022, Change Order No. 1 in the amount of $8,000 was approved for the immediate replacement of the compressor for a total contract amount of $41,817. Therefore, staff requests the ratification of said Contract. Staff is currently working on a Request for Proposals (RFP) that will consolidate the Preventative Maintenance and Replacement contracts to help avoid multiple contracts while facilitating the replacement and repairs of the HVAC systems. Desert Air is also in the process of submitting a pre-qualification application so they can be included on the City’s pre-approved vendor list as required by the City of Palm Desert Municipal Code 1392 for the upcoming fiscal year. FINANCIAL IMPACT: The sum of $186,000 is included in the approved Public Works Operations Budget for Fiscal Year 2022/23. The sum of the contracts, including extra work and change order requests, total $254,648.79. Therefore, staff requests an appropriation of $75,000 from Committed Facility Reserve Fund Balance for unforeseen expenses to the following bolded accounts: Location Expense Account Budget Current Expenditures Pending Expenditures Appropriation Amount Corporation Yard 1104330-4331000 $11,000 $6,937.20 $1,500.00 $0.00 City Hall 1104340-4331000 $25,000 $40,911.04 $20,951.00 $35,000 Portola CC 1104344-4331000 $7,500 $3,103.00 $2,500.00 $0.00 Fire Stations 2304220-4331000 $30,000 $9,713.00 $35,953.00 $15,000 PD Aquatic Center 2424595-4331101 $15,000 $0.00 $2,000.00 $0.00 Sheriff Substations 5104195-4369500 $20,000 $29,972.02 $5,000.00 $15,000 Parkview Office Complex 5104195-4369601 $15,000 $18,814.00 $5,000.00 $10,000 State Building 5104195-4369602 $10,000 $5,511.59 $8,716.00 $0.00 Henderson Building 5104195-4369800 $12,500 $11,249.94 $2,500.00 $0.00 Desert Recreation District 4504164-4400100 $40,000 $41,817.00 $0.00 $0.00 Totals $186,000 $168,028.79 $86,620.00 Budget minus Expenses (Current + Pending) ($68,648.79) $75,000 **Bold accounts requiring appropriation REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. A43620 Change Order No. 3 2. C36374 Executed Amendment No. 4 3. A43620 Executed Change Order No. 2 4. A43840 Executed Change Order No. 1 Item 1E-3 &,7<2)3$/0'(6(57 &2175$&7&+$1*( 25'(5 -XVWLILFDWLRQ &RQWUDFW1R32 &KDQJH2UGHU1R &RQWLQJHQF\ <(6 12 $FFRXQW1R 3URMHFW1R 9HQGRU1R 'HVFULSWLRQRI&KDQJHV 'HFUHDVH ,Q&RQWUDFW3ULFH ,QFUHDVH ,Q&RQWUDFW3ULFH 7RWDOV 1HW&KDQJHLQ&RQWUDFW3ULFH 2ULJLQDO &RQWUDFW$PRXQW Contingency: 7RWDO%XGJHW$PRXQW Less: Expend. / Encumb. To Date: Less: This Change Order Amount: 5HPDLQLQJIRU3URMHFW Contingency: Less: Prior Change Order(s): Less: This Change Order: 5HPDLQLQJRI&RQWLQJHQF\ __________________________________________________________ dollars and ___/100 (___________) 5HYLVHG&RQWUDFW7RWDO BBBBBBBBBBBBBBBBBBBBBBBBBBB 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: A43620 P115959 3 Multiple n/a V0006591 Heating, Ventilation, and Air Conditioning Replacements Desert Air Conditioning, Inc. Additional air conditioning and heating replacements during FY 2022/23 $ 56,030.00 $ 0.00 $ 56,030.00 $ 56,030.00 City staff have increased the use of this contract to address deferred maintenance needs and to take on new projects. $ 43,970.00 $ 0.00 $ 43,970.00 $ 43,970.00 $ 56,030.00 -$ 56,030.00 $ 0.00 $ 0.00 $ 56,030.00 -$ 56,030.00 ✔ The amount of the contract will be increased by the sum of: Fifty-Six Thousand Thirty 00 $ 56,030.00 $ 100,000.00 Item 1E-4 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 RU Council approval QC: _____ A43620 3 n/a Item 1E-5 Item 1E-6 Item 1E-7 Item 1E-8 Item 1E-9 Item 1E-10 Item 1E-11 Item 1E-13 Item 1E-14 Item 1E-15 Item 1E-16 Item 1E-17 Item 1E-18 Item 1E-19 Item 1E-20 [This page has intentionally been left blank.] Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Niamh M. Ortega, Assistant City Clerk REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1394 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 12.04 REGARDING ENCROACHMENTS AND EXCAVATIONS RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1394. BACKGROUND/ANALYSIS: On May 11, 2023, the City Council introduced Ordinance No. 1394 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: City Clerk: Anthony Mejia City Manager: Todd Hileman ATTACHMENTS: 1.Ordinance No. 1394 Item 1F-1 ORDINANCE NO. 1394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 12.04 REGARDING ENCROACHMENTS AND EXCAVATIONS WHEREAS, pursuant to the authority granted to the City of Palm Desert (“City”) by Article XI, Section 7 of the California Constitution, the City has the power of regulate the use of streets, including regulations regarding encroachments within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the City has the authority to regulate public rights-of-way within the City; and WHEREAS, in 1974, the City adopted the Riverside County Ordinance No. 499 and made it applicable to the roads, streets and highways of the city of Palm Desert, California; and WHEREAS, the County Ordinance is not specifically tailored to the needs to the City and therefore, it is desirable to adopt a City-specific ordinance that is tailored to the needs of the City’s Public Works Department; and WHEREAS, the City Council desires to adopt the proposed Ordinance implementing City-specific policy and procedure regarding encroachments and excavations; and WHEREAS, all legal prerequisites regarding the proposed Ordinance have been met. THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds the above recitals are true and correct and accordingly, are incorporated as a material part of this Ordinance. Section 2. Amendment to the Municipal Code. Chapter 12.04 Encroachments and Excavations is hereby repealed in its entirety and replaced in full with the following: “Chapter 12.04 - ENCROACHMENTS 12.04.010 - Definitions. 12.04.020 - Right of lawful use. 12.04.030 - Encroachment permit required. 12.04.040 - Exception to permit requirement. 12.04.050 - Nonacceptable permit applications. Item 1F-2 Ordinance No. 1394 Page 2 12.04.060 - Emergency work authorized. 12.04.070 - Director to issue permits. 12.04.080 - Application. 12.04.090 - Conflicts with existing facilities, improvements and encroachments. 12.04.100 - Permit approval and issuance 12.04.110 - Permit denial. 12.04.120 - Insurance. 12.04.130 - Liability for damages. 12.04.140 - Fees. 12.04.150 - Term of permit. 12.04.160 - Termination by city. 12.04.170 - Display of permit. 12.04.180 - Change in permit. 12.04.190 - Cash deposits or bonds. 12.04.200 - Annual bond. 12.04.210 - Additional bond or cash deposit. 12.04.220 - Condition of bond or cash deposit. 12.04.230 - Bond payable to city—Release of bond or cash deposit. 12.04.240 - Encroachment license agreements. 12.04.250 - Notification of beginning of work. 12.04.260 - Erection and maintenance of safety provisions. 12.04.270 - Care of drainage. 12.04.280 - Obstruction of sidewalks and ramps on weekends. 12.04.290 - Interference with travel of general public. 12.04.300 - Restoring of street and maintenance of encroachment. 12.04.320 - Standards, supervision and inspection. 12.04.330 - Abandonment of pipes, conduits and appurtenances. 12.04.340 - Poles and transmission line carriers. Item 1F-3 Ordinance No. 1394 Page 3 12.04.350 - Movement of vehicles. 12.04.360 - Mailboxes in rights-of-way. 12.04.370 - Regulations for the maintenance of any public right-of-way. new 12.04.380 - No permit required for lawns—Restrictions. 12.04.390 - Monuments. 12.04.400 - Publication vending machines—Permit required. 12.04.410 - Franchises. 12.04.420 – Suspension or revocation of permit. 12.04.430 - Violation, penalties. 12.04.010 - Definitions. For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows: “Applicant” means a person applying for an encroachment permit and/or for an encroachment license agreement from the director pursuant to this chapter. “City” means the City of Palm Desert, California. “Director” means the director of public works, acting personally or through his or her authorized designee who has been appointed to administer the city's program of regulating and controlling encroachments. “Encroach” or “encroachment” means going upon, over, under, or using any right- of-way in such a manner as to prevent, obstruct or interfere with the normal use of that way, including the performance thereon of any of the following acts: 1.Excavating or tunneling within, or otherwise disturbing the right-of-way; 2.Erecting or maintaining any post, sign, pole, fence, guardrail, wall, loading platform, or other structure on or over or under the right-of-way; 3.Planting any tree, shrub, grass, or other growing thing within the right-of-way; 4.Placing or leaving on the right-of-way any rubbish, brush, earth, or other material of any nature whatever; 5.Constructing, placing or maintaining on, over, under, or within the right-of-way any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage or subsurface drainage facility, any pipe, conduit or cable; 6.Lighting or building a fire; Item 1F-4 Ordinance No. 1394 Page 4 7.Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the right-of-way which causes or will cause an encroachment; 8.Traveling on the right-of-way by any vehicle or combination of vehicles or object, of dimension, weight or other characteristic, when such traveling is prohibited by law without a permit; provided, that this provision shall not be deemed applicable to housemoving so long as the subject is regulated elsewhere in this code. “Permit” means an encroachment permit issued pursuant to and in conformance with this chapter. “Permittee” means any person who proposes to do work or encroach upon a public highway as defined in this code and has been issued a permit for such encroachment by the director and/or has entered into an encroachment license agreement with the city. “Public street” means the full width of the right-of-way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes, and alleys have been accepted as and declared to be part of the city system of public streets, except streets forming a part of the State Highway System. “Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the use of the general public for street and highway purposes. 12.04.020 - Right of lawful use. Any permit granted under this chapter shall be subject to the right of the city, or any other person entitled thereto, to use that part of the public highway for any purpose for which it may be lawfully used, and no part of the highway shall be unduly obstructed at any time. 12.04.030 - Encroachment permit required. A.No persons shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under the limits of any right-of-way, or make or cause to be made any alteration of any nature within, upon, over or under such right-of-way, or construct, or put upon, maintain or leave thereon, or cause to be constructed, put on, maintained or left thereon, any obstruction or impediment of any nature whatever, or remove, cut or trim trees thereon, or set a fire thereon, or place on, over or under such right-of-way any pipeline, conduit or other fixtures, or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way, or place any structure, wall, culvert or similar encroachment, Item 1F-5 Ordinance No. 1394 Page 5 or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way, without having first obtained a permit as required by this chapter. The director may approve night work for more routine projects. B.Encroachments placed, installed, constructed or maintained without authorization from the city are unlawful and the owner of the encroachment shall either remove it at their sole expense or obtain authorization under this chapter or other applicable provision of this code. The director shall have the authority to send written notice notifying the owner of the unlawful encroachment. If the owner does not remove the unlawful encroachment and restore the right-of-way, or apply for authorization to maintain the encroachment with a permit issued pursuant to this chapter or other applicable permit issued by the city or recorded agreement with the city, within thirty (30) calendar days of the city's notification, the city shall have the right to immediately remove the illegal encroachment and restore the right-of-way, and the owner shall be liable for all of the city's direct and indirect costs and expenses. This subsection B shall be in addition to any other rights and remedies available to the city under this code or applicable federal or state law. 12.04.040 – Exception to permit requirement. This chapter shall not apply to the action of any officer or employee of the city engaged in the discharge of official duties. 12.04.050 - Nonacceptable permit applications. No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column or structure for support for advertising signs. 12.04.060 - Emergency work authorized. This chapter shall not prevent any public utility from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation, as may be necessary for the preservation of life or property when an urgent necessity therefor arises during the hours the offices of the city are closed, except that the person making an emergency use or encroachment on a public street shall apply for a permit therefor within one (1) calendar day after the offices of the city are again opened. 12.04.070 - Director to issue permits. The written permits required by this chapter shall be issued by the director subject to conditions set forth in this chapter or required by other provisions of law. 12.04.080 - Application. The director shall prescribe and provide a regular form of application for the use of any applicant for a permit required by this chapter. The application form shall contain Item 1F-6 Ordinance No. 1394 Page 6 space for the name, address and principal place of business of the applicant, and require applicant to submit a map, plat, sketch, diagram or similar exhibit on which shall be plainly shown any and all information necessary for the director to establish the exact location, dimensions, duration, and purpose of the proposed use or encroachment. 12.04.090 - Conflicts with existing facilities, improvements and encroachments. The applicant shall design, plan, install and maintain the encroachment in such a manner that the encroachment will not unreasonably interfere with existing facilities, improvements, and encroachments within the public right-of-way. The director will determine whether an encroachment unreasonably interferes with an existing facility, improvement or encroachment. The applicant’s encroachment shall not be constructed, installed, or maintained in a manner that would make any existing encroachment non- conforming under the standards and requirements of this title. 12.04.100 - Permit approval and issuance. A.Upon the receipt of an encroachment permit application, the director will make reasonable effort to either deem the application complete in compliance with all requirements of this chapter and any other applicable law, or notify the applicant of deficiencies. Once the application is deemed complete, the permit shall either be approved and issued or denied. Permits may include any conditions the director deems reasonably necessary to protect the public interest, safety, and welfare. B.Upon issuance of a permit, the permittee agrees to accept and abide by all the terms and conditions of the permit, the city standard and details, and all conditions set forth in this chapter. If the applicant has any objection to any of the terms or conditions, the applicant must provide written notice to the director within three (3) days of issuance stating that the permit was not accepted, thereby voiding the issued permit. 12.04.110 - Permit denial. The director may deny issuance of a permit upon determining that the encroachment will not be in the public interest or will be detrimental to the public health, safety, or welfare. The grounds for denial shall be set forth in a written notice to the applicant. 12.04.120 – Insurance. A. Permittee shall maintain and, prior to the commencement of construction, provide to the City a certificate of insurance evidencing general liability and property damage insurance in policy limits of not less than $1,000,000 per occurrence, and $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include coverage for contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Any insurance proceeds available to permittee in excess of the minimum limits and coverage set forth in this section and which is applicable to a given loss or claim shall be Item 1F-7 Ordinance No. 1394 Page 7 deemed to be applicable to the city. Coverage maintained or procured pursuant to an encroachment permit and/or encroachment license agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers. The City’s Risk Manager may from time to time modify the limits of the required insurance coverage and/or request evidence of coverage. B. The city, its elected or appointed officers, officials, agents, employees, and volunteers are to be named as additional insureds with an endorsement in favor of the city. In the case where coverage is provided by a homeowner’s liability policy, the city its elected or appointed officers, officials, agents, employees, and volunteers will be named as an additional insured, with respects to liability coverage. C. Coverage provided by permittee 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 the city before the city's own insurance or self- insurance shall be called upon to protect it as a named insured. D. A severability of interests provision must apply for all additional insureds ensuring that permittee’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. E. None of the coverages required by this section 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 in writing. F. If permittee maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by permittee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to city. G. The director may authorize utility companies and local governmental entities to provide a long-term certificate covering any such operations by the insured within the city. The insurance provisions of this section shall not apply to contracts for public works of improvement entered into by the City, as provided in Government Code Section 53080. 12.040.130 - Liability for damages. A. The permittee shall be responsible for all liability imposed by law for personal injury or property damage caused by work permitted and done by permittee under the permit, or proximately caused by failure on permittee's part to perform his or her obligations under such permit in respect to maintenance. If any claim of such liability Item 1F-8 Ordinance No. 1394 Page 8 is made against the city, its officers or employees, permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law. B. The owner of an encroachment not authorized by permit shall be responsible for all liability for personal injury or property damage proximately caused by the owner relating to the placement, installation, construction, or maintenance of the unauthorized encroachment, or proximately caused by failure on the owner's part to perform his or her obligations to maintain and repair such encroachment. If any claim of such liability is made against the city, its officers or employees, the owner shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law. 12.04.140 - Fees. The schedule of fees will be those recommended by the director and established and adopted by the city council from time to time by resolution. Before a permit is issued the applicant shall deposit with the city, cash or a check, in a sufficient sum to cover the fee for issuance of the permit, charges for field investigation, and the fee for necessary inspection, all in accordance with schedules established and adopted by the city council. 12.04.150 - Term of permit. The permittee shall contact the city to schedule an inspection to occur within ninety (90) days of permit issuance. The permit shall expire ninety (90) days from the inspection date, unless a different period is stated in the permit or an extension is granted after application to the director. A permit for continuing a use or maintaining an encroachment previously authorized except when issued to a public agency or a public utility holding a franchise from the city, shall be valid for a term of one (1) year from date of issuance, unless sooner terminated by discontinuance of the use or removal of the encroachment for which the permit was issued. 12.04.160 - Termination by city. The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the director finds that the delay in the prosecution of completion of the work or use authorized is due to lack of diligence on the part of the permittee, he or she may cancel the permit and restore the right-of-way to its former condition. The permittee shall reimburse the city for all expenses incurred by the city in restoring the right-of-way. 12.04.170 - Display of permit. A. The permittee shall keep any permit issued pursuant to this chapter at the site of work, or in the cab of a vehicle when movement thereof on a public street is involved, and the permit must be shown to the director or any law enforcement officer on demand. Item 1F-9 Ordinance No. 1394 Page 9 B. A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity, but shall be made available to the director or any law enforcement officer within a reasonable time after demand therefor is made. 12.04.180 - Change in permit. No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the director. 12.04.190 - Cash deposits or bonds. If required by the director, and before a permit is effective, the permittee shall deposit with the director, or agent authorized by resolution of the city council, a cash deposit or an approved surety bond, in the sum to be fixed by the director as sufficient to reimburse the city for costs of restoring the right-of-way to its former condition, based on the schedules, if any, adopted by resolution of the city council. 12.04.200 - Annual bond. In lieu of repeated individual bonds which may be required pursuant to Section 12.04.190, the permittee may, upon approval by the director, annually file with the director a cash deposit or an approved surety bond issued by a company authorized to do a general surety business in the state, in a sum fixed by the director as sufficient to reimburse the city for expenses to be incurred in restoring the right-of-way to its former condition, subject to the schedules, if any, adopted by resolution of the city council. 12.04.210 - Additional bond or cash deposit. The director may require an additional bond or cash deposit at any time when in his or her opinion the amount of the bond or cash deposit previously made is insufficient, subject to the schedules, if any, adopted for that purpose by the city council. 12.04.220 - Condition of bond or cash deposit. The condition of any bond or cash deposit made pursuant to Sections 12.04.190 through 12.04.210 shall be that the permittee will diligently and in good faith comply with this chapter and the terms and conditions of the permit. 12.04.230 - Bond payable to city—Release of bond or cash deposit. Any bond or cash deposit required pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, the bond or cash deposit shall be released. 12.04.240 - Encroachment license agreements. A. Applications for encroachment license agreements under this section shall be made in accordance with procedures established by the director. Applications shall be Item 1F-10 Ordinance No. 1394 Page 10 accompanied by such detailed plans, specifications, schedules, and estimates as may be required to determine the nature and extent of the encroachment and the applicable fees. B. All encroachment license agreement applications shall be subject to the review and approval of the director. C. Each Licensee shall notify all affected public utilities of the Licensee’s request to encroach upon the city right-of-way and shall coordinate with the public utilities in order that any necessary relocations of existing facilities may be done in an orderly fashion without interrupting the continuity of service or endangering life or property. D. An encroachment license agreement shall expire on the date specified therein. E. As part of the encroachment license agreement application, the director may require a cash bond or approved surety bond issued by a company authorized to do a general surety business in the state in a penal sum to be fixed by the director as sufficient to reimburse the city for all expenses which are or might be incurred by the city in making the right-of-way safe and convenient for the travel of the general public, subject to the schedules, if any, adopted by resolution of the city council and in effect at the time of application for a permit. 12.04.250 - Notification of beginning of work. Before beginning any work or encroachment, the permittee shall notify the director at least twenty-four (24) hours prior to beginning such work. 12.04.260 - Erection and maintenance of safety provisions. A permittee, during the work, use or maintenance of a permitted encroachment, shall provide, erect, and/or maintain appropriate safeguards to protect the traveling public. If the director finds that suitable safeguards are not being provided, the city may provide such safeguards or may cancel the permit and restore the right-of-way to its former conditions, all at the permittee’s expense. Any warning signs, lights and other safety devices shall conform to the California Manual on Uniform Traffic Control Devices. 12.04.270 - Care of drainage. If the work, use or encroachment authorized in the permit issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the director. 12.04.280 – Obstruction of sidewalks and ramps on weekends. If the work, use, or encroachment authorized in the permit issued pursuant to this chapter will cause a sidewalk and/or ramp to be closed, blocked, or unusable by the public during a weekend(s), permittee must first obtain written authorization from the director. 12.04.290 - Interference with travel of general public. Item 1F-11 Ordinance No. 1394 Page 11 All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public at the place where the work or use is authorized; and at no time shall a public street be closed, or the use thereof denied the general public, or shall access to adjacent private property be cut off, without the prior permission of the director. 12.04.300 - Restoring of street and maintenance of encroachment. A. Upon completion of the work, acts or things for which the permit was issued, or when required by the director, the permittee shall replace, repair or restore the public street at the place of work to the same conditions existing prior thereto unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused or placed upon the right-of-way of the public street under the permit, and shall do any other work or perform any act necessary to restore the public street to a safe and usable condition. B. After completion of all work, the permittee shall exercise reasonable care in inspecting and maintaining the area affected by the encroachment. For a period of one (1) year after the completion of the work the permittee shall repair and make good any injury or damage to any portion of the street which occurs as a result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit the permittee agrees to comply with the above. The permittee shall, upon notice from the director, immediately repair any injury, damage or nuisance, in any portion of the right-of-way, resulting from the work done under the permit. In the event that the permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the permittee can be notified or can respond to notification, the city may, at its option, make the necessary repairs or replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of such work. 12.04.310 - Relocation or removal of encroachments. When relocation, removal, or abandonment is required of an installation or encroachment,, the permittee or other person or entity owning, controlling or maintaining such installations or encroachments shall relocate, remove or abandon the same at his or her sole expense., When removal, relocation, or abandonment is required, the director shall give such permittee or other person or entity a written demand that the installations or encroachment must be removed, relocated or abandoned. If such permittee or other person or entity fails to comply with such instructions, the city may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee or other person or entity. 12.04.320 - Standards, supervision, and inspection. Item 1F-12 Ordinance No. 1394 Page 12 All work done under a permit issued pursuant to this chapter shall conform to standards established by the city council, director, or city engineer, or in the absence of established standards, to recognized standards of construction and approved practices in connection with the work to be done. The city engineer is authorized to use and implement the Palm Desert Infrastructure Guidelines, as amended. All work shall be done subject to the supervision of, and to the satisfaction of, the director. 12.04.330 - Abandonment of pipes, conduits and appurtenances. Whenever any pipe, conduit, duct, tunnel or other equipment or structure located under the surface of any public street, thoroughfare or other public place, or the use thereof, is abandoned, the person or entity owning, using, controlling or having an interest in same shall, within thirty (30) days after such abandonment, file in the office of the director a map giving in detail the location of the pipe, conduit, duct, tunnel or other equipment or structure so abandoned. Upon written demand by the city, the abandoned equipment shall be removed or the public street, thoroughfare, or other public place be filled in by such person or entity which abandoned the facility, and at no cost to the city. 12.04.340 - Poles and transmission line carriers. A. Clearance and types in the construction of poles and transmission line carriers shall be in accordance with rules, regulations and orders of the public utilities commission and other public agencies having jurisdiction. B. No guy wires shall be attached to trees without specific authorization to do so in the permit, and in no event shall guy wires be so attached as to girdle the tree or interfere with its growth. Guy wires shall not be below the minimum elevation above the ground prescribed in the rules, orders and regulations of the public utilities commission. C. When a pole, brace, stub or similar timber is removed and not replaced, the entire length thereof shall be removed from the ground and the hole backfilled and compacted. 12.04.350 - Movement of vehicles. When authorized by a permit issued pursuant to this chapter to move a vehicle or combination of vehicles or load of dimension or weight in excess of that permitted by law, the permittee shall comply with the general law regulating travel over a public street, including posted signs or notices which limit speed or direction of travel, or weight which may be placed upon a structure or the width or height that may be moved thereon or there over, or otherwise restricting or controlling travel on a public street. The permittee shall at all times conform to and abide by the practice and procedure necessary to make safe and convenient the travel of the general public, and to keep safe and preserve the public highway over and on which movement is being made. Any violation of this section shall cancel the permit issued to the permittee. (This section shall not be deemed to apply to house-moving so long as such subject is regulated elsewhere in this code.) Item 1F-13 Ordinance No. 1394 Page 13 12.04.360 - Mailboxes in rights-of-way. No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right-of-way so long as the mailbox and its placement comply with the rules and regulations of the United States Postal Service and as approved by the director. 12.04.370 - Regulations for the maintenance of any public right-of-way. All landowners, lessors, lessees, and residents of any property bordering, adjoining or contiguous to a public right-of-way shall maintain all surface areas within the right-of-way, including sidewalks and curbs, in a clean, safe and efficient manner. Maintenance shall include, but not be limited to, removal of trash and debris, trimming trees so as not to prevent safe and unobstructed pedestrian and vehicle travel, tree limbs and vegetation trimmed back from the edge of streets, alleys, and sidewalks at least eight (8) feet above sidewalks and at least fourteen (14) feet above streets and alleys, and keeping all grass and weeds trimmed or mowed to a height not to exceed twelve (12) inches. 12.04.380 - No permit required for lawns—Restrictions. Notwithstanding anything contained herein to the contrary, any person may plant and maintain a lawn of any grass, or type not prohibited by other law, within the right-of- way of a public street without a permit. However, the lawn shall not extend into the traveled way of any public street nor into drainage ditches, gutters or other drainage facilities. The general public may not be denied the use of the planted area for pedestrian or other lawful travel. The city may use the planted area for any purpose whatever, and may issue a permit to any applicant to go thereon to perform work or otherwise encroach pursuant to this chapter. If the lawn is damaged or disturbed in the course of an authorized encroachment, it shall be removed and replaced by the permittee unless the permit specifically states otherwise. 12.04.390 - Monuments. No person shall remove or disturb or cause to be removed or disturbed any monument or tie point set for the purpose of locating or preserving the lines and/or elevation of any public street or right-of-way, property subdivision, or a precise survey point or reference point, without first obtaining permission from the director to do so. Replacement of removed or disturbed monuments or tie points shall be at the expense of the permittee. 12.04.400 - Publication vending machines—Permit required. A. For the purposes of this chapter, publication vending machine means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including, but Item 1F-14 Ordinance No. 1394 Page 14 not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records. B. No person shall install, place, use or maintain any publication vending machine in or on any right-of-way without first having obtained a permit as required by this chapter, or without such permit being in full force and effect. C. No person who has installed, placed, used or maintained any publication vending machine in or on any right-of-way shall fail, refuse or neglect to comply with all standards and requirements specified in this chapter or in regulations duly adopted by the city manager pursuant to authority delegated by this chapter, nor shall any such person fail, refuse or neglect to comply with all terms and conditions of any applicable permit issued pursuant to this chapter. 12.04.410 - Franchises. Every person having a franchise, special permit, license or other effective permission to erect, construct, place and maintain utilities or other facilities or equipment within public streets or rights-of-way of the city, shall not by reason of such permission be deemed to be relieved from the requirements and provisions of this chapter. 12.04.420 - Suspension or revocation of permit. Any permit issued pursuant to this chapter may be suspended or revoked upon recommendation of the city engineer to the director where it is found that: A. The permittee has violated any provision of this chapter, or of any agreement entered into with the City related to the permit, including an encroachment license agreement; or B. The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or C. The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City’s right-of-way; or D. The encroachment is causing the City to incur substantial additional maintenance costs; or E. Material misrepresentations were made in the application for the permit. 12.04.430 – Violation, penalties. A. Violation. No person, firm, corporation, or other responsible entity, or agent thereof, shall violate any provision, restriction, or requirement of this chapter, any technical standard, rule, or regulation promulgated pursuant thereto, or any condition of any permit issued pursuant to this chapter. Each such entity shall be guilty of a separate offense for each and every day during any portion of which the violation or failure to Item 1F-15 Ordinance No. 1394 Page 15 comply is committed, continued, permitted, suffered, or maintained, and shall be punished accordingly. B. Infraction. The city may issue an infraction citation to any person who has committed, continued, permitted, suffered, or maintained a violation this chapter. Any person violating any provision of this chapter shall be guilty of an infraction and shall be punishable by; 1. a fine not exceeding two hundred and fifty dollars ($250) for the first violation; 2. a fine not exceeding five hundred dollars ($500) for a second violation; and 3. a fine not exceeding one thousand dollars ($1,000) for each subsequent violation of this chapter during a twelve (12) month period. C. Misdemeanor. After a third violation of this chapter in a twelve (12) month period, the city may issue a misdemeanor citation to any person who has committed, continued, permitted, suffered, or maintained a violation this chapter. Any person convicted of a misdemeanor under this chapter shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. D. Administrative Citation. The city may issue an administrative citation to any person who has committed, continued, permitted, suffered, or maintained a violation of this chapter. Each administrative citation may include administrative fines for more than one violation. Nothing in this section shall preclude the city from also issuing an infraction or misdemeanor citation, as set forth above, upon the occurrence of the same offense on the same day. Any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to: 1. an administrative fine in an amount not to exceed two hundred fifty dollars ($250) for the first violation; 2. an administrative fine in an amount not to exceed five hundred dollars ($500) for a second violation issued for the same offense within a twelve-month period of the date of the first offense; and 3. an administrative fine in an amount not to exceed one thousand dollars ($1,000) for a third and any subsequent violation issued for the same offense within a twelve-month period of the date of the first offense. E. Public Nuisance. The violation of any provision of this chapter shall constitute a public nuisance subject to abatement in any manner authorized by law, including, but not limited to summary abatement by the director.” Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to Item 1F-16 Ordinance No. 1394 Page 16 be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. Section 4. California Environmental Quality Act Finding. The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that the amendments to Chapter 12.04 are 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 indirectly 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 physical change to the environment, directly or indirectly as it is administrative and technical in nature and does not constitute approval of any particular project. Section 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. ADOPTED ON MAY 25, 2023. ________________________________ KATHLEEN KELLY, MAYOR ATTEST: ________________________________ ANTHONY J. MEJIA CITY CLERK Item 1F-17 Ordinance No. 1394 Page 17 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1394 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on May 11, 2023, and adopted at a regular meeting of the City Council held on May 25, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________________. ANTHONY J. MEJIA CITY CLERK Item 1F-18 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Niamh M. Ortega, Assistant City Clerk REQUEST: SECOND READING AND ADOPTION OF ORDINANCE NO. 1395 AMENDING THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK FORCE MEMBERSHIP RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1395. BACKGROUND/ANALYSIS: On May 11, 2023, the City Council introduced Ordinance No. 1395 for first reading. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption. FINANCIAL IMPACT: There is no direct financial impact associated with this action. REVIEWED BY: City Clerk: Anthony J. Mejia City Manager: Todd Hileman ATTACHMENTS: 1.Ordinance No. 1395 Item 1G- 1 ORDINANCE NO. 1395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE RELATIVE TO THE HOMELESSNESS TASK FORCE MEMBERSHIP The City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.70.030 Members is hereby amended as follows: “Chapter 2.70 HOMELESSNESS TASK FORCE 2.70.030 Members. The Homelessness Task Force shall be composed of seven members. The members include two members of the business community, two community members (one of which will have lived homelessness experience), one member at-large, the Chair of the Public Safety Commission and the Chair of the Housing Commission or their designees appointed annually. Business, community, and any member at-large shall serve four-year terms. Business members may reside outside of Palm Desert; however, their businesses must be located in Palm Desert. Two City Councilmembers appointed by the Mayor shall serve as liaisons to the Task Force.” SECTION 2. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ADOPTED ON MAY 25, 2023. ______________________ KATHLEEN KELLY MAYOR ATTEST: _____________________________ ANTHONY J. MEJIA CITY CLERK Item 1G- 2 Ordinance No. 1395 Page 2 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1395 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on May 11, 2023, and adopted at a regular meeting of the City Council held on May 25, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________________. ANTHONY J. MEJIA CITY CLERK Item 1G- 3 [This page has intentionally been left blank.] Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Andrea Staehle, Human Resources Manager REQUEST: Request for Approval of Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization effective July 1, 2023 – June 30, 2026 RECOMMENDATION: 1.Approve the Memorandum of Understanding between the City of Palm Desert and the Palm Desert Employee Organization (PDEO) effective July 1, 2023 – June 30, 2026 2.Authorize the City Manager to take actions to implement the Memorandum of Understanding between the City of Palm Desert and PDEO. BACKGROUND/ANALYSIS: The City of Palm Desert (City) recognizes the Palm Desert Employees Organization (PDEO) as the bargaining unit for general non-exempt and exempt non-supervisory employees, and enters into Memoranda of Understanding (MOU) over the years. The MOU between the City and the PDEO, which establishes compensation, benefits, and other working conditions, is set to expire on July 1, 2023. In response to the expiration, the City’s negotiations team commenced meeting with PDEO to discuss a three-year MOU. The City and PDEO’s negotiations team started meeting in February 2023, and agreed upon tentative agreements in May 2023. The negotiations were collaborative from both sides, with open and honest discussions regarding areas of concern. The tentative agreements are a reflection of negotiations in which both parties recognized fiscal responsibility and benefits to retain the City’s stellar employees. On May 16, PDEO membership voted unanimously to approve the MOU. A summary of the tentative agreements include: •Three Year Term: July 1, 2023 – June 30, 2026 •COLA: 3.5% (July 1, 2023); 3.25% (July 1, 2024); 3.0% (July 1, 2025) •Y-Rated employees receive a lump sum of salary based on COLA percentage. •Bilingual Pay: $25 per pay period (test to confirm) •457 Match: $100 per month •Holidays: Christmas Eve and New Years Eve are full days; add a floating holiday •Employees required to work July 4 will receive an additional floating holiday to be used the same year. •Medical Opt. Out Compensation: $250 single; $500 employee+ •Stand By Compensation: Separate occurrences of stand by and call out; work 2 hours, then receive overtime. Item 1H-1 City of Palm Desert Approval of City and PDEO MOU Page 2 of 2 The City is requesting approval of the MOU, as well as authority for the City Manager to implement the MOU. FINANCIAL IMPACT: The fiscal impact of the MOU for all employees is estimated at $2,198,783 over the three (3) year time period. The funds for the approved MOU will be budgeted within the appropriate fiscal year. REVIEWED BY: Department Director: Andrea Staehle Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Exhibit A: City of Palm Desert and PDEO Memorandum of Understanding effective July 1, 2023 – June 30, 2026 Item 1H-2 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 1 of 12 ARTICLE 1 – TERMS OF AGREEMENT This Memorandum of Understanding (MOU) shall be binding on the City and the PDEO when approved by the PDEO general membership and the City Council. Except as otherwise provided herein, this MOU shall be in full force and effect for a term of three years, from July 1, 2023 through June 30, 2026. Any employment policies, practices and/or benefits that were in effect as of the date of signing of this MOU shall be deemed incorporated into this MOU, unless otherwise stated herein. The parties agree that the disciplinary and grievance procedures set forth in the City’s Personnel Ordinance shall govern during the term of this Memorandum of Understanding. In the event of a conflict between the MOU and an existing policy and/or practice, this MOU provision shall govern. The City and the PDEO agree that this MOU contains all of the covenants, stipulations, and agreements of the parties. The City shall meet and confer in good faith with the PDEO on all matters related to the salaries, benefits and other terms and conditions of employment, in accordance with the Myers-Milias-Brown Act. ARTICLE 2 – AMENDMENTS AND MODIFICATIONS 2.1 Modification The City and the PDEO agree, understand and reserve the right, to meet and confer in good faith, at any time, with respect to any subject or matter covered in this MOU in order to amend or make modifications to this MOU. Any changes to this MOU must be approved by the PDEO general membership and City Council. 2.2 Severance Clause In the event that a court finds any provision(s) of this MOU to be invalid, unenforceable, or contrary to law, such provision shall be severed from this MOU and will not be applicable, performed, or enforced, except to the extent permitted by law. The parties agree that all the other provisions of this MOU shall remain in effect. The parties further agree to meet and confer in good faith for purposes of negotiating an alternative to any severed provision. Item 1H-3 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 2 of 12 ARTICLE 3 - REPRESENTATION In accordance with the MMBA and the EERO, the City of Palm Desert recognizes the PDEO as the exclusive representative of all general and non-supervisory employees as listed in Appendix A of this agreement. The PDEO recognizes the City Manager as the exclusive representative for the City for purposes of entering into this MOU. ARTICLE 4 - COMPENSATION 4.1 Compensation The Grade, Step and Wage Rates Schedule for employees covered by this Agreement is set forth in the Allocated Positions and Salary Resolution adopted by the City Council. Salaries will be increased by the following amounts on the first full pay period following the effective date: A.July 1, 2023: The salary schedule will increase by 3.5% and employees not “y-rated” shall receive a 3.5% increase, and employees who are “y-rated,” shall receive a one-time stipend of up to 3.5% of base salary. B.July 1, 2024: The salary schedule will increase by 3.25% and employees not “y-rated” shall receive a 3.25% increase, and employees who are “y- rated,” shall receive a one-time stipend of up to 3.25% of base salary. C.July 1, 2025: The salary schedule will increase by 3.0% and employees not “y-rated” shall receive a 3.0% increase, and employees who are “y-rated,” shall receive a one-time stipend of up to 3.0% of base salary. 4.2 Night Differential Pay Employees who are assigned to perform their duties between the hours of 6:00 p.m. and 6:00 a.m. for a special project (and for whom the majority of hours fall after 6:00 p.m.) are eligible for night differential pay at the rate of $2.50 per hour. This does not apply to employees assigned to standby duty and receiving standby pay. Item 1H-4 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 3 of 12 Night differential pay will be subject to the following regulations: •Night Differential schedules must be pre-approved by the Department Head; •Night Differential amount paid will be $2.50 per hour; •Employees on “stand-by” and receiving stand-by pay who are called back to work are not eligible for Night Differential, because they have already been compensated through the ‘stand-by’ and ‘call-back’ provisions; •In order to qualify, the majority (greater than 50%) of the work must be performed between the hours of 6:00 p.m. and 6:00 a.m. 4.3 Working on Holidays A. Non-exempt employees may be paid at the overtime rate when required to work on a scheduled holiday. In order to receive the overtime rate for holiday work the following conditions must be met: •The employee must work at least forty (40) hours in the same workweek the holiday falls in (holiday hours count towards hours worked when computing the total for the workweek); •The employee cannot have been scheduled an alternate day off in the same workweek; •If the employee takes sick or vacation time during the same workweek, such time shall not be counted as hours worked for the computation of overtime. B.Employees scheduled to work on the July 4 holiday shall be credited with an additional floating holiday (eight hours), which must be used during the same calendar year. 4.4 Stand By and Call Back Pay When a nonexempt employee is scheduled for uncontrolled standby duty, such employee will be considered to be on-call. “On-call” means and includes that period of time, other than regularly scheduled work time, during which an employee may be called back to provide services that are the responsibility of the department in which the employee is employed. Item 1H-5 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 4 of 12 During this period of “on-call”, the employee is free to engage in the employee’s regular activities so long as the employee is available to respond by phone or email within a reasonable period of time, typically one hour, and is in a condition to work. Such employee shall be compensated by a payment at the employee’s regular rate of pay in the workweek in which standby duty was incurred in accordance with the following: A.Two hours per day, each weekday; B.Three hours per day, each Saturday, Sunday or holiday. “Callback” means and includes those occasions when a nonexempt employee reports to duty during off-duty hours responding to a city request made after the employee has completed the normal shift and left the workstation. When a nonexempt employee is called back for duty during off hours, such employee shall receive a minimum of two hours for all work performed plus time worked in excess of two hours. Such employee shall be compensated by a payment at the rate of one and one-half times the employee’s regular rate of pay in the workweek that callback duty incurred. For purposes of callback, time spent by the employee in traveling to and from the employee’s place of residence to the work area shall not be considered hours worked. 4.5 Bilingual Pay Employees who have the ability to provide bilingual services in Spanish or a City Manager-approved second language may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the appropriate department head and approved by the City Manager or designee in writing. Designated employees shall receive a stipend of $25 per pay period. Eligible employees must successfully complete an initial assessment test to receive such designation. An employee who fails the assessment test may re-take the test every six (6) months. Employees on any form of leave time in excess of (1) month shall be ineligible to receive bilingual pay until the employee returns to duty. Item 1H-6 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 5 of 12 Employees receiving bilingual pay may be used by any department to provide bilingual services. 4.6 Deferred Compensation (457b) Match The City shall provide a 457b plan intended to assist in planning for retirement. The City agrees to match unit members’ contributions up to $100 per month (NTE $1,200 per calendar year). ARTICLE 5 – BENEFITS The City’s Personnel Ordinance shall govern eligibility for benefits. Benefits in place on July 1, 2023 shall continue during the term of this agreement unless the PDEO and City meet and confer, and reach agreement, on proposed changes. 5.1 Employee Flexible Benefits – “Cafeteria Plan” The City shall provide its employees with health, vision, and dental plan benefits through an IRS Section 125 Flexible Benefits Plan. This plan is referred to as the “Cafeteria Plan” because it offers a “menu” of benefits choices. The plan provides premium coverage for health, dental and vision insurance plans. In addition, the City will provide a flat $75.00 monthly flex plan credit to the cafeteria plan which can be used toward the purchase of benefits, placed in a Flexible Spending Account or received as taxable cash via payroll. Employees who choose the lowest cost health plan available are eligible for additional flex plan credits, with the amount based on family size as follows: Single: $50 monthly Two-Party: $75 monthly Family: $100 monthly Those employees who ‘opt out’ of the City provided health plans and provide proof of coverage elsewhere and coverage participants, shall receive a flat monthly stipend as followed: Single: $250 monthly Employee +1 or more: $500 monthly (a)Health Insurance Benefits Item 1H-7 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 6 of 12 The Flexible Benefits Plan will provide premium coverage (with no employee contribution) for employees and their dependents who choose a plan other than the most expensive plan offered. Employees who choose the most expensive plan will be responsible for paying the difference in premium the 2nd most expensive plan and the selected plan. Eligible dependents for Health Care Coverage are defined by CalPERS and include spouse, domestic partner, and children (including foster, step and economically dependent) up to age 26. (b)Dental Benefits The City shall provide its employees and eligible dependents with Dental Benefits. Eligible dependents for Dental coverage are spouse, domestic partner and children (including foster, step and economically dependent) up to age 26. The basic Dental benefit shall provide a maximum dollar limit of $2,000 per year along with additional orthodontia and implant coverage ($1,000 lifetime benefit at a 50% co-pay). (c)Vision Benefits The City shall provide its employees and eligible dependents with Vision benefits. The plan will provide basic exams and single vision lenses annually. It will also provide frames, up to $180.00, every 24 months. The benefit will include an option for contact lenses. Eligible dependents for Vision coverage are spouse, domestic partner and children (including foster, step and economically dependent) up to age 26. 5.2 Retiree Health Stipend Program The City offers a Retiree Health Stipend Program to assist long-term employees, hired on or before December 31, 2014, in offsetting the cost of health insurance in retirement. The program’s provisions are dependent on hire date and are set forth in a Resolution adopted by City Council and included here as Appendix B. a. Funding for the Retiree Health Stipend Program The City maintains an independent trust fund for the purpose of providing retiree health stipend payments. An actuarial report is used to determine the funded status of the plan, which is reported in accordance with Governmental Accounting Standards Board (GASB) Statement 45. Future contributions to the fund will be subject to actuarial reporting and Council approval during the yearly budget process. Item 1H-8 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 7 of 12 5.3 Retiree Health Savings Plan (RHSP) and 401a Plan for Post-Retirement Health Benefits Employees hired on or after January 1, 2015 are automatically enrolled in the City’s Retiree Health Savings Plan and subject to a mandatory contribution of 1% of base salary. The City will contribute a matching 1% of base salary to the plan. City contributions are subject to a five-year vesting schedule. The plan is subject to IRS regulations and contributions are non-elective. Employees may direct the investments of their individual accounts. The intended purpose of the plan is to provide employees with a tax advantaged savings vehicle for post-retirement health benefit premiums. Employees hired after January 1, 2015 are also eligible to participate in a 401A plan for tax deferred savings. Employees may contribute up to 10% of salary and the City will make a matching contribution of up to 2% of salary. This plan is subject to IRS regulations. Elections must be made within thirty (30) days of hire and are non-revocable. 5.4 Short Term Disability Insurance The City agrees to offer a voluntary program of Short Term Disability Insurance which interested employees may purchase through payroll deduction. This plan is not intended to take the place of accrued sick leave. It is provided as a “safety net” for those employees who choose to purchase it. 5.5 California Public Employees Retirement System (CalPERS) Contract Employees hired BEFORE September 1, 2011: Regular employees hired prior to September 1, 2011 will be enrolled in CalPERS under the retirement formula of 2.7% at age 55. Employees shall pay 8% of salary, employee portion, to CalPERS. Along with the 2.7% @ 55 formula the following benefits are included in the CalPERS contract for employees hired prior to September 1, 2011: a.Post-Retirement Survivor Allowance (PRSA) 50%. Upon the death of a retiree, the PRSA, 50% of the unmodified allowance, will continue to an eligible survivor. – Section 21624/21626 b.Increased Level of 1959 Survivor Benefits (level 2) (Benefit payable to eligible survivors if the member’s death occurs during employment.) – Section 21572 Item 1H-9 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 8 of 12 c.Credit of Unused Sick Leave. Any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave, provided there is less than 120 days between the member’s separation date and retirement date. – Section 20965 d.Industrial Disability Retirement. A miscellaneous member may qualify for an Industrial Disability Retirement (IDR) if they are unable to perform the duties of their job because of a job-related injury or illness. – Section 21151 e.Improved Non-Industrial Disability Allowance. If a member retires on a non-industrial disability, the allowance would be equal to 30% of final compensation for five (5) years of service credit and 1% for each additional year of service credit to a maximum of 50% of final compensation. – Section 21427 f.One-year Final Compensation (Final compensation calculated using the last (or highest) twelve (12) consecutive monthly pay rates.) – Section 20042 g.COLA 2% - Beginning the second calendar year after the year of retirement, retirement and survivor allowances will be annually adjusted on a compound basis of 2% maximum. However, the adjustment may not be greater than the change in the Consumer Price Index. – Section 21329 h.Retired Death Benefit $500 – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s designated survivor(s), or to the retiree’s estate. – Section 21620 Employees hired between September 1, 2011 and December 31, 2012 and Classic Members: Regular, full-time employees hired between September 1, 2011 and December 31, 2012 and regular part-time employees who worked more than 1,000 hours, as well as Classic Members as referenced below, will be enrolled in CalPERS under the retirement formula of 2% at age 55. Employees in this tier pay 7% of salary to CalPERS. Along with the 2% @ 55 formula, the following benefits are included in the CalPERS contract for these employees: a.Post-Retirement Survivor Allowance (PRSA) 50%. Upon the death of a retiree, the PRSA, 50% of the unmodified allowance, will continue to an eligible survivor. – Section 21624/21626 Item 1H-10 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 9 of 12 b.Increased Level of 1959 Survivor Benefits (level 2) (Benefit payable to eligible survivors if the member’s death occurs during employment.) – Section 21572 c.Credit of Unused Sick Leave. Any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave provided there is less than 120 days between the member’s separation date and retirement date. – Section 20965 d.Industrial Disability Retirement. A miscellaneous member may qualify for an Industrial Disability Retirement (IDR) if they are unable to perform the duties of their job because of a job-related injury or illness. – Section 21151 e.Improved Non-Industrial Disability Allowance. If a member retires on a non-industrial disability, the allowance would be equal to 30% of final compensation for five (5) years of service credit and 1% for each additional year of service credit to a maximum of 50% of final compensation. – Section 21427 f.COLA 2% - Beginning the second calendar year after the year of retirement, retirement and survivor allowances will be annually adjusted on a compound basis of 2% maximum. However, the adjustment may not be greater than the change in the Consumer Price Index. – Section 21329 g.Retired Death Benefit $500 – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s designated survivor(s), or to the retiree’s estate. – Section 21620 Employees hired AFTER January 1, 2013: Employees hired on or after January 1, 2013, are subject to the Public Employees Pension Reform Act (PEPRA) and receive benefits as classic or new members based on the terms of PEPRA as defined by CalPERS. . Those designated as “New” members (no prior CalPERS service or greater than a six-month break in service) are enrolled in the retirement formula 2% @ 62 and subject to the terms outlined in PEPRA. Members defined by CalPERS as “Classic” (those with qualifying CalPERS service within the prior six months) are enrolled in the retirement formula 2% @ 55 as noted above. 5.5 Sick Leave Accrual and Maximums Item 1H-11 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 10 of 12 All employees hired on or after July 1, 2017, shall be subject to a maximum sick leave accrual of 500 hours. Such employees who reach the maximum shall cease to accrue sick leave until such time as their balance falls below 500 hours, at which time they will begin accruing at the normal accrual rate until they reach the maximum. Employees hired on or BEFORE June 30, 2017: Beginning July 1, 2023, employees hired on or before June 30, 2017, shall be subject to a maximum sick leave accrual of 500 hours with the following provisions: a.Employees having more than 500 hours will cease to accrue sick leave until such time as their balance falls below 500 hours, at which time they will accrue the regular accrual rate per pay period until they reach the maximum. b.Hours in excess of 500 will not be forfeited. They will remain in the employee’s account and may be used for paid sick leave or converted to pension service credit at retirement (subject to the rules of both programs.) c.Only forty hours per calendar year in excess of 500 will be eligible for “cash-out” on or after July 1, 2023, as agreed upon by both parties. The balance up to 500 hours may be cashed out according the schedule contained in Palm Desert Municipal Code (PDMC) Section 2.52.710. 5.6 Vacation Leave Accrual and Maximums All employees hired on or after July 1, 2017, shall be subject to the following vacation accrual schedule: •All employees - two-weeks + 1 day per year of service, up to a maximum of 10 additional days per year (total of 20 days per year); •Group B (mid-management) – additional one week for up to a maximum of 25 days per year; •Group A (management) – additional two weeks for up to a maximum of 30 days per year. •Group X – per contract. All employees hired on or after July 1, 2017 shall be subject to a maximum accrual balance equal to two times their annual accrual rate. At no time may their balance exceed that amount. If the maximum is reached the employee will cease to accrue vacation leave until such time as their balance drops below the maximum (this can occur at any time during the year.) Item 1H-12 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 11 of 12 6.Holidays For the duration of the MOU, Christmas Eve and New Years Eve are declared full- day holidays in accordance with PDMC 2.52.700. City Hall will be closed on these days, and full-time employees shall be credited with eight (8) hours of holiday pay for each day. For employees on the alternative work week, and if scheduled to work nine (9) hours, the employee can either use one hour of vacation, floating holiday, or comp time OR work an additional hour during the week of the holiday, with approval from his/her supervisor. Additionally, during the duration of the MOU, employees shall receive an additional floating holiday (8 hours) for a total of two floating holidays (16 hours) per calendar year. Item 1H-13 City of Palm Desert and PDEO MOU July 1, 2023 – June 30, 2026 Page 12 of 12 Attachment A – Represented Positions Accountant Accounting Technician I/II Administrative Assistant I/II Assistant Planner I/II Associate Planner I/II Business Enterprise Systems Administrator Building Inspector I/II Buyer Chief Inspector Code Compliance Officer I/II Communications Analyst I/II Deputy Clerk I/II Executive Assistant (non-confidential) Facilities Specialist Housing Program Technician Land Development Technician Landscape Inspector Street Maintenance Worker I/II Street Maintenance Worker/Equipment Operator III Management Analyst I/II Marketing Specialist Office Assistant I/II Permit Technician I/II Project Manager Project Technician Public Works Inspector I/II Receptionist Records Coordinator Senior Administrative Assistant Senior Building Inspector Senior Deputy Clerk Senior Facilities Specialist Senior GIS Administrator Senior Information Systems Administrator Senior Street Maintenance Worker Senior Network Engineer Social Services Coordinator Special Events Coordinator Traffic Signal Specialist Traffic Signal Technician I/II Item 1H-14 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Andrea Staehle, Human Resources Manager REQUEST: Request for Approval of Salary and Benefit Adjustments between the City of Palm Desert and City of Palm Desert’s Unrepresented Employees effective July 1, 2023 – June 30, 2026 RECOMMENDATION: 1.Approve the salary and benefits adjustments in substantial form between the City of Palm Desert and City of Palm Desert’s Unrepresented Employees effective July 1, 2023 – June 30, 2026 2.Authorize the City Manager to take action to implement. BACKGROUND/ANALYSIS: The City of Palm Desert (City) and the Unrepresented Employees, which consist of supervisors, managers, and confidential employees, met to discuss a three-year adjustment regarding compensation, benefits, and other working conditions. The adjustment proposed aligns with the Memorandum of Understanding (MOU) between the City and Palm Desert Employees Organization (PDEO). Summary of adjustment: •Term (3 years) •COLA: 3.5% (July 1, 2023); 3.25% (July 1, 2024); 3.0% (July 1, 2025) •Y-Rated employees receive a lump sum of salary based on COLA percentage. •Bilingual Pay for Confidential Employees: $25 per pay period (test to confirm) •457 Match: $100 per month •Holidays: Christmas Eve and New Years Eve are full days; add a floating holiday •Employees required to work July 4 will receive an additional floating holiday to be used the same year. •Medical Opt. Out Compensation: $250 single; $500 employee+ The City is requesting approval of the adjustment, as well as authority for the City Manager to implement. Item 1I-1 FINANCIAL IMPACT: The fiscal impact of the MOU and adjustments for all employees is estimated at $2,198,783 over the three-year time period. The funds for the approved MOU and adjustment will be budgeted within the appropriate fiscal year. REVIEWED BY: Department Director: Andrea Staehle Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: Exhibit A: Summary of Adjustment between the City of Palm Desert and Unrepresented Employees Item 1I-2 Term: July 1, 2023 – June 30, 2026 COLA Compensa�on • July 1, 2023: Salary schedule increased by 3.5% • July 1, 2024: Salary schedule increased by 3.25% • July 1, 2025: Salary schedule increased by 3.0% Working on July 4 Holiday • Employees scheduled to work on the July 4 holiday will receive an addi�onal floa�ng holiday (8 hours) to use during that calendar year. Deferred Compensa�on Match (457b) • Match contribu�ons up to $100 per month, $1,200 per calendar year. Health Benefits Opt Out • Increased compensa�on for those who opt out of benefits (proof of coverage and coverage par�cipants) o $250 per month (single) o $500 per month (employee +1 or more) Sick Leave Maximum Accrual • Accrue a max of 500 hours; stop accruing hours once reach the maximum • For those hired on or before July 1, 2017, any hours in excess of 500 will be placed in a separate bank to be used for sick leave and/or PERS service credit • Cash out one week of sick leave in excess of 500 per fiscal year Holidays • Christmas Eve and New Years Eve are 8-hour holidays • Receive an addi�onal floa�ng holiday each calendar year Bilingual Pay • For confiden�al employees, $25 per pay period for bilingual pay. Health Benefits • No changes to coverage and plans CalPERS Re�rement • No changes Item 1I-3 [This page has intentionally been left blank.] Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Kevin Swartz, Project Manager REQUEST: AWARD A CONTRACT FOR BUILDING INVENTORY AND ASSET MANAGEMENT SERVICES TO BUREAU VERITAS, INC., IN THE AMOUNT OF $229,986.26 (PROJECT NO. 776-23) RECOMMENDATION: 1. Award a contract for building inventory and asset management services to Bureau Veritas, Inc., the amount of $229,986.26. 2.Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen conditions. 3.Authorize the City Manager or designee to review and approve change order requests for unanticipated conditions up to the contingency amount. 4.Authorize the City Manager or designee to review and approve written contract amendments/extensions. 5.Authorize the Mayor to execute said agreement. BACKGROUND/ANALYSIS: The City owns and maintains eighteen buildings and fifteen park facilities. In 2022, Public Works staff determined that a facility condition assessment was needed due to the age of the buildings and parks. A Facility Condition Assessment (FCA) includes collecting the current conditions of assets such as roofing, mechanical, plumbing, structural, and lighting, and forecasting each asset’s effective age and estimated lifespan. This process will assist with maintenance, cost analysis, and timelines to help Facilities staff build the CIP budget. On March 7, 2023, staff issued a Request for Proposals for building inventory and asset management through the City’s online public bidding portal (OpenGov). A mandatory pre- proposal meeting was held on March 22, 2023, and five (5) consultants were in attendance. The deadline for receipt of proposals was April 6, 2023, and the City received three (3) proposals. Consultant Location Rank Proposal Amount Bureau Veritas Irvine, CA 1 $245,225.40 Roy Jorgensen Associates Irvine, CA 2 $152,159.00 Geovironment Consulting San Jacinto, CA 3 $317,750.75 An internal evaluation committee comprised of staff members from the Public Works and Finance Departments was created. The internal committee ranked Bureau Veritas and Roy Jorgensen Associates as the top two. Based on the cost difference of $93,066 between the two top two proposals, staff set up interviews with the two consultants. Item 1J-1 City of Palm Desert Award Contract for Building Inventory and Asset Management Page 2 of 3 On May 1, 2023, staff conducted the two interviews, and Bureau Veritas was the most prepared and professional in explaining/illustrating their scope of services. Staff concluded that Bureau Veritas was the most qualified consultant even though their fee proposal was higher than Roy Jorgensen Associates. The fee difference is based off Bureau Veritas providing/generating complete Computer Aided Designs (CAD) drawings of the buildings and parks, and not basic building schematics. The complete CAD drawings will be a huge asset for this project in identifying exact asset locations on building plans. Bureau Veritas also has experience/knowledge of Cartegraph; the City’s new asset management software, which Roy Jorgensen Associates did not. Bureau Veritas will offer a turnkey for Cartegraph by uploading the City’s building inventory and asset management data directly into Cartegraph, which will save staffs' implementation time. Additionally, during the interview, Bureau Veritas offered to re-analyze their cost proposal to identify any cost savings, which they ultimately reduced by approximately $15,000 for a new total of $229,986.26. Project Description: The comprehensive project will develop a building inventory, asset inventory, a master maintenance plan, and a cost analysis for all City-owned buildings and park facilities. The project summary is as follows. • Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components. • Identify and document existing condition of all physical assets including grounds, facilities, and infrastructure. • Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories. • Establish anticipated renewal and replacement costs for the various systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Collect Equipment Inventory data for Client properties. • Establish a protocol for facility condition data to migrate/transfer to Cartegraph. • Prepare a Preventative Maintenance Plan for assets to upload to Cartegraph. • Prepare site plans and floor plans. • Geo-locating all assets on site. • Field photos. Item 1J-2 City of Palm Desert Award Contract for Building Inventory and Asset Management Page 3 of 3 Based on the interview, experience, and willingness to reduce their costs, staff recommends awarding a contract to Bureau Veritas, and set aside a $20,000 contingency for unforeseen circumstances. FINANCIAL IMPACT: Funds in the amount of $250,000 were included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2022-23 under Account No. 4504164-4309000, City-owned Buildings/Prof-Other. The project cost, including the $20,000 contingency amount, totals $249,986.26. Therefore, there is no further financial impact to the General Fund. REVIEWED BY: Department Director: Martin Alvarez City Attorney: Isra Shah, Best Best & Krieger, LLP Finance Director: John Ramont for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Professional Services Agreement 2.Consultant Proposal – Bureau Veritas Item 1J-3 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this 25th 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 Bureau Veritas, Inc., with its principal place of business at 220 Technology Drive, Irvine, CA 92618 ("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: BUILDING INVENTORY AND ASSET MANAGEMENT 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 25, 2023, to June 30, 2024, 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 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 Item 1J-4 Contract No. ____________ 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: Erik Piller, Senior Vice President, Bureau Veritas, Inc. 3.2.5 City's Representative. The City hereby designates Randy Chavez, Deputy Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Erik Piller, Senior Vice President, Bureau Veritas, Inc., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and Item 1J-5 Contract No. ____________ 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. 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 Item 1J-6 Contract No. ____________ Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that the 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 the Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Item 1J-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. 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 sub consultants. (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 Item 1J-8 Contract No. ____________ primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D)City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E)Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F)Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G)Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H)Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I)Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J)Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 1J-9 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interest’s provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, Item 1J-10 Contract No. ____________ 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 TWENTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-SIX DOLLARS AND 26/100 ($229,986.26) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies 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 Item 1J-11 Contract No. ____________ public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. Item 1J-12 Contract No. ____________ 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Bureau Veritas, Inc. 220 Technology Drive Irvine, CA 92618 ATTN: Erik Piller, Senior Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Randy Chavez, Deputy Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a 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 Item 1J-13 Contract No. ____________ Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 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 Item 1J-14 Contract No. ____________ City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 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. Item 1J-15 Contract No. ____________ 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 workdays. 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 1J-16 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 1J-17 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND BUREAU VERITAS, 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 BUREAU VERITAS, INC. By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1J-18 1 EXHIBIT "A" SCOPE OF SERVICES REFERENCE ATTACHMENT Item 1J-19 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 25th 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 Bureau Veritas, Inc., with its principal place of business at 220 Technology Drive, Irvine, CA 92618 ("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: BUILDING INVENTORY AND ASSET MANAGEMENT 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 25, 2023, to June 30, 2024, 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 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 Item 1J-20 Contract No. ____________ 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: Erik Piller, Senior Vice President, Bureau Veritas, Inc. 3.2.5 City's Representative. The City hereby designates Randy Chavez, Deputy Director of Public Works, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Erik Piller, Senior Vice President, Bureau Veritas, Inc., or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and Item 1J-21 Contract No. ____________ 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. 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 Item 1J-22 Contract No. ____________ Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that the 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 the Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Item 1J-23 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. 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 sub consultants. (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 Item 1J-24 Contract No. ____________ primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 1J-25 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interest’s provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, Item 1J-26 Contract No. ____________ 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 TWENTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-SIX DOLLARS AND 26/100 ($229,986.26) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies 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 Item 1J-27 Contract No. ____________ public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. Item 1J-28 Contract No. ____________ 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Bureau Veritas, Inc. 220 Technology Drive Irvine, CA 92618 ATTN: Erik Piller, Senior Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Randy Chavez, Deputy Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a 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 Item 1J-29 Contract No. ____________ Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents, and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment, or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 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 Item 1J-30 Contract No. ____________ City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 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. Item 1J-31 Contract No. ____________ 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 workdays. 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 1J-32 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 1J-33 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND BUREAU VERITAS, 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 BUREAU VERITAS, INC. By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1J-34 1 EXHIBIT "A" SCOPE OF SERVICES REFERENCE ATTACHMENT Item 1J-35 2 EXHIBIT "B" SCHEDULE OF SERVICES REFERENCE ATTACHMENT Item 1J-36 EXHIBIT "C" 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 TWENTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-SIX DOLLARS AND 26/100 ($229,986.26) without written approval of the City Council or City Manager, as applicable. Item 1J-37 16 Technical Approach Prior to assessments beginning, Bureau Veritas will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports. During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. BV will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BV will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted. BV has allocated time for regular teleconference meetings and the following meetings: Kick-Off Meeting and a Final Findings Presentation meeting. Any additional in-person meetings will be on a time and expense basis. FIELD ASSESSMENTS The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies. As a part of the walk-through survey, the Team will survey 100% of each facility. BV will survey the exterior and grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventative maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City’s building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated. The Team may also question others who are knowledgeable of the property’s physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property. The Assessment Team will review documents and information provided by the City’s maintenance staff that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions. The Facility Condition Assessment will include the City identified assets and will focus on the following facility and site systems and components: Site + Infrastructure • Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported. • Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. • Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues. Recreational Facilities • Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. • Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported. EV Charging Stations • With information provided by the client document the payment software providing access to the charging station, if any. • Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter. • Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment. • Review the signage, paving and surface materials around the charging stations for deterioration. Playground Areas • Identify the, size, and material structure of all playground equipment at each park facility. • Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed. D. PROPOSED METHOD TO ACCOMPLISH THE WORK Item 1J-38 17 Swim Facilities • Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed. This would include the swimming pool and any structures/facilities associated with the swim amenity. • Observations will include visual inspection of the pumps, water treatment or filtration systems, and heating equipment. Structural Frame + Building Envelope • Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain- wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement. • In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2). Wall Evaluation • Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible. • Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues. Curtain Wall • Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points. • Review provided drawings and records of repair, replacement, and maintenance of framing and glazing. Roofing (Non-Invasive Visual) • Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment. • Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported. • BV understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, BV can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas. Plumbing • Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies. Heating • Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies. Air-Conditioning + Ventilation • Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc. Item 1J-39 18 • Identify material distribution systems (supply and return, make-up air, exhaust) at the property. • Observe general conditions, identify equipment reported age, note past material component upgrades/ replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air- conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies. Electrical • Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. • Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection). • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies. Life Safety + Fire Protection • Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies. Elevators + Vertical Transportation • Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc. • Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. • Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts. Interior Elements • Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc. Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. BV will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported. Food Service Spaces and Equipment • Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement. Special Systems and Equipment • Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems. Suspected Fungal Growth • Perform a limited assessment of accessible areas for suspected fungal growth. If the presence of mold, conditions conducive to mold growth, and/or evidence of moisture. Elevated relative humidity, water intrusion, and mildew-like odors is discovered, affected areas will be photographed and recommendations for any additional moisture intrusion studies will be made. Environmental Features • Review environmental features of the property, to include appearance, cleanliness, acoustics, ventilation, and humidity. Lead-based Paint • Review existing testing data and other documentation regarding lead-based paint available on site (included in the cost of the FCA); evaluate physical condition and develop cost estimates for remediation of paint necessitated by pending renovations. Item 1J-40 19 • Able to provide a licensed lead-based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and yields instantaneous results. Asbestos • Review existing testing data and other documentation regarding asbestos available onsite (included in the cost of the FCA); evaluate physical condition and develop cost estimates for remediation of asbestos likely to be disturbed by renovations. • If asbestos testing is requested, BV will provide a licensed asbestos inspector to collect samples of suspect asbestos-containing materials at the Project as an additional service. Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis. Energy Conservation Analysis • Consider energy conservation savings when making repair or replace recommendations and include these projects in the project prioritization. • Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional service. OPTION: Exhaust Collection Systems (Fire Station) • BV will verify existence of any exhaust collection systems in the apparatus bays. If a system is present, BV will conduct a carbon monoxide (CO) measurement at each exhaust collection system. If the apparatus bay shows evidence of irregular CO/CO2 levels, we will recommend additional testing from an industrial hygienist to determine levels of VOCs, NO2, SO2, CO and diesel exhaust particulates. Additional testing will verify performance standards with fire apparatus idling in bays, on the tarmac, and entering/exiting bays as would occur during normal station operation. Ranking and Classification Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most probably necessitate replacement. Accurate historical replacement records provided by the building system or component manager are typically the best source for this data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventative maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age. BV can rate the condition of each facility with the below rating system, or another City-specified scale: 5 Excellent - No visible defects, new or near new condition, may still be under warranty if applicable 4 Good - Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal - Defective or deteriorated in need of replacement; exceeded useful life 1 Poor - Critically damaged or in need of immediate repair; well past useful life BV can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors. Priority Classes The analysis will include all cost observations be ranked by Priority Classes. The five classes to the right are typical but can be altered to meet your specifications and needs. 1. Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation. 2. Potentially Critical (Years 1-2): Requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation. 3. Necessary—Not Yet Critical (Years 3-5): Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further. 4. Recommended (Years 6-10; Years 15-20) Representing a sensibile improvement to the existing conditions (not required for the most basic function of the facility; however, will improve overall usability and/or reduce long-term maintenance costs. 5. Does Not Meet Current Code (“Grandfathered”): No Action required at this time but should substantial work be undertaken correction would be required. Item 1J-41 20 Uniformat Categories The deficiencies observed will be classified into categories such as those below using the Uniformat System (up to Level 4): A10 Foundations A20 Basement Construction B10 Superstructure B20 Exterior Enclosure B30 Roofing C10 Interior Construction C20 Stair C30 Interior Finishes D10 Conveying D20 Plumbing D30 HVAC D40 Fire Protection D50 Electrical E10 Equipment E20 Furnishings F10 Special Construction F20 Selective Building Demolition Cost Estimating BV’s cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BV, based on historical and localized actual costs. BV maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models. Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel- based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item. A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at Client’s option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects. After determining these costs, we will confirm these costs with your staff. Report Deliverables BV will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life- cycle replacements, and applicable options for repair or maintenance of building components. The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair. The format of the database will allow for reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs. Facility Condition Index A Facility Condition Index (FCI) will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The FCI will be generated from the data collection/capital planning database and will be updated as components age or are replaced. Capital Plan and Financial Analysis of Facilities BV will draft a capital budget including prioritized recommendations to reduce backlog - and can suggest possible phasing based on the City’s available capital and existing projected budgets. Reports will reflect a 5, 10, or 20-year capital plan based on BV’s 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis. The report will include: •An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property’s observed condition and estimated costs assigned by category. Estimated costs shall be cross- referenced to report sections and elaboration of cost issues will be presented. Item 1J-42 21 • Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry-standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract. BV shall also inquire about available maintenance records and procedures and interview current available on-site maintenance staff. • Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis. • FCI number for the building. BV will submit PDF draft reports electronically and once approved and finalized, a program summary report to include a roll-up of all prioritized capital needs across all facilities. BV can deliver bound hard copy final reports and flash drives loaded with the completed reports. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices. CMMS Integration Bureau Veritas will be delivering to Client a live asset management plan that can be maintained and kept up-to- date by staff. BV will provide training to staff on maintaining the on-going monitoring program to track facilities, work performed, re-prioritization of maintenance projects, and how to update this information in the database. The data from the FCA can be exported for data migration to most CMMS/IWMS systems. BV can export the data from our data collection tool to a compatible format (Excel Spreadsheet, Access Database, or SQL format) to be used by the Client’s IT department for future integration. Once your CMMS provides us with their field maps – we can match their data fields and provide a data file for manual upload by your CMMS into their system. Cartegraph Experience Bureau Veritas has extensive experience working directly with Cartegraph and Cartegraph customers to support the OMS facilities module. One of our Project Executives, Michael Hardy, was part of the team that created InVision, which was later purchased by Cartegraph and provided the foundation for the OMS facilities module. A number of BV employees formed an advisory group for Cartegraph to assist them with the integration of FCAs into the facilities module, and BV has worked with several Cartegraph customers to perform FCAs and asset data collection in support of their implementation of the facilities module. No team has more experience helping customers like the City of Palm Desert take advantage of the benefits of using Cartegraph OMS for FCAs and asset management. Geographic Information Systems Bureau Veritas will incorporate the capabilities of Geographic Information Systems (GIS) into our asset data collection as part of the FCA. This integration will enable Cartegraph OMS facilities module to leverage GIS capabilities to utilize Facility Condition Assessments (FCA) data more accurately and efficiently. The proposed solution will improve the overall data collection process and enhance the quality of data collected. Overview: The proposed integration of GIS with data collection for use in Cartegraph OMS facilities module will provide the following benefits: 1. Improved accuracy: The integration of GIS with data collection will enable Cartegraph to capture precise location information about facilities, such as buildings, assets, and infrastructure. This will provide a more accurate representation of the facilities and their condition, resulting in better decision-making. 2. Increased efficiency: The use of GIS technology will help reduce the time and effort required to interact with asset data in Cartegraph OMS. The integration will enable users to collect data quickly and easily by using GIS- enabled mobile devices. 3. Enhanced analysis: The integration of GIS with data collection will enable Cartegraph to perform more advanced analysis of facility data. GIS technology will provide users with the ability to visualize and analyze facility data, such as condition assessments, maintenance activities, and asset inventories. 4. Improved data sharing: The integration of GIS with data collection will provide a more efficient way to share data between different departments and agencies. This will improve coordination and collaboration among stakeholders. Item 1J-43 22 Technical Details: The proposed solution will involve the integration of GIS technology with the data collection process for Cartegraph OMS facilities module. The following technical steps will be taken: 1. Coordinate with Cartegraph technical staff and City personnel to identify the GIS data layers needed based on the City’s implementation of OMS. These may include building footprints, asset locations, utilities, and other infrastructure data. 2. Establish data collection protocols and asset taxonomy: This step will establish data collection protocols that integrate GIS technology with the data collection process. 3. The North American Datum of 1983 (NAD 83) is a geodetic datum used to provide a consistent coordinate system for mapping and surveying purposes in North America. In the proposed integration of Geographic Information Systems (GIS) with data collection for use in Cartegraph OMS facilities module, BV will use of NAD 83 coordinate system will be important to ensure accurate location information of facilities and assets. 4. Develop data integration procedures: BV deliver data in an “import ready” format, and will coordinate with Cartegraph technical staff to support the data import to the City’s OMS instance. 5. Enable GIS-enabled data visualization and analysis: Although this is beyond the scope of work for the FCA project, our approach will allow City staff and others to create (in Cartegraph or ESRI ArcGIS as appropriate) custom dashboards, reports, and maps that incorporate GIS data to provide a comprehensive view of facility condition. Equipment Inventory During the assessment, each field team will be responsible for collection and storing the inventory and condition assessment data in an electronic format that is readily transferable to a standardized CMMS/IWMS system. BV will collect information on the major pieces of facility equipment. Specifically, the data collection will focus on the following components: • HVAC » Heating System –Identify boilers, furnaces, unit heaters and major labeled equipment. » Ventilation System –Identify the quantities of major labeled equipment; exhaust hoods, fans. » Air Conditioning System –Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, and thermostatic controls • Electrical » Major panels only - for identification to track maintenance » Transformers » Switchgear • Equipment » Building Automation System, • Plumbing » Pumps external to HVAC systems » Domestic Water heaters over 80 gallons » Other major labeled equipment • Life Safety/Security » High Level (system level) only - for identification to track maintenance –Alarm Panels –Emergency generators –Exhaust hood fire suppression • Vertical Transportation Where appropriate, the following data will be collected for each component: • Location Data • Model • Serial Number • Manufacturer • Manufactured Date Preventative Maintenance Schedule Bureau Veritas will provide preventative maintenance (PM) schedules for the equipment listed in the equipment inventory provided by client. Preventative maintenance schedules will include the following information: • Safety precautions specific to the recommended PM instructions • Description of tools required for recommended PM instructions. Tool list will not be exhaustive but identify common tool sets and specialty tools required for tasks. • Recommended preventative maintenance instructions and frequencies specific to the equipment classification and type. PM instructions are based on the following sources: –Prevailing national standards –Survey of Common Manufacturers recommendations –Industry best practices Item 1J-44 23 • Estimated labor hours required to complete each PM work order BV will provide the PM schedules in spreadsheet format suitable for upload into clients CMMS. Spreadsheet will also contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules with client and adjust frequencies and start dates as required to meet clients’ needs and match available resources. OPTION: Barcoding / QR Coding For the above referenced equipment, BV will apply a durable barcode / QR code with a unique number for use as an identifier in the CMMS system. We will use a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system. The cost of Barcoding / QR coding will add 1.5 cents per square foot to the project. Floorplans and Site Plans To maximize the capabilities of Cartegraph OMS for facilities, the City will need accurate drawings for all buildings to include georeferenced floor plans and room identification loaded into OMS. This section outlines the process by which field teams create or update Computer-Aided Design (CAD) floorplans and georeference them for loading into Cartegraph and ArcGIS. Initial Site Survey: The field team begins by conducting a site survey to gather accurate measurements and details of the area to be mapped. This includes dimensions of the building, location of features such as walls, doors, and windows, and any relevant information about the space, such as room numbers and functions. CAD Drawing: Using the information collected during the site survey, BV creates a CAD drawing of the floorplan. The CAD drawing includes all of the details and measurements gathered during the site survey. Georeferencing: Once the CAD drawing is complete, the field team georeferences it to ensure that it can be accurately located in the GIS. Georeferencing involves assigning geographic coordinates to the CAD drawing, so it can be overlaid onto a map in the GIS. This is typically done using software such as ArcGIS or QGIS. Quality Assurance: Before the floorplan can be loaded into the GIS, it must undergo a quality assurance (QA) process. This involves reviewing the CAD drawing for accuracy and ensuring that it aligns with the physical space it represents. Any errors or discrepancies are corrected at this stage. Loading into GIS: Finally, the floorplan is ready to be loaded into Cartegraph which also loads it into ArcGIS. The georeferenced floorplan is automatically overlayed on the basemap and oriented to the correct position. The floorplan can then be used to analyze and visualize data related to the space, such as occupancy levels, energy usage, and equipment locations. FLOOR PLAN SPECIFICS • Visible main utilities (electrical panels, sprinkler riser, water shut off, hose bibs, meters, fire sprinkler hook up) will be included on Floor Plan with a linked image. Utility information will not be provided on structures that are not measured. • All enclosed buildings serving the parks listed (restrooms, concessions, etc.) will be measured for Floor Plans. Open structures such as gazebos and stages will not be measured. • FLS items currently not included in the scope. SITE PLAN SPECIFICS • Site Plan will be created by taking a snippet from Google Maps and labeling visible structures and utilities. Field Technicians will walk site to identify visible utilities, we recommend having someone meet them onsite who can point out all locations to insure their inclusion. Structures visible on Google Maps will be noted. • All locations will be approximate. • Photos of visible utilities will be linked to site plans. • Site Plans will be delivered in PDF format, no CAD file will be provided INCLUSIONS / EXCLUSIONS • Square foot calculations are not provided unless a Lease Plan is included in scope of work. • Photos are taken by the technicians throughout their measuring process. These photos are strictly to help the CAD technicians view architectural conditions. They are for office use only. • All exterior spaces connected to the subject building i.e. decks, exterior stairs, loading docks, etc. will be measured unless otherwise instructed. This does not include poured concrete patios. • If at any time, field staff encounters an unsafe building condition, they have the right to not proceed with measurement. Client will be notified immediately. Item 1J-45 24 FLOOR PLAN DELIVERABLES • Detailed survey of the property, accurate to 0.2%, measuring and locating all walls, doors, windows, stairwells, elevators, plumbing fixtures, built-in cabinetry and ventilation shafts. All measurements recorded with laser measuring equipment using our custom floor plan software or 3D scanners, depending on scope of work and nature of building. • CAD drawing files AutoCAD format (Standard is AutoCAD 2000) together with PDF graphic files. (NOTE: 1 model DWG + 1 standard 2-D As-Built Floor Plans sheet layout per floor). • SCALE: Plans will be set to a graphic scale (not architectural) that fits best on an 8.5”x11”, 11”x17” or 24”x36” paper size. Specific scales must be requested prior to the appointment. • All dimensions are rounded to the nearest inch. ACCESS • It is the Client’s responsibility to make arrangements for access to all rooms within the scope of work (including all mechanical and storage rooms) during the measuring time period on the survey date. • The technician will not move items to gain access to detail. If items such as electrical outlets are not visible due to furniture or clutter, then they cannot be located. Spaces such as closets do not need to be emptied, however, the technician will need to be able to obtain clear shots of each wall. • Bureau Veritas will not be responsible for rooms not surveyed due to locked access. Locked rooms will be noted as such on the plans. • This proposal is based on the assumption that there will be uninterrupted access to these rooms and calls from the field will not be necessary to secure access. If constant surveillance of our field staff is required for spaces other than high security areas, an additional fee will be added due to the reduced efficiency. • Additional trips to site due to access issues will be subject to a trip fee. Item 1J-46 2 EXHIBIT "B" SCHEDULE OF SERVICES REFERENCE ATTACHMENT Item 1J-47 25Bureau Veritas has the required resources to perform the project in a timely manner. The proposed schedule below is open to discussion between the City of Palm Desert and Bureau Veritas.IDTask NameStart Finish1Notice to ProceedMon 5/8/23Mon 5/8/232Review Period with Palm DesertMon 5/8/23Mon 5/15/233Mobilization and Program PlanningMon 5/8/23Thu 5/11/234Database Review and CustomizationFri 5/12/23Fri 5/12/235Kickoff MeetingMon 5/15/23Mon 5/15/236Progress Updates (teleconference)Mon 5/15/23Mon 6/5/2312Field Data Collection - Pilot Program AssessmentsMon 5/15/23Tue 6/6/2313Pilot Program Assessment and Draft ReportMon 5/15/23Fri 5/26/2314Pilot Report Palm Desert ReviewMon 5/29/23Fri 6/2/2315Pilot Review Meeting (Teleconference)Mon 6/5/23Mon 6/5/2316Protocol and Procedures RevisionsTue 6/6/23Tue 6/6/2317Field Data CollectionWed 6/7/23Thu 7/6/2318Team 1: A/E AssessmentWed 6/7/23Thu 7/6/2319Draft Report Deliverable Period - Data DevelopmentFri 6/9/23Fri 8/11/2320Report Writing (Rolling Delivery)Fri 6/23/23Thu 8/3/2321Cost Estimates, Prioritization, Inventory, PMPFri 7/14/23Thu 8/3/2322Floorplans and Site PlansFri 6/9/23Thu 8/3/2323Deliver Draft ReportsThu 8/3/23Thu 8/3/2324Palm Desert Review of Draft ReportsFri 7/14/23Thu 8/10/2325Draft Review Meeting (Teleconference)Fri 8/11/23Fri 8/11/2326Final Report Deliverable PeriodFri 8/11/23Fri 8/25/2327Revisions to Drafts and Migration to CartegraphFri 8/11/23Thu 8/24/2328Final Presentation and Software TrainingFri 8/25/23Fri 8/25/235/85/156/58/38/118/254/305/75/145/215/286/46/116/186/257/27/97/167/237/308/68/138/208/27MayJuneJulyAugustSeptTaskSplitMilestoneSummaryProject SummaryExternal TasksExternal MilestoneInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneProgressDeadlinePage 1Project: Proposed FCA ScheduleDate: Wed 4/5/23Proposed ScheduleItem 1J-48 EXHIBIT "C" 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 TWENTY-NINE THOUSAND NINE HUNDRED AND EIGHTY-SIX DOLLARS AND 26/100 ($229,986.26) without written approval of the City Council or City Manager, as applicable. Item 1J-49 Item 1J-50 Item 1J-51 CITY OF PALM DESERT 2023-RFP-184 BUILDING INVENTORY AND ASSET MANAGEMENT April 5, 2023 BUREAU VERITAS | ERIK PILLER 220 TECHNOLOGY DRIVE | IRVINE, CA 92618 P 800.733.0660 | ERIK.PILLER@BUREAUVERITAS.COM Item 1J-52 A.Cover Letter ......................................................................................................................... 1 B.Experience and Technical Competence ...................................................................... 3 C.Firm Staffing and Key Personnel ....................................................................................9 D.Proposed Method to Accomplish the Work ...............................................................16 F.Required Responses (4.3 - 4.10) ...................................................................................26 TABLE OF CONTENTS Section Page Item 1J-53 1 April 5, 2023 City of Palm Desert Attn: Bertha Cepeda-Escobedo 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: RFP 2023-RFP-184 for Building Inventory and Asset Management _______________ Dear Ms. Cepeda-Escobedo, Bureau Veritas Technical Assessments, LLC (Bureau Veritas or BV) is pleased to provide the City of Palm Desert (City) with the enclosed proposal in response to the City's RFP for Building Inventory and Asset Management services. BV understands the requirements of the RFP and is well qualified to perform the services. Proven Experience | Bureau Veritas has extensive experience providing Facility Condition Assessments, Equipment Inventory, Preventative Maintenance, Space Utilization Studies, and Capital Planning for City, County and State Government entities. We have completed thousands of municipal projects with more than 700 million square feet of space within the last five (5) years for State and Local Government, Educational, and Parks and Recreation clients. BV has completed more than 20,000 assessment and project management projects in California. Highly Qualified Team | Bureau Veritas is an architectural and engineering firm focused solely on building lifecycle and capital planning studies, with more than 800 building professionals nationwide including 60 in California. BV has over 30 years of experience conducting Facility Condition Assessments and Equipment Inventory. We have provided similar services for the following similar clients: • Palm Springs USD • City of Pico Rivera • City of Pasadena • City of Burbank • City of Temecula • City of Riverside • City of Oceanside • City of Orange • City of Garden Grove • City of Brea • City of Corona • City of Covina • City of El Segundo • City of Fullerton • City of Huntington Beach • City of Laguna Hills • City of Poway • City of Rancho Cucamonga Executive Summary | BV understands that the Facility Condition Assessment (FCA) project with the City of Palm Desert (“City”) will: • Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components. • Identify and document present condition of all physical assets including grounds, facilities, and infrastructure. • Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories. • Establish anticipated renewal and replacement costs for the various systems and components. • Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. BUREAU VERITAS | ERIK PILLER 220 TECHNOLOGY DRIVE | IRVINE, CA 92618 P 800.733.0660 | ERIK.PILLER@BUREAUVERITAS.COM A. COVER LETTER Item 1J-54 2 • Collect Equipment Inventory data for Client properties. • Establish a protocol for facility condition data to migrate/transfer to Cartegraph. • Prepare a Preventative Maintenance Plan for assets to uploaded to Cartegraph. • Prepare site plans and floorplans. We understand that a key factor to performing FCAs is the evaluation of physical needs and accurate forecasting for capital repair and replacement budgets. Preemptive measures to manage maintenance budgets and programs are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly. Commitment | Bureau Veritas is committed to providing the highest possible quality of service for the City of Palm Desert, and has the availability to meet all project schedules and timelines. The following pages detail our history, similar project experience, our key personnel and team, and our approach to your unique project. The Project Manager, and main point of contact for this project, will be Mouaz Alrayes. We appreciate the opportunity to present our qualifications for this project and look forward to working with the City. I, Erik Piller, am authorized to negotiate agreement terms and compensation, as well as bind Bureau Veritas into contract with the City. I am available at 800.733.0660, ext. 7292704 or erik.piller@bureauveritas.com to further discuss our qualifications. Sincerely, Erik Piller Senior Vice President BUREAU VERITAS | ERIK PILLER 220 TECHNOLOGY DRIVE | IRVINE, CA 92618 P 800.733.0660 | ERIK.PILLER@BUREAUVERITAS.COM Item 1J-55 3 Company Information HQ HQ HQ BV Office Locations BV Technical Assessments Headquarters MO IL TX AZ CA AK NM NV UT CO KS OK OR WA ID MT WY ND SD NE MN IA WI AR LA OH WV VA SC TN MS AL GA FL MI IN NH NJ MD DE RI ME KY PA NY CT HI VT NC B. EXPERIENCE AND TECHNICAL COMPETENCE Profile / Background Bureau Veritas Technical Assessments LLC (“Bureau Veritas” or “BV”) is a professional services consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes over 800 building professionals nationwide, including Registered Architects, Professional Engineers, Certified Energy Managers, Project Managers, Environmental Professionals, Building Systems Consultants, and Code Compliance Experts. Annually, Bureau Veritas conducts thousands of assessments for Multifamily, Commercial, Industrial, Government, and Educational clients. Having successfully completed billions of square feet of building assessments, we have developed a proven and efficient methodology for the performance of field assessments and data collection. Bureau Veritas’ recommendations are based on knowledge of facility conditions, life-cycle analysis, regulations, and client objectives. Bureau Veritas’ subject matter expertise and understanding of buildings, parks, and facility sites forms the foundation on which we team with clients to create and implement facility and portfolio management solutions. SCOPE OF SERVICES • Facility Condition Assessments • Equipment and Asset Inventory • Capital Planning Reports • Accessibility Compliance • Barcoding, QR Coding, and Tagging • CMMS Consulting • Preventative Maintenance Plans • Space Analysis Studies • Energy Audits and Modeling • Commissioning (Cx and Rx) • Construction Monitoring • Project Management • Plan and Document Review What We Do Name of Company: Bureau Veritas Technical Assessments LLC Year Founded: 1986 (Parent: 1828) Headquarters Address: 10461 Mill Run Circle, Suite 1100 Owings Mills, MD 21117 Regional Office: 220 Technology Drive Ir vine, CA 92618 Primary Contact: Erik Piller Senior Vice President Telephone: (800) 733-0660, ext. 7292704 Email: erik.piller@bureauveritas.com Website: bvna.com Item 1J-56 4 The Bureau Veritas Team has extensive experience with Facility Condition Assessment and Inventory projects. The following chart highlights a partial list of recent Bureau Veritas projects completed for clients in the region. CLIENT STATE SERVICES YEAR COMPLETED City of Oxnard CA Facility Condition Assessment Just Awarded City of Glendora CA Facility Condition Assessment Just Awarded City of Santa Monica CA Facility Condition Assessment Just Awarded City of Burbank CA Facility Condition Assessment Just Awarded City of Chino Hills CA ADA Transition Plan Just Awarded City of Rancho Cucamonga CA Facility Condition Assessment Ongoing City of Pasadena CA Facility Condition Assessment 2023 City of Alameda CA ADA Assessment 2023 City of Alameda CA ADA Assessment 2022 City of Palo Alto CA Facility Condition Assessment 2022 City of Rancho Palos Verdes CA Facility Condition Assessment 2022 City of Laguna Niguel CA Facility Condition Assessment 2022 City of Pico Rivera CA Facility Condition Assessment 2022 City of Aliso Viejo CA Facility Condition Assessment 2021 City of Montebello CA Facility Condition Assessment 2021 City of Vallejo CA Facility Condition Assessment 2021 Judicial Courts of California CA Facility Condition Assessment 2021 City of Temecula CA Facility Condition Assessment 2021 City of Oceanside CA Facility Condition Assessment 2020 San Joaquin County CA Facility Condition Assessment 2020 City of Montebello CA Facility Condition Assessment 2020 Sutter County CA Facility Condition Assessment 2020 City of Garden Grove CA FCA, ADA Transition Plan 2020 County of Nevada CA Facility Condition Assessment 2019 City of San Marino CA Facility Condition Assessment 2019 City of Sacramento CA FCA, Master Plan 2019 City of Fullerton CA Facility Condition Assessment & Inventory 2019 City of Napa CA Facility Condition Assessment & Inventory 2019 City of Portola Valley CA Facility Condition Assessment 2019 City of Mill Valley CA FCA, Needs Assessment 2019 City of Stockton CA Facility Condition Assessment 2019 City of Covina CA Facility Condition Assessment 2019 California Dept. of Veterans Affairs CA Facility Condition Assessment 2019 City of El Segundo CA FCA, ADA Transition Plan 2018 - 2022 City of Brea CA Facility Condition Assessment 2018 City of Fresno CA Facility Condition Assessment 2018 City of Riverside CA Facility Condition Assessment 2018 Saddleback College CA Facility Condition Assessment 2018 RELEVANT EXPERIENCE Item 1J-57 5 CITY OF TEMECULA FACILITY CONDITION ASSESSMENT The City of Temecula requested a comprehensive assessment of the current condition of City facilities and to produce a long-term facility maintenance plan, covering the next 20-year period. Bureau Veritas’ assessment and review included detailed cost estimates to repair, renovate and maintain the facilities to acceptable conditions and a full cost analysis of remedying any existing deferred maintenance issues. Our field observations included life-cycle analysis of the building envelope, roofing, interior finishes, mechanical and HVAC systems, and lighting systems to determine budgeting and a maintenance program for ongoing repair and replacement programs. Our capital plan provided recommendations for short and long-term maintenance needs and prioritization of projects for capital improvements. PROJECT PROFILE LOCATION Temecula, CA SERVICE Facility Condition Assessment Capital Planning Asset Inventory SIZE 526,209 SF 28 Sites FACILITY TYPE Essential Facilities Parks & Recreation Libraries & Museums City Hall Community Center REFERENCE Ronny Tidwell City of Temecula 41000 Main Street Temecula, CA 92590 (951)302-4102 rodney.tidwell@temeculaca. gov REFERENCES Item 1J-58 6 CITY OF MENLO PARK FACILITY CONDITION ASSESSMENT The City of Menlo Park, CA Department of Public Works is a long-time Cartegraph OMS customer who wanted to expand their use of Cartegraph to include some municipal facilities under their jurisdiction. At the same time the City was looking to improve their understanding of the capital needs of their facilities and park infrastructure, audit the energy performance of their buildings, and assess their critical risks associated with hazards such as seismic disruption, intrusion from exterior air pollution (especially smoke from wildfires), and flooding. Cartegraph recommended Bureau Veritas to the City as a trusted partner with the breadth and depth of skills needed to deliver these assessments and get all the data into OMS. The City hired Bureau Veritas to perform an in-depth Facility Condition Assessment (FCA), detailed energy audit, and critical hazards risk assessment for 26 of their major municipal buildings and multiple parks within the City limits. Additionally, BV was contracted to capture detailed equipment data and apply durable bar code tags on all major equipment in each facility to allow maintenance technicians to directly access equipment information and maintenance records using the Cartegraph mobile application on their phones and tablets. Deliverable products from this engagement included: • Condition assessments for all city-owned buildings (Individual facility reports) • Energy conservation measures(ECMs) and electrification options for all buildings (included in each facility report and consolidated in the Consolidated Electrification table) • Risk and Vulnerability Assessments (included in each facility report, Seismic assessment and maximum loss statement in a separate report) • A consolidated table describing every major building component of each facility, the current condition and remaining life (Observation report) • Consolidated annual capital improvement costs to maintain facilities (Consolidated Cost Table and Replacement Reserve Report table) • Recommendations for annual maintenance procedures and staffing requirements. Also, added scannable barcode tags to all equipment requiring regular maintenance (Preventative Maintenance Schedule and table) This in-depth assessment took more time to complete than a typical FCA would have, but the results of this successful project are evident in the comments of an outside consultant hired by the City to help coordinate the effort, “This is an incredible, comprehensive accounting of existing facilities to support long-term maintenance, capital budgeting, and facility improvements. Thanks to Bureau Veritas for their hard work and delivering such a great product!” PROJECT PROFILE LOCATION Menlo Park, CA SERVICE Facility Condition Assessment Energy Audit Critical Risks Assessment Preventative Maintenance Plans & Equipment Tagging Data Integration with Cartegraph OMS SIZE 26 Municipal Buildings Multiple City Parks FACILITY TYPE City Hall & Police HQ Recreational Facilities & Amenities Municipal Offices Library REFERENCE Brian P. Henry Assistant Public Works Director City Corporation Yard 333 Burgess Drive (650) 330-6799 bphenry@menlopark.org Item 1J-59 7PG 1 CITY OF LAGUNA NIGUEL FACILITY CONDITION ASSESSMENT, PARK CONDITION ASSESSMENT Bureau Veritas was awarded a contract to conduct a Facility Condition Assessment (FCA), develop a 10-year Preventative Maintenance (PM) program, and implement a computerized maintenance management system (CMMS) for City facilities including parks, buildings, and assets in the public right-of-way. The Total Cost of Ownership (TCO) project documented direct and indirect costs of owning and maintaining City’s assets to determine future Capital Improvement Program (CIP) projects and maintenance workplans for the next twenty (20) years or more. BV provided a comprehensive inspection of observable systems and documented current lifecycle conditions. This program was a phased project which the Parks program was completed in 2022, and the Facilities and PROW phase will be 2023. PROJECT PROFILE LOCATION Laguna Niguel, CA SERVICE Facility Condition Assessment Park Condition Assessment Preventative Maintenance Program CMMS Implementation (Brightly) SIZE 31 Parks 10 Hiking Trails 5 Sports Fields 8 Facilities PROW (37.6 miles) REFERENCE Ed Crofts, Consultant Annealta Group (949) 285-9445 ecrofts@annealtagroup.com Russell Narahara Senior Management Analyst City of Laguna Niguel RNarahara @cityoflagunaniguel.org 949-362-4313 Item 1J-60 8 CITY OF OCEANSIDE PROPERTY CONDITION ASSESSMENT The City of Oceanside awarded Bureau Veritas Technical Assessments LLC (Bureau Veritas or BV) the contract to provide comprehensive city- wide Facilities Condition and Needs Assessments. The project included approximately 43 buildings for a total of 882,000 SF, including a marina and yacht club, parks and beaches, recreation centers, swim facilities, museums, fire stations, City Hall, City office buildings, public libraries, senior centers, community service and trransitional housing facilities, the Historical Society, and City maintenance facilities. The assessment included thorough examination and lifecycle assessment of the buildings, property, and major systems including plumbing, mechanical, electrical, roofing, seismic risk, general code compliance, and ADA compliance. We provided accurate analysis that identified components and elements requiring replacement, maintenance, or repair. The project scope included asset/equipment inventory and preparing a Preventative Maintenance (PM) Plan that prioritized maintenance and recommended a PM Schedule. Our final report included the overall condition of the facilities, including, but not limited to, information regarding the manufacturer, model, serial number, and size of equipment within the facilities. Additionally, the report listed immediate needs, replacement cost index, and a 20-year capital plan of the maintenance requirements and costs that can be adjusted for inflation. PROJECT PROFILE LOCATION Oceanside, CA SERVICE Property Condition Assessment Inventory Preventative Maintenance Plan SIZE 43 Facilities 882,000 SF FACILITY TYPE Marina Parks Fire Stations City Hall Rec Centers REFERENCE Tony Visco City of Oceanside 300 North Coast Highway Oceanside, CA 92054 (760) 435-4500 tvisco@ci.oceanside.ca.us Item 1J-61 9 Bureau Veritas’ Team includes Professional Engineers and Energy Managers with an average of over 20 years of relevant experience. These professionals develop and write the assessment report and coordinate logistics and document collection for each assessment. Bureau Veritas also has an internal information technology group that supports the development of field data collection programs and client database applications. Mr. Erik Piller | Project Executive Mr. Piller will oversee all contractual aspects of the project and be available to meet with the City of Palm Desert for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with Bureau Veritas’ Program Manager and Assessment Team to assure that the City’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule. Mr. Mouaz Alrayes | Program Manager Mr. Alrayes will be responsible for the overall team performance and delivery of the overall project. He will work with the Assessment Team and the City to assure project success. He will conference with the City on an agreed-upon basis, and will be responsible for delivering assessment results, and for working with City Staff to develop the implementation plan based on the results. Mr. Matt Anderson, RA | Quality Assurance Manager Mr. Anderson will oversee the project, assuring technical, process, and content quality. He will have direct management responsibility for all technical personnel, which will allow for quick and effective implementation of quality assurance measures both at inception and throughout the duration of the project. Assessment Team The Assessment Team is comprised of architects, engineers, and facility assessment professionals having direct experience in conducting Facility Condition Assessments. They will observe and describe building systems and components, identify physical deficiencies, and formulate recommendations to remedy the deficiencies. C. FIRM STAFFING AND KEY PERSONNEL Erik Piller PROJECT EXECUTIVE Mouaz Alrayes Matt Anderson QUALITY ASSURANCE MANAGER PROGRAM MANAGER ASSESSMENT TEAM PROJECT ORGANIZATION CHART Item 1J-62 10 ASSIGNED TEAM Bureau Veritas has maintained itself as a viable, professional assessment services corporation. BV is fully staffed to manage any size project load, including simultaneous multiple site projects. Our field staff can provide a commitment of time suitable to the needs of the proposed project. The proposed project would be a significant one for BV, and we have the in-house resources to fully staff this project without program disruption or cost impact. Bureau Veritas has 800 staff and a dedicated Asset Management team. The regional team usually has approximately three to five concurrent assessment projects engaged that range from 400,000 SF to 1,000,000 SF. For example, currently we have three School Districts, one University, and three Municipal projects concurrently in progress. BV has a very scalable staff and can provide resources from one team to over ten teams on a project. Availability of all key personnel is included in the chart below. PROJECT PERSONNEL Key Personnel Project Role Years of Experience Certification / Registration Availability to Project FCA Experience Erik Piller Project Executive 18 20%● Mouaz Alrayes Program Manager 17 80%● Matthew Anderson QA & Seismic Manager 30+RA 30%● Kay van der Have Assessment Team 30+RA 100%● Allen Manning Assessment Team 16 100%● Eric Fewson Assessment Team 21 PE 100%● Dan Mainwaring Assessment Team / CMMS 19 100%● $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Workload Capacity -Availability committed capacity open capacity total capacity Item 1J-63 11 PROJECT EXPERIENCE: City of Pico Rivera, CA Property Condition Assessment & Inventory City of Laguna Niguel, CA Property Condition Assessment & Inventory City of Oceanside, CA Property Condition Assessment City of El Segundo, CA Property Condition Assessment & ADA Transition Plan City of Fullerton, CA Property Condition Assessment with Inventory City of Garden Grove, CA Property Condition Assessment and ADA Self-Evaluation & Transition Plan City of Laguna Hills, CA Property Condition Assessment City of Orange, CA Property Condition Assessment City of Poway, CA Property Condition Assessment & Energy Audit ERIK PILLER Industry Experience Government K-12 Education Multi-Family Housing PROJECT EXECUTIVE Mr. Piller has 18 years of experience in client coordination of assessment, architectural- engineering, energy consulting, and construction phase services. He has been involved with projects of similar scope to the proposed project. As Project Executive, Mr. Piller is responsible for overseeing all contractual aspects of the project and will be available to meet with the client for the duration of the project on an as-needed basis. He will have primary responsibility for defining the scope of engagement, and will meet regularly with BV’s Program Manager and Assessment Team to assure that the client’s needs are being met, and that the project is adequately staffed, running smoothly, and on schedule. Higher Education Industrial Office YEARS OF EXPERIENCE: 18 Retail Hospitality Item 1J-64 12 PROJECT EXPERIENCE: City of El Segundo, CA Property Condition Assessment City of Garden Grove, CA Property Condition Assessment, ADA Assessment City of Pico Rivera, CA Property Condition Assessment, Inventory City of Poway, CA Property Condition Assessment City of Brea, CA Property Condition Assessment, ADA Assessment City of Covina, CA Property Condition Assessment El Dorado County, CA Property Condition Assessment, Inventory Golden Empire Transit Authority, CA Property Condition Assessment Catalina Island, CA Property Condition Assessment, Inventory City of Fresno, CA Property Condition Assessment City of Concord, CA Property Condition Assessment Conejo Valley Schools, CA Property Condition Assessment, Inventory Simi Valley Unified School District, CA Property Condition Assessment, Inventory Sacramento Metropolitan Fire District, CA Property Condition Assessment, Inventory MOUAZ ALRAYES PROGRAM MANAGER Mr. Alrayes is a Program Manager with 17 years of experience. He conducts and leads teams for Physical Needs Assessments, Property Condition Assessments, Energy Audits & Surveys and other related services of properties in accordance with ASTM standards and client specific scopes of work. He supervises and trains junior architects and engineers conducting building assessments and energy audits. He also supports program managers to coordinate proposals, train, and develop and review final deliverables to the client. Mr. Alrayes will lead BV’s onsite efforts for the duration of the project. YEARS OF EXPERIENCE: 17 Education Bachelor of Arts, Mechanical Power of Engineering, Damascus University Item 1J-65 13 PROJECT EXPERIENCE: City of Vallejo, CA Property Condition Assessment and Maintenance Plan San Joaquin County, CA Property Condition Assessment City of Fremont, CA Property Condition Assessment Sacramento Metropolitan Fire District, CA Property Condition Assessment City of Milpitas, CA Property Condition Assessment City of Napa, CA Property Condition Assessment City of St. Helena, CA Property Condition Assessment City of Redwood City, CA Property Condition Assessment & Energy Audit City of South San Francisco, CA Property Condition Assessment City of Monterey, CA Property Condition Assessment City of Poway, CA MATT ANDERSON, RA Education Bachelor of Architecture, California Polytechnic University QUALITY ASSURANCE MANAGER/SEISMIC MANAGER Mr. Anderson is a registered architect with experience in the assessment and design of residential projects in addition to construction management processes and procedures. He routinely supervises teams of architects and engineers conducting property condition assessments. He also specializes in cost estimating, government programs, and an array of other services. As Quality Assurance Manager, he will assist the Program Manager by providing QA/QC review on the data collection and reports. Registration Registered Architect | CA | C15753 YEARS OF EXPERIENCE: 30+ Item 1J-66 14 PROJECT EXPERIENCE: City of Garden Grove, CA Property Condition Assessment City of South San Francisco, CA Property Condition Assessment City of Mill Valley, CA Property Condition Assessment City of Fremont, CA Property Condition Assessment City of Milpitas, CA Property Condition Assessment KAY VAN DER HAVE, RA ASSESSMENT TEAM Education Bachelor of Architecture, University of Minnesota YEARS OF EXPERIENCE: 30+ License Registered Architect | CA | C23054 PROJECT EXPERIENCE: City of Brea, CA Property Condition Assessment, ADA Assess. City of Pico Rivera, CA Property Condition Assessment City of San Marino, CA Property Condition Assessment City of Fresno, CA Property Condition Assessment Los Angeles Community College District, CA Property Condition Assessment ALLEN MANNING ASSESSMENT TEAM YEARS OF EXPERIENCE: 16 Education Bachelor of Arts, Psychology, University of California Item 1J-67 15 PROJECT EXPERIENCE: City of Corona, CA Facility Condition Assessment Los Angeles Community College District, CA Facility Condition Assessment CCA Perris Fairgrounds, CA Facility Condition Assessment Mt. Diablo Unified School District, CA Facility Condition Assessment Judicial Courts of California, CA Facility Condition Assessment ERIC FEWSON, PE ASSESSMENT TEAM Education Bachelor of Science, Electrical Engineering, Milwaukee School of Engineering YEARS OF EXPERIENCE: 21 PROJECT EXPERIENCE: City of Laguna Niguel, CA Facility Condition Assessment City of Phoenix, CA Facility Condition Assessment City of Aspen, CO Facility Condition Assessment Pasadena Unified School District, CA Facility Condition Assessment Judicial Courts of California, CA Facility Condition Assessment DAN MAINWARING ASSESSMENT TEAM / LEAD CMMS MANAGER YEARS OF EXPERIENCE: 19 Education Master of Science, Management and Leadership; Western Governors University, UT Bachelor of Science, Management; Bellevue University, NE Associates of Arts, General Studies; University of Phoenix, NE Item 1J-68 16 Technical Approach Prior to assessments beginning, Bureau Veritas will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports. During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. BV will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BV will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted. BV has allocated time for regular teleconference meetings and the following meetings: Kick-Off Meeting and a Final Findings Presentation meeting. Any additional in-person meetings will be on a time and expense basis. FIELD ASSESSMENTS The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies. As a part of the walk-through survey, the Team will survey 100% of each facility. BV will survey the exterior and grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventative maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City’s building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated. The Team may also question others who are knowledgeable of the property’s physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property. The Assessment Team will review documents and information provided by the City’s maintenance staff that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions. The Facility Condition Assessment will include the City identified assets and will focus on the following facility and site systems and components: Site + Infrastructure •Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported. •Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. •Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). •Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). •Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues. Recreational Facilities •Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. •Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported. EV Charging Stations •With information provided by the client document the payment software providing access to the charging station, if any. •Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter. •Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment. •Review the signage, paving and surface materials around the charging stations for deterioration. Playground Areas •Identify the, size, and material structure of all playground equipment at each park facility. •Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed. D. PROPOSED METHOD TO ACCOMPLISH THE WORK Item 1J-69 17 Swim Facilities • Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed. This would include the swimming pool and any structures/facilities associated with the swim amenity. • Observations will include visual inspection of the pumps, water treatment or filtration systems, and heating equipment. Structural Frame + Building Envelope • Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain- wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement. • In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2). Wall Evaluation • Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible. • Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues. Curtain Wall • Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points. • Review provided drawings and records of repair, replacement, and maintenance of framing and glazing. Roofing (Non-Invasive Visual) • Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment. • Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported. • BV understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, BV can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas. Plumbing • Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies. Heating • Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies. Air-Conditioning + Ventilation • Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc. Item 1J-70 18 • Identify material distribution systems (supply and return, make-up air, exhaust) at the property. • Observe general conditions, identify equipment reported age, note past material component upgrades/ replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air- conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies. Electrical • Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. • Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection). • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies. Life Safety + Fire Protection • Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies. Elevators + Vertical Transportation • Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc. • Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. • Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts. Interior Elements • Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc. Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. BV will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported. Food Service Spaces and Equipment • Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement. Special Systems and Equipment • Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems. Suspected Fungal Growth • Perform a limited assessment of accessible areas for suspected fungal growth. If the presence of mold, conditions conducive to mold growth, and/or evidence of moisture. Elevated relative humidity, water intrusion, and mildew-like odors is discovered, affected areas will be photographed and recommendations for any additional moisture intrusion studies will be made. Environmental Features • Review environmental features of the property, to include appearance, cleanliness, acoustics, ventilation, and humidity. Lead-based Paint • Review existing testing data and other documentation regarding lead-based paint available on site (included in the cost of the FCA); evaluate physical condition and develop cost estimates for remediation of paint necessitated by pending renovations. Item 1J-71 19 • Able to provide a licensed lead-based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and yields instantaneous results. Asbestos • Review existing testing data and other documentation regarding asbestos available onsite (included in the cost of the FCA); evaluate physical condition and develop cost estimates for remediation of asbestos likely to be disturbed by renovations. • If asbestos testing is requested, BV will provide a licensed asbestos inspector to collect samples of suspect asbestos-containing materials at the Project as an additional service. Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis. Energy Conservation Analysis • Consider energy conservation savings when making repair or replace recommendations and include these projects in the project prioritization. • Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional service. OPTION: Exhaust Collection Systems (Fire Station) • BV will verify existence of any exhaust collection systems in the apparatus bays. If a system is present, BV will conduct a carbon monoxide (CO) measurement at each exhaust collection system. If the apparatus bay shows evidence of irregular CO/CO2 levels, we will recommend additional testing from an industrial hygienist to determine levels of VOCs, NO2, SO2, CO and diesel exhaust particulates. Additional testing will verify performance standards with fire apparatus idling in bays, on the tarmac, and entering/exiting bays as would occur during normal station operation. Ranking and Classification Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most probably necessitate replacement. Accurate historical replacement records provided by the building system or component manager are typically the best source for this data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventative maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age. BV can rate the condition of each facility with the below rating system, or another City-specified scale: 5 Excellent - No visible defects, new or near new condition, may still be under warranty if applicable 4 Good - Good condition, but no longer new, may be slightly defective or deteriorated, but is overall functional 3 Adequate - Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal - Defective or deteriorated in need of replacement; exceeded useful life 1 Poor - Critically damaged or in need of immediate repair; well past useful life BV can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors. Priority Classes The analysis will include all cost observations be ranked by Priority Classes. The five classes to the right are typical but can be altered to meet your specifications and needs. 1. Currently Critical (Immediate): Requiring immediate action including a cited safety hazard and areas of accelerated deterioration, returning a building component to normal operation. 2. Potentially Critical (Years 1-2): Requiring action in the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to normal operation. 3. Necessary—Not Yet Critical (Years 3-5): Requiring appropriate attention to preclude predictable deterioration, potential downtime, additional damage, and higher costs to remediation if deferred further. 4. Recommended (Years 6-10; Years 15-20) Representing a sensibile improvement to the existing conditions (not required for the most basic function of the facility; however, will improve overall usability and/or reduce long-term maintenance costs. 5. Does Not Meet Current Code (“Grandfathered”): No Action required at this time but should substantial work be undertaken correction would be required. Item 1J-72 20 Uniformat Categories The deficiencies observed will be classified into categories such as those below using the Uniformat System (up to Level 4): A10 Foundations A20 Basement Construction B10 Superstructure B20 Exterior Enclosure B30 Roofing C10 Interior Construction C20 Stair C30 Interior Finishes D10 Conveying D20 Plumbing D30 HVAC D40 Fire Protection D50 Electrical E10 Equipment E20 Furnishings F10 Special Construction F20 Selective Building Demolition Cost Estimating BV’s cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BV, based on historical and localized actual costs. BV maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models. Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel- based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item. A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at Client’s option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects. After determining these costs, we will confirm these costs with your staff. Report Deliverables BV will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life- cycle replacements, and applicable options for repair or maintenance of building components. The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair. The format of the database will allow for reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs. Facility Condition Index A Facility Condition Index (FCI) will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The FCI will be generated from the data collection/capital planning database and will be updated as components age or are replaced. Capital Plan and Financial Analysis of Facilities BV will draft a capital budget including prioritized recommendations to reduce backlog - and can suggest possible phasing based on the City’s available capital and existing projected budgets. Reports will reflect a 5, 10, or 20-year capital plan based on BV’s 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis. The report will include: • An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property’s observed condition and estimated costs assigned by category. Estimated costs shall be cross- referenced to report sections and elaboration of cost issues will be presented. Item 1J-73 21 • Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry-standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract. BV shall also inquire about available maintenance records and procedures and interview current available on-site maintenance staff. • Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis. • FCI number for the building. BV will submit PDF draft reports electronically and once approved and finalized, a program summary report to include a roll-up of all prioritized capital needs across all facilities. BV can deliver bound hard copy final reports and flash drives loaded with the completed reports. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices. CMMS Integration Bureau Veritas will be delivering to Client a live asset management plan that can be maintained and kept up-to- date by staff. BV will provide training to staff on maintaining the on-going monitoring program to track facilities, work performed, re-prioritization of maintenance projects, and how to update this information in the database. The data from the FCA can be exported for data migration to most CMMS/IWMS systems. BV can export the data from our data collection tool to a compatible format (Excel Spreadsheet, Access Database, or SQL format) to be used by the Client’s IT department for future integration. Once your CMMS provides us with their field maps – we can match their data fields and provide a data file for manual upload by your CMMS into their system. Cartegraph Experience Bureau Veritas has extensive experience working directly with Cartegraph and Cartegraph customers to support the OMS facilities module. One of our Project Executives, Michael Hardy, was part of the team that created InVision, which was later purchased by Cartegraph and provided the foundation for the OMS facilities module. A number of BV employees formed an advisory group for Cartegraph to assist them with the integration of FCAs into the facilities module, and BV has worked with several Cartegraph customers to perform FCAs and asset data collection in support of their implementation of the facilities module. No team has more experience helping customers like the City of Palm Desert take advantage of the benefits of using Cartegraph OMS for FCAs and asset management. Geographic Information Systems Bureau Veritas will incorporate the capabilities of Geographic Information Systems (GIS) into our asset data collection as part of the FCA. This integration will enable Cartegraph OMS facilities module to leverage GIS capabilities to utilize Facility Condition Assessments (FCA) data more accurately and efficiently. The proposed solution will improve the overall data collection process and enhance the quality of data collected. Overview: The proposed integration of GIS with data collection for use in Cartegraph OMS facilities module will provide the following benefits: 1. Improved accuracy: The integration of GIS with data collection will enable Cartegraph to capture precise location information about facilities, such as buildings, assets, and infrastructure. This will provide a more accurate representation of the facilities and their condition, resulting in better decision-making. 2. Increased efficiency: The use of GIS technology will help reduce the time and effort required to interact with asset data in Cartegraph OMS. The integration will enable users to collect data quickly and easily by using GIS- enabled mobile devices. 3. Enhanced analysis: The integration of GIS with data collection will enable Cartegraph to perform more advanced analysis of facility data. GIS technology will provide users with the ability to visualize and analyze facility data, such as condition assessments, maintenance activities, and asset inventories. 4. Improved data sharing: The integration of GIS with data collection will provide a more efficient way to share data between different departments and agencies. This will improve coordination and collaboration among stakeholders. Item 1J-74 22 Technical Details: The proposed solution will involve the integration of GIS technology with the data collection process for Cartegraph OMS facilities module. The following technical steps will be taken: 1. Coordinate with Cartegraph technical staff and City personnel to identify the GIS data layers needed based on the City’s implementation of OMS. These may include building footprints, asset locations, utilities, and other infrastructure data. 2. Establish data collection protocols and asset taxonomy: This step will establish data collection protocols that integrate GIS technology with the data collection process. 3. The North American Datum of 1983 (NAD 83) is a geodetic datum used to provide a consistent coordinate system for mapping and surveying purposes in North America. In the proposed integration of Geographic Information Systems (GIS) with data collection for use in Cartegraph OMS facilities module, BV will use of NAD 83 coordinate system will be important to ensure accurate location information of facilities and assets. 4. Develop data integration procedures: BV deliver data in an “import ready” format, and will coordinate with Cartegraph technical staff to support the data import to the City’s OMS instance. 5. Enable GIS-enabled data visualization and analysis: Although this is beyond the scope of work for the FCA project, our approach will allow City staff and others to create (in Cartegraph or ESRI ArcGIS as appropriate) custom dashboards, reports, and maps that incorporate GIS data to provide a comprehensive view of facility condition. Equipment Inventory During the assessment, each field team will be responsible for collection and storing the inventory and condition assessment data in an electronic format that is readily transferable to a standardized CMMS/IWMS system. BV will collect information on the major pieces of facility equipment. Specifically, the data collection will focus on the following components: • HVAC » Heating System –Identify boilers, furnaces, unit heaters and major labeled equipment. » Ventilation System –Identify the quantities of major labeled equipment; exhaust hoods, fans. » Air Conditioning System –Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, and thermostatic controls • Electrical » Major panels only - for identification to track maintenance » Transformers » Switchgear • Equipment » Building Automation System, • Plumbing » Pumps external to HVAC systems » Domestic Water heaters over 80 gallons » Other major labeled equipment • Life Safety/Security » High Level (system level) only - for identification to track maintenance –Alarm Panels –Emergency generators –Exhaust hood fire suppression • Vertical Transportation Where appropriate, the following data will be collected for each component: • Location Data • Model • Serial Number • Manufacturer • Manufactured Date Preventative Maintenance Schedule Bureau Veritas will provide preventative maintenance (PM) schedules for the equipment listed in the equipment inventory provided by client. Preventative maintenance schedules will include the following information: • Safety precautions specific to the recommended PM instructions • Description of tools required for recommended PM instructions. Tool list will not be exhaustive but identify common tool sets and specialty tools required for tasks. • Recommended preventative maintenance instructions and frequencies specific to the equipment classification and type. PM instructions are based on the following sources: –Prevailing national standards –Survey of Common Manufacturers recommendations –Industry best practices Item 1J-75 23 •Estimated labor hours required to complete each PM work order BV will provide the PM schedules in spreadsheet format suitable for upload into clients CMMS. Spreadsheet will also contain analysis of PM labor hour requirements for use by client for planning purposes. BV will review PM schedules with client and adjust frequencies and start dates as required to meet clients’ needs and match available resources. OPTION: Barcoding / QR Coding For the above referenced equipment, BV will apply a durable barcode / QR code with a unique number for use as an identifier in the CMMS system. We will use a vinyl tag for indoor applications, and a durable foil tag for outdoor use. Barcode / QR code numbers will be recorded in the database and all future work orders etc., and can be tied back in to a single piece of equipment or system. The cost of Barcoding / QR coding will add 1.5 cents per square foot to the project. Floorplans and Site Plans To maximize the capabilities of Cartegraph OMS for facilities, the City will need accurate drawings for all buildings to include georeferenced floor plans and room identification loaded into OMS. This section outlines the process by which field teams create or update Computer-Aided Design (CAD) floorplans and georeference them for loading into Cartegraph and ArcGIS. Initial Site Survey: The field team begins by conducting a site survey to gather accurate measurements and details of the area to be mapped. This includes dimensions of the building, location of features such as walls, doors, and windows, and any relevant information about the space, such as room numbers and functions. CAD Drawing: Using the information collected during the site survey, BV creates a CAD drawing of the floorplan. The CAD drawing includes all of the details and measurements gathered during the site survey. Georeferencing: Once the CAD drawing is complete, the field team georeferences it to ensure that it can be accurately located in the GIS. Georeferencing involves assigning geographic coordinates to the CAD drawing, so it can be overlaid onto a map in the GIS. This is typically done using software such as ArcGIS or QGIS. Quality Assurance: Before the floorplan can be loaded into the GIS, it must undergo a quality assurance (QA) process. This involves reviewing the CAD drawing for accuracy and ensuring that it aligns with the physical space it represents. Any errors or discrepancies are corrected at this stage. Loading into GIS: Finally, the floorplan is ready to be loaded into Cartegraph which also loads it into ArcGIS. The georeferenced floorplan is automatically overlayed on the basemap and oriented to the correct position. The floorplan can then be used to analyze and visualize data related to the space, such as occupancy levels, energy usage, and equipment locations. FLOOR PLAN SPECIFICS •Visible main utilities (electrical panels, sprinkler riser, water shut off, hose bibs, meters, fire sprinkler hook up) will be included on Floor Plan with a linked image. Utility information will not be provided on structures that are not measured. •All enclosed buildings serving the parks listed (restrooms, concessions, etc.) will be measured for Floor Plans. Open structures such as gazebos and stages will not be measured. •FLS items currently not included in the scope. SITE PLAN SPECIFICS •Site Plan will be created by taking a snippet from Google Maps and labeling visible structures and utilities. Field Technicians will walk site to identify visible utilities, we recommend having someone meet them onsite who can point out all locations to insure their inclusion. Structures visible on Google Maps will be noted. •All locations will be approximate. •Photos of visible utilities will be linked to site plans. •Site Plans will be delivered in PDF format, no CAD file will be provided INCLUSIONS / EXCLUSIONS •Square foot calculations are not provided unless a Lease Plan is included in scope of work. •Photos are taken by the technicians throughout their measuring process. These photos are strictly to help the CAD technicians view architectural conditions. They are for office use only. •All exterior spaces connected to the subject building i.e. decks, exterior stairs, loading docks, etc. will be measured unless otherwise instructed. This does not include poured concrete patios. •If at any time, field staff encounters an unsafe building condition, they have the right to not proceed with measurement. Client will be notified immediately. Item 1J-76 24 FLOOR PLAN DELIVERABLES • Detailed survey of the property, accurate to 0.2%, measuring and locating all walls, doors, windows, stairwells, elevators, plumbing fixtures, built-in cabinetry and ventilation shafts. All measurements recorded with laser measuring equipment using our custom floor plan software or 3D scanners, depending on scope of work and nature of building. • CAD drawing files AutoCAD format (Standard is AutoCAD 2000) together with PDF graphic files. (NOTE: 1 model DWG + 1 standard 2-D As-Built Floor Plans sheet layout per floor). • SCALE: Plans will be set to a graphic scale (not architectural) that fits best on an 8.5”x11”, 11”x17” or 24”x36” paper size. Specific scales must be requested prior to the appointment. • All dimensions are rounded to the nearest inch. ACCESS • It is the Client’s responsibility to make arrangements for access to all rooms within the scope of work (including all mechanical and storage rooms) during the measuring time period on the survey date. • The technician will not move items to gain access to detail. If items such as electrical outlets are not visible due to furniture or clutter, then they cannot be located. Spaces such as closets do not need to be emptied, however, the technician will need to be able to obtain clear shots of each wall. • Bureau Veritas will not be responsible for rooms not surveyed due to locked access. Locked rooms will be noted as such on the plans. • This proposal is based on the assumption that there will be uninterrupted access to these rooms and calls from the field will not be necessary to secure access. If constant surveillance of our field staff is required for spaces other than high security areas, an additional fee will be added due to the reduced efficiency. • Additional trips to site due to access issues will be subject to a trip fee. Item 1J-77 25Bureau Veritas has the required resources to perform the project in a timely manner. The proposed schedule below is open to discussion between the City of Palm Desert and Bureau Veritas. ID Task Name Start Finish 1 Notice to Proceed Mon 5/8/23 Mon 5/8/23 2 Review Period with Palm Desert Mon 5/8/23 Mon 5/15/23 3 Mobilization and Program Planning Mon 5/8/23 Thu 5/11/23 4 Database Review and Customization Fri 5/12/23 Fri 5/12/23 5 Kickoff Meeting Mon 5/15/23 Mon 5/15/23 6 Progress Updates (teleconference)Mon 5/15/23 Mon 6/5/23 12 Field Data Collection - Pilot Program Assessments Mon 5/15/23 Tue 6/6/23 13 Pilot Program Assessment and Draft Report Mon 5/15/23 Fri 5/26/23 14 Pilot Report Palm Desert Review Mon 5/29/23 Fri 6/2/23 15 Pilot Review Meeting (Teleconference)Mon 6/5/23 Mon 6/5/23 16 Protocol and Procedures Revisions Tue 6/6/23 Tue 6/6/23 17 Field Data Collection Wed 6/7/23 Thu 7/6/23 18 Team 1: A/E Assessment Wed 6/7/23 Thu 7/6/23 19 Draft Report Deliverable Period - Data Development Fri 6/9/23 Fri 8/11/23 20 Report Writing (Rolling Delivery)Fri 6/23/23 Thu 8/3/23 21 Cost Estimates, Prioritization, Inventory, PMP Fri 7/14/23 Thu 8/3/23 22 Floorplans and Site Plans Fri 6/9/23 Thu 8/3/23 23 Deliver Draft Reports Thu 8/3/23 Thu 8/3/23 24 Palm Desert Review of Draft Reports Fri 7/14/23 Thu 8/10/23 25 Draft Review Meeting (Teleconference)Fri 8/11/23 Fri 8/11/23 26 Final Report Deliverable Period Fri 8/11/23 Fri 8/25/23 27 Revisions to Drafts and Migration to Cartegraph Fri 8/11/23 Thu 8/24/23 28 Final Presentation and Software Training Fri 8/25/23 Fri 8/25/23 5/8 5/15 6/5 8/3 8/11 8/25 4/30 5/7 5/14 5/21 5/28 6/4 6/11 6/18 6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 May June July August Sept Task Split Milestone Summary Project Summary External Tasks External Milestone Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Progress Deadline Page 1 Project: Proposed FCA Schedule Date: Wed 4/5/23 Proposed Schedule Item 1J-78 26 4.3 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, 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, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partner- ship, 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. Erik Piller, Senior Vice President 4.4 TYPE OF BUSINESS Bureau Veritas is a Limited Liability Corporation. 4.5 LITIGATION Please understand in the course of our business meritless claims arise from time to time. It is the Company’s policy not to comment on any current litigation. However, without waiving its policy, the Company has no judgments, pending litigation, liens, or claims that would adversely impact the financial stability, insurability, or performance of professional services of the Company. BV is the recognized leader in its field worldwide and is one of the largest firms providing profes- sional health, safety and environmental services. 4.6 CHANGES TO AGREEMENT Bureau Veritas does not have any objections or requested changes to the City's Standard Professional Services Agreement provided in the RFP. 4.7 NO DEVIATIONS FROM THE RFP Bureau Veritas does not have any exceptions to the City's RFP, including the insurance and idemnification provisions. 4.8 PROJECT TEAM RESUMES Please find our Project Team's resumes in the Firm Staffing and Key Personnel section of this proposal. Item 1J-79 27 4.9 SIGNATORIES AUTHORIZED TO SIGN AND BIND AN AGREEMENT Please see below for a list of signatories authorized to sign and bind an agreement. Matt Munter Executive Vice President 10461 Mill Run Circle, Suite 1100 Owings Mills, MD 21117 800 733 0660 x7292709 Matt.Munter@bureauveritas.com Erik Piller Senior Vice President 10461 Mill Run Circle, Suite 1100 Owings Mills, MD 21117 800 733 0660 x7292704 Erik.Piller@bureauveritas.com 4.10 CERTIFICATION OF PROPOSAL The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP. Erik Piller, Senior Vice President Item 1J-80 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Shawn Muir, Community Services Manager REQUEST: AWARD A CONTRACT FOR ENGINEERING AND DESIGN SERVICES TO THE ALTUM GROUP FOR ADA IMPROVEMENTS AT CAHUILLA HILLS PARK IN THE AMOUNT OF $136,933 (PROJECT NO. 949-23) RECOMMENDATION: 1. Award a contract for engineering and design services to The Altum Group for ADA improvements at Cahuilla Hills Park in the amount of $136,933. 2. Authorize the Finance Department to set aside a contingency amount of $20,000 for unforeseen circumstances. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount. 4. Authorize the Mayor to execute said agreement. This is a Community Development Block Grant (CDBG)-funded project and funds are available in Account No. 2204800-4388000. BACKGROUND/ANALYSIS: Cahuilla Hills Park is a 27.5-acre park located at 72-700 Tierra Del Oro, Palm Desert, CA 92260. The park features several trailheads, picnic areas, and tennis courts. The Park’s Accessibility is currently limited according to the evaluation performed by the City’s accessibility consultant, “Disability Access Consultants, Inc” (DAC). The accessibility evaluation provided recommendations to address the deficiencies. A CDBG funding application requesting $350,00 was submitted by the City in Fiscal Year 2022- 2023 to address the accessibility deficiencies. The City applied for CDBG funding in the amount of $350,000 in Fiscal Year 2022-2023. The City was awarded CDBG funds in the amount of $183,420 on July 14, 2022, to be utilized to correct Accessibility deficiencies (Attachment 1). Staff issued a Request for Proposals for engineering and design of these improvements through the City’s online public bidding portal on January 6, 2023. A mandatory pre-proposal meeting was held on January 26, 2023, and three consultants were in attendance. Three proposals were received by the February 15, 2023. A summary of the proposals received is displayed on the table below. Consultant Location Rank Proposal Amount The Altum Group Palm Desert, CA 1 $136,933 Interwest Consulting Group Perris, CA 2 $155,185 Engineering Resources of Southern California Redlands, CA 3 $222,411 Item 1K-1 City of Palm Desert Award Contract for Engineering and Design of ADA Improvements at Cahuilla Hills Park Page 2 of 2 The proposal submitted by The Altum Group was ranked the highest by staff and was the lowest in cost. Staff has previously collaborated with The Altum Group and in addition to providing a high level of service, found them to be professional and responsive. STRATIGIC PLAN Parks & Recreation – Priority 1: “Prepare for the financial requirements of maintaining existing parks to the highest level of service. Planning efforts shall also address future costs of replacement and growth of the park’s capital improvement fund”. FINANCIAL IMPACT: A total amount of $183,420 is available for the accessibility Improvements at Cahuilla Hills Park Project through a Fiscal Year 2022-2023 Community Development Block Grant under Account No. Account No. 2204800-4388000. The project cost, including contingency, totals $156,933; therefore, there is no financial impact to the general fund. The unused portion of the Fiscal Year 2022-2023 Community Development Block Grant funds for this project may be carried over to the next fiscal year to be used for a future phase such as construction. REVIEWED BY: Department Director: Martin Alvarez City Attorney: Isra Shah Finance Director: John Ramont for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1. CDBG Recommendations and Annual Action Plan FY 22-23 Agreement 2. The Altum Group proposal Item 1K-2 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 14, 2022 PREPARED BY: Angel J. Cardoz, Senior Financial Analyst REQUEST: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FY 2022-2023 RECOMMENDATION: 1. Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed Annual Action Plan (FY 2022/2023), FY 2022/2023 Funding Award Recommendations and related items. 2. Approve Outside Agency Funding Committee (“Committee”) recommendations for FY 2022/2023 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed. 3. Approve the use of the FY 2022/2023 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee. 4. Approve the City’s FY 2022/2023 CDBG Annual Action Plan (“Annual Plan”). 5. Authorize staff to submit the City’s CDBG Annual Plan to HUD. 6. Authorize the Mayor and/or the City Manager to execute any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: The Community Development Block Grant (CDBG) Program, which is administered by the U.S. Department of Housing and Urban Development (HUD) provides eligible jurisdictions federal funds to address the needs of low- and moderate-income people, to allow for neighborhood improvements, and to be available for urgent needs. The City is required to submit an application (Action Plan) annually to HUD that outlines CDBG funding recommendations while addressing other federal requirements. In Fiscal Year 2022/2023, the City will receive $394,525 in CDBG funds. The CDBG funding recommendations are summarized on the next page and attached as Exhibit A . Item 1K-3 City of Palm Desert Approve Outside Agency Funding Committee Recommendations Page 2 of 3 The summary of grant applications, which includes on overview of applicants and funding rationales, can be found as Exhibit B. The Action Plan is attached as Exhibit C. City staff has worked with our CDBG Consultant to ensure completion of the various steps necessary during the development of the Action Plan to promote public participation, which is consistent with the City’s HUD-approved Citizen Participation Plan. Those public participation activities include: May 3, 2022: The City held a community workshop to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. May 31, 2022: The Outside Agency Funding Committee ( Committee) convened to allow for public comment and discussion of the CDBG funding recommendations. The Committee unanimously recommended the City Council approve the CDBG funding recommendations. June 15, 2022: City staff opened an additional 30-day public comment period. July 14, 2022: End of the 30-day public comment period. Following City Council’s consideration and the public comment period, City staff anticipates submitting the Action Plan to HUD for approval on July 15, 2022. Item 1K-4 Item 1K-5 Fiscal Year 2022-23 CDBG Funding Recommendations CDBG Allocation: $ 394,525 Activity Description Location Requests Recommendations Committee Public Services (15% Cap) 1 Coachella Valley Women's Business Center Technical assistance to early-stage entrepreneurs $25,000.00 $0.00 2 Desert Access and Mobility Transportation services to individuals who are blind, disabled, or cannot drive safely $10,000.00 $10,000.00 3 Elder Love USA, Inc Senior small home repair focused primarily on safety and security $45,000.00 $10,000.00 4 Fair Housing Council of Riverside County* Federally mandated fair housing services $24,500.00 $22,200.00 5 Operation Safe House, Inc. Case management services for homeless youth at a transitional living facility $10,000.00 $10,000.00 114,500.00 $52,200.00 Public Facilities and Improvements (No Cap) 9 Cahuilla Hills ADA Compliance Project Budget ADA restroom upgrades, ADA-compliant parking space, and trailhead grading/paving to provide ADA access 350,000.00 $183,420.00 10 Desert Arc ADA restroom upgrades $125,000.00 $80,000.00 11 The Joslyn Center ADA restroom upgrades $80,000.00 $0.00 12 The Ranch Recovery Centers Replace flooring for 2 men dorms and replace air conditioners in 8 women housing units. 75,340.00 $0.00 630,340.00 $263,420.00 Program Administration (20% Cap) 13 Fair Housing Council of Riverside County* Federally mandated fair housing services $20,000.00 $20,000.00 14 Grant Administration Overall grant management $58,905.00 $58,905.00 78,905.00 $78,905.00 823,745.00 $ 394,525.00 Note that Fair Housing Council of Riverside submitted one request for a total of $44,500; however, in the table, the project is broken out as two requests to differentiate between activity types. Item 1K-6 Appendix B: Summary of Grant Applications Below you will find a summary of each grant application for Fiscal Year 2022-23. 1. Coachella Valley Women’s Business Center (Public Services) Requested Amount: $25,000 Funding Recommendation: $ 0 Program Description: o The agency provides training and assistance to new business owners with the steps of obtaining required licenses and permits, along with writing a business plan, preparing (and understanding) financial statements, and developing a solid marketing plan with which to promote the business. They will reach out to the underserved early-stage entrepreneurs to help them to rebuild their businesses with a solid legal and business foundation. Beginning with the most basic classes, including a series on how to write a business plan, marketing, financials, and QuickBooks, the center will give participants the foundational knowledge they need, and they will work with CVWBC counselors to make sure that they are properly licensed, that they are compliant in human resource related subjects such as payroll and hiring, and insurance. The agency proposes to serve 20 businesses, 20 jobs will be retained and 10 jobs created. 2. Desert Access & Mobility (Public Services) Requested Amount: $10,000 Funding Recommendation: $10,000 Program Description: o The agency provides transportation services to individuals who are blind, disabled or cannot drive safety. Clients are assisted from their front doors to final destinations (e.g., doctors, groceries, employment), and can be picked up typically within 15 to 20 minutes for return transportation services. Drivers can assist members with carrying packages or groceries as well. The agency proposes to serve 75 clients. They are now taking two persons per ride instead of one person, which was done during COVID. 3. Elder Love USA, Inc. (Public Services) Requested Amount: $45,000 Funding Recommendation: $10,000 Program Description: o The agency will provide homeowner rehabilitation to elderly owners and/or disabled and 65 years of age or older. The focus is any health and safety repairs, such as installation of grab bars in the bathroom, installing 10-year Item 1K-7 smoke and carbon monoxide detectors, ramps, security devices, etc. They will also assist with minor home repairs such as broken locks, doors, plumbing issues, electrical issues, and clearing of bushes or other landscaping needs where it is unsafe (such as on sidewalks or entry ways, etc). The agency proposes to serve 50 persons. 4. Fair Housing Council of Riverside County (Public Services & Program Administration) Requested Amount: $44,500 Funding Recommendation: $42,200 Program Description: o The agency provides fair housing services throughout Riverside County. As a recipient of CDBG funds, the City is mandated to provide fair housing services. The agency requests funds for various operational costs and proposes to serve 450 households. 5. Operation Safehouse (Public Services) Requested Amount: $10,000 Funding Recommendation: $10,000 Program Description: o The agency serves runaway youth, homeless and at-risk youth in the Coachella Valley. The agency requests funds for staffing to continue the operation of the Harrison House (transitional living home), which supports homeless young adults ages 18 to 22 who seek becoming independent and self-sufficient adults. The agency proposes to serve 10 youth. 6. City of Palm Desert, ADA improvements at Cahuilla Hills Park (Public Facilities and Improvements) Requested Amount: $350,000 Funding Recommendation: $183,420 Project Description: o Cahuilla Hills Park, located in south Palm Desert, was evaluated by Disability Access Consultants and several improvements were identified to bring the trailhead into ADA compliance. Although these improvements include areas throughout the park, Staff have identified the following activities to initiate broader ADA access in the future: Install ADA Parking 50,000), ADA Restroom Upgrades, and ADA Cement Pad/Grading 150,000). 7. Desert Arc (Public Facilities and Improvements) Requested Amount: $ 125,000 Funding Recommendation: $ 80,000 Project Description: o The agency enhances the quality of life and creates opportunities for people Item 1K-8 with disabilities. The agency requests funds to upgrade restrooms in Building 1 to meet ADA requirements. These restrooms are located in the area joining the cafeteria and the Adult Day Program. Clients using the restrooms are clients in the Kitchen Academy (part of the Work Activity Program), clients in the Independent Placement Program that use Building 1 as their base, and clients in the Adult Day Program that have a workshop in Building 1. In addition, clients eating in the cafeteria also have access to these restrooms. 8. The Joslyn Center (Public Facilities and Improvements) Requested Amount: $ 80,000 Funding Recommendation: $ 0 Project Description: o The agency provides numerous services for seniors, including social and health/wellness programs. The agency requests funds to begin constructing Americans with Disabilities Act (ADA) improvements in its restroom facilities. 9. The Ranch Recovery Centers (Public Facilities and Improvements) Requested Amount: $ 75,340 Funding Recommendation: $ 0 Project Description: o The agency is a substance abuse treatment center, providing residential treatment, detoxification, sober living and family program services. Facility Improvements – The Ranch (Men’s Facility) remove old carpeting and replace flooring with tile in both dorms. This will enhance the health, safety and cleanliness for the clients. Hacienda Valdez (Women’s Facility) replace old air conditioners in eight (8) women’s housing units (rooms). This will enhance quality of life during the hot summer months. 10. City of Palm Desert (Administration) Requested Amount: $58,905 Funding Recommendation: $58,905 Project Description: The City can allocate up to 20% of new funds for administrative costs to manage the CDBG Program. The total amount of recommended administrative funds is approximately 76% of the Fiscal Year 2021-22 CDBG allocation. Item 1K-9 FISCAL YEAR 2022-23 ANNUAL ACTION PLAN DRAFT 06/15/2022 PUBLIC COMMENT PERIOD June 15, 2022 – July 14, 2022 Item 1K-10 Annual Action Plan 2022 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction As a requirement of the U.S. Department of Housing and Urban Development, this document represents the Program Year 2022 Annual Action Plan. The City of Palm Desert (City) has been allocated $394,525 in Community Development Block Grant (CDBG) funds. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Annual Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while concurrently aligning with the goals of the previously-approved Program Year 2018-2023 Consolidated Plan. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. A performance evaluation is annually performed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Annual Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City held a public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity to review and comment on programming of CDBG funds. 5. Summary of public comments Item 1K-11 Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City did not receive any public comments. 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments. 7. Summary This Annual Action Plan identifies CDBG-eligible activities selected by the City to fund this program year. These activities align with the goals and outcomes identified in the Consolidated Plan. Also, these activities are administered by both the City as the grantee and nonprofit organizations as subrecipients. This Annual Action Plan enables the City to examine high-priority community needs; to propose activities that effectively utilize resources to address those needs; and to improve the quality of life for low and moderate-income persons. Item 1K-12 Annual Action Plan 2022 3 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency PALM DESERT CDBG Administrator City Manager's Office / City of Palm Desert HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) Consolidated Plan Public Contact Information Mr. Angel Cardoz Financial Management Analyst 73-510 Fred Waring Drive 760-776-6389 Item 1K-13 Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Annual Action Plan as required by 24 CRF 91.100. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) On May 3, 2022, a community workshop/public hearing was held to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. On May 31, 2022, the City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. The City submitted the Annual Action Plan on July 15, 2022. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County. The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG). For years, the City contributed funds to CVAG for the operation of Roy’s Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. The City recently made another financial commitment in the amount of $100,000 to CVAG to continue to implement homelessness services. A summary of accomplishments can be found at City Hall. Item 1K-14 Annual Action Plan 2022 5 OMB Control No: 2506-0117 (exp. 09/30/2021) The City operates a homelessness assistance program as well. The program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialists in Palm Desert to focus on providing homelessness services. Please note the County of Riverside coordinates the Continuum of Care as well. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Item 1K-15 Annual Action Plan 2022 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (fair housing). 2 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (elderly persons). 3 Agency/Group/Organization OPERATION SAFEHOUSE, INC. Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Needs - Unaccompanied youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services homeless/unaccompanied youth). 4 Agency/Group/Organization Desert Access and Mobility Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to provide public services (persons with disabilities). Item 1K-16 Annual Action Plan 2022 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization John F. Kennedy Memorial Foundation/Healthy Family Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to construct public facilities and improvements (serving at-risk youth). 6 Agency/Group/Organization DESERT ARC Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The subrecipient applied for CDBG funds to construct public facilities and improvements (serving people with disabilities). Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to keep a comprehensive list of stakeholders potentially eligible to receive CDBG funds for activities consistent with the Consolidated Plan goals. As some stakeholders undergo staffing changes, on occasion City staff is unaware of such changes throughout the program year. As a result, some stakeholders may not realize the City is attempting to consult with their organizations during the Annual Action Plan process. To mitigate this concern, City staff updates its contact list annually to ensure proper channels of communication with stakeholders. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Table 3 – Other local / regional / federal planning efforts Narrative (optional) Item 1K-17 Annual Action Plan 2022 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting On May 3, 2022, a community workshop/public hearing was held to receive comments regarding the development of the Annual Action Plan. The City conducted outreach and issued public notices regarding the application process for subrecipient awards as well. On May 31, 2022, the City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from June 15, 2022, through July 14, 2022. On July 14, 2022, the City Council held a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan. The City submitted the Annual Action Plan on July 15, 2022. Citizen Participation Outreach Sort Or der Mode of Ou treach Target of Ou treach Summary of response/atte ndance Summary of comments re ceived Summary of co mments not accepted and reasons URL (If applica ble) 1 Public Hearing Non- targeted/bro ad community Public Hearing 05/03/2022 6 3 0 Item 1K-18 Annual Action Plan 2022 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Or der Mode of Ou treach Target of Ou treach Summary of response/atte ndance Summary of comments re ceived Summary of co mments not accepted and reasons URL (If applica ble) 2 Public Meeting Non- targeted/bro ad community Outside Agency Meeting 05/31/2022 0 0 0 4 Public Hearing Public Hearing 07/14/22) 0 0 Table 4 – Citizen Participation Outreach Item 1K-19 Annual Action Plan 2022 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction This Annual Action Plan represents an allocation from HUD in the amount of $394,525 in CDBG funds for Program Year 2022. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan Narrative Description Annual Allocation: Program Income: $ Prior Year Resources: Total: CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 394,525 0 0 394,525 394,525 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The above sources of funding have been identified as available funds to be leveraged with, where and when possible, nonprofit organizations Item 1K-20 Annual Action Plan 2022 11 OMB Control No: 2506-0117 (exp. 09/30/2021) and other entities awarded CDBG funds to provide assistance to meet the goals and objectives as outlined within the City's Five-Year Consolidated Plan and One-Year Annual Action Plan. Funded organizations will also utilize awarded funds to leverage, where and when possible, dollars available through the organization as well as other grant awards and/or donations to undertake programs/projects that may not otherwise be possible. Organizations have more flexibility to utilize funding more efficiently and effectively to provide needed support services to clients. Item 1K-21 Annual Action Plan 2022 12 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A Discussion The City will continue to allocate CDBG funding and other sources of funding when and where available to meet the needs of qualifying individuals as designated by HUD. Programs and projects will be targeted that address goals and objectives identified within the Annual Action Plan and Consolidated Plan. In addition, the funds will be targeted so as to provide the maximize benefit to those in need. Item 1K-22 Annual Action Plan 2022 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Support efforts to combat homelessness 2018 2023 Homeless Citywide Homelessness CDBG: 10,000 Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit: 10 Youth Assisted 2 Enhance public facilities 2018 2023 Non-Housing Community Development Citywide Public Facilities CDBG: 263,420 Other: 3 Other 3 Increase fair housing activities 2018 2023 Citywide Fair Housing CDBG: 42,200 Public service activities for Low/Moderate Income Housing Benefit: 450 Households Assisted 4 Provide support for public service programs 2018 2023 Non- Homeless Special Needs Citywide Special Needs Populations Low-to- Moderate Income Housing CDBG: 20,000 Public service activities for Low/Moderate Income Housing Benefit: 135 Households Assisted Table 6 – Goals Summary Item 1K-23 Annual Action Plan 2022 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Support efforts to combat homelessness Goal Description Support activities to prevent and end homelessness, such as funding affordable housing opportunities, and resource centers for homeless individuals 2 Goal Name Enhance public facilities Goal Description Improve City of Palm Desert public facilities and infrastructure to benefit residents in low- and moderate-income target areas or those presumed under HUD regulations to be low- and moderate-income such as the elderly and disabled adults. 3 Goal Name Increase fair housing activities Goal Description Promote fair housing choice by funding fair housing organizations to provide fair housing services, such as education, tenant-landlord mediation, and testing. 4 Goal Name Provide support for public service programs Goal Description Provide lower-income persons with appropriate health, fitness, recreational, educational and other services to support the emotional and developmental well- being of low- and moderate-income families Item 1K-24 Annual Action Plan 2022 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction The Annual Action Plan identifies funding the following activities: Public Services ($52,200) Public Facilities and Improvements ($263,420) Program Administration ($78,905) Projects Project Name 1 Public Facilities and Improvements 2 Public Services 3 Program Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City identifies its highest priority needs during its citizen participation process every year and the Consolidated Plan process every five years. Activities are funded annually taking into consideration these highest priority needs. The primary obstacle to address underserved needs in the community is the lack of resources to provide a greater level of assistance. Item 1K-25 Annual Action Plan 2022 16 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Item 1K-26 Annual Action Plan 2022 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Public Facilities and Improvements Target Area Citywide Goals Supported Enhance public facilities Needs Addressed Special Needs Populations Public Facilities Funding CDBG: $263,420 Description Funding public facilities and improvements at the City of Palm Desert Cahuilla Hills Park ADA Compliance Project ($183,420) and Desert ARC ($80,000) Eligible Activity (Matrix Code): 03F; 03G; 03A. CDBG National Objective: LMC Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Cahuilla Hills Park ADA Compliance: 1 facility improvement Desert ARC: 1 facility improvement Location Description City of Palm Desert Cahuilla Hills Park: 45825 Edgehill Drive, Palm Desert, CA 92260 Desert ARC: 73255 Country Club Dr, Palm Desert, CA 92260 Planned Activities City of Palm Desert Cahuilla Hills Park ($183,420) – ADA restroom upgrades, ADA-compliant parking space and trailhead grading/paving to provide ADA access Desert ARC ($80,000) – ADA restroom upgrade 2 Project Name Public Services Target Area Citywide Goals Supported Provide support for public service programs Increase fair housing activities Needs Addressed Special Needs Populations Fair Housing Funding CDBG: $52,200 Item 1K-27 Annual Action Plan 2022 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Desert Access & Mobility ($10,000), Elder Love USA, Inc. 10,000), *Fair Housing Council of Riverside County $22,200 – and Operation SafeHouse ($10,000). Fair Housing Council of Riverside County has been split into two categories: Public Service and Administration Eligible Activity (Matrix Code): 05A; 05D; 05E; 05J. CDBG National Objective: LMC Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Desert Access & Mobility: 75 Elder Love USA, Inc.: 50 Fair Housing Council of Riverside County: 450 Operation SafeHouse: 10 Location Description Desert Access & Mobility: 471 E. Tahquitz Canyon Way, Suite 218, Palm Springs, CA 92262 Elder Love USA, Inc.: 41550 Eclectic Street, Palm Desert, CA 92260 Fair Housing Council of Riverside County: 4164 Brockton Avenue, Riverside, CA 92501 Operation SafeHouse: 9685 Hayes Street, Riverside, CA 92503 Planned Activities Desert Access & Mobility: Transportation services to individuals who are blind, disabled or cannot drive safely Elder Love USA, Inc.: The agency will provide homeowner health and safety repairs to elderly owners and/or disabled and 65 years of age or older to their homes Fair Housing Council of Riverside County: Mandated fair housing services Operation SafeHouse: Case management services for homeless youth at a transitional living facility 3 Project Name Program Administration Target Area Citywide Item 1K-28 Annual Action Plan 2022 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Enhance public facilities Provide support for public service programs Increase fair housing activities Needs Addressed Homelessness Special Needs Populations Low-to-Moderate Income Housing Public Facilities Fair Housing Funding CDBG: $78,905 Description Program Administration ($58,905) and fair housing services 20,000) Eligible Activity (Matrix Code): 21A; 21D. CDBG National Objective: LMC Planning and Administration: CDBG Citation: 570.206(a) Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Program Administration: N/A Fair Housing Council of Riverside County: Statistics under public services Location Description Program Administration: 73510 Fred Waring Drive, Palm Desert, CA 92260 Fair Housing Council of Riverside County: 4164 Brockton Avenue, Riverside, CA 92501 Planned Activities Program Administration: CDBG grant management Fair Housing Council of Riverside County: federally mandated fair housing services Item 1K-29 Annual Action Plan 2022 20 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Palm Desert is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). CDBG funds will be used for low- and moderate-income clientele or presumed benefit). Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years. Discussion N/A Item 1K-30 Annual Action Plan 2022 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The City is not undertaking any CBDG-funded housing activities in the program year. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 0 Special-Needs 0 Total 0 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 0 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion N/A Item 1K-31 Annual Action Plan 2022 22 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The City will not undertake activities that address public housing in the program year. Actions planned during the next year to address the needs to public housing Not Applicable. The City does not own nor operate public housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Not Applicable. The City does not own nor operate public housing. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable. The City does not own nor operate public housing. Discussion Not Applicable. The City does not own nor operate public housing. Item 1K-32 Annual Action Plan 2022 23 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City operates a homelessness assistance program as well. The program that has a primary focus on homelessness locally. The program contracts with the Riverside University Health System to provide a Behavioral Health Specialists in Palm Desert to focus on providing homelessness services. Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support. The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals Item 1K-33 Annual Action Plan 2022 24 OMB Control No: 2506-0117 (exp. 09/30/2021) and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including: The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed. Homeless CoC youth providers have implemented outreach and service-based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from Item 1K-34 Annual Action Plan 2022 25 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency. Discussion N/A Item 1K-35 Annual Action Plan 2022 26 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing. Discussion: N/A Item 1K-36 Annual Action Plan 2022 27 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals. Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general. However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues. Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered “20% Set Aside Funds”. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible. Actions planned to reduce lead-based paint hazards The City’s Building & Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case by case basis through multiple steps. Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out Item 1K-37 Annual Action Plan 2022 28 OMB Control No: 2506-0117 (exp. 09/30/2021) additional partnerships for programs that encourage self sufficiency including employment and training, housing options, and safety net programs. Actions planned to develop institutional structure The City will continue to work with outside agencies to maintain and develop relationships, including with nonprofit organizations, private businesses, the CoC, and nonprofit organizations in the region. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at risk groups of individuals and families. Discussion: N/A Item 1K-38 Annual Action Plan 2022 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: Activities planned with CDBG funds expected to be available during the year are identified in the project tables. The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Annual Action Plan. 70.00% N/A Item 1K-39 Annual Action Plan 2022 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Item 1K-40 Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Comments Item 1K-41 Item 1K-42 I. CALL TO ORDER Chairman Chavez called the meeting to order at 2:36 p.m. II. ROLL CALL All present participated in a video conference. Present: Jan Harnik, Member, Mayor Sabby Jonathan, Member, Mayor Pro-Tempore Veronica Chavez, Committee Chair, Director of Finance Todd Hileman, Member, City Manager (2:42 p.m.) Jill Tremblay, Member, Best, Best & Krieger Also Present: Patty Leon, Recording Secretary Skky Garcia, Management Specialist Angel Cardoz, Senior Financial Analyst Maria Gallegos, Michael Baker International Jenna LeComte -Hinely – HARC Barbara Workman – Desert Access and Mobility III. ORAL COMMUNICATION None. IV. APPROVAL OF MINUTES A. MINUTES of the Outside Agency Funding Committee meeting of June 2, 2021 Rec: Approve as presented. Main Motion: Approve the minutes of the OA Funding Committee meeting of June 2, 2021 Moved by: Harnik, Jonathan Vote and Action: 4 Yes, 1 absent (Hileman) PRELIMINARY MINUTES OUTSIDE AGENCY FUNDING COMMITTEE/ COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE Tuesday, May 31, 2022 – 2:30 p.m. Virtual Meeting Item 1K-43 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 2 of 3 May 31, 2022 V. NEW BUSINESS A. Outside Agency Funding Recommendations FY 2022-2023 Items 1 - 20 were discussed concurrently] 1. Abraham Lincoln Elementary PTO - $5,000 2. James E. Carter Elementary PTO - $6,500 3. Palm Desert Charter Middle School Foundation - $9,500 4. Palm Desert Charter Middle School PTO - $9,000 5. Palm Desert High School - $10,000 6. Ronald Reagan Elementary School – $5,555 7. Washington Charter School Parent’s Club Foundation - $10,000 8. Assistance League of California Valley - $2,500 9. Coachella Valley Youth Golf Foundation - $5,000 10. HARC, Inc. - $5,000 11. Historical Society of the Desert - $13,000 12. Media All Stars - $445 13. OneFuture Coachella Valley - $8,500 14. Palm Springs Air Museum - $10,000 15. PDLQ Youth Football - $10,000 16. Read with Me Volunteer Programs - $5,000 17. Variety – The Children’s Charity of the Desert - $5,000 18. Virginia Waring International Piano Competition - $10,000 19. YMCA – Jean Benson - $44,000 20. YMCA – Youth & Government - $12,000 Staff to follow up with the total number of Palm Desert residents that attended the Palm Desert Day at the Palm Springs Air Museum and also communicate to the PDLQ Youth Football of any funding requests made to the City of La Quinta for FY 22-23. Main Motion: Approve Outside Agency Funding in the amount of $186,000 to the organizations listed on the summary for OA Funding for FY 22-23 Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No B. CBDG Funding Recommendations – Program Administration 1. Public Services (15% Cap) A. Coachella Valley Women’s Business Center - $0 B. Desert Access and Mobility - $10,000 C. Elder Love USA, Inc - $10,000 D. Fair Housing Council of Riverside County* - $22,200 E. Operation Safe House, Inc. - $10,000 Item 1K-44 MINUTES - OUTSIDE AGENCY FUNDING COMMITTEE/CDBG Page 3 of 3 May 31, 2022 2. Public Facilities and Improvements (No Cap) A. Cahuilla Hills ADA Compliance Project Budget - $183,420 B. Desert Arc - $80,000 C. The Joslyn Center - $0 D. The Ranch Recovery Centers - $0 3. Program Administration (20% Cap) A. Fair Housing Council of Riverside County* - $20,000 B. Grant Administration - $58,905 Main Motion: Approve CBDG Funding in the amount of $394,525 to the organizations listed on the summary for CDBG Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No C. Community Development Block Grant Joint Recipient Cooperative Agreement for Fiscal Years 23-24, 24-25, 25-26 Main Motion: Approve CBDG Joint Recipient Cooperative Agreement Moved by: Harnik, Jonathan Vote and Action: 5 Yes 0 No VI. ADJOURNMENT It was the consensus of the Committee to adjourn the meeting at 3:41 p.m. Respectfully submitted: Patty Leon Patty Leon, Recording Secretary Item 1K-45 CITY OF PALM DESERT CITY MANAGER’S OFFICE INTEROFFICE MEMORANDUM To: Honorable Mayor and Councilmembers From: Heather Horning, Assistant to the City Manager Date: July 14, 2022 Subject: City Council Agenda (July 14, 2022) Below you will find questions received from the Mayor and/or Councilmembers and answers provided by City staff regarding tonight’s Council meeting agenda. CONSENT CALENDAR – ITEM O: APPROVE THE CITY OF PALM DESERT NEW YEAR’S EVE CELEBRATION ON EL PASEO Question: Is the New Year’s Event really happening a day early on December 30th? Can you provide more information about the count down with a "diamond drop"? o Answer: This event is scheduled for Friday, December 30th from 12pm to 8pm, and it will not include a “diamond drop” countdown as originally planned. The event organizers agreed that these did not make sense due to the date and time of the event proposed. In future, the organizers plan to implement changes to time and date for future New Year’s Eve events. The organizer is also open to implementing date and times changes in future years, as they build upon this year’s layout and concept. CONSENT CALENDAR – ITEM U: CONSIDERATION OF APPOINTMENT OF APPLICANTS TO FINANCE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION Question: Will there be a revised report for this item to reflect the appointments being made to the vacant Commission positions? o Answer: A corrected version of the Vacancies and Appointments Chart is included in the supplemental material provided to City Council prior to the meeting. ACTION CALENDAR – ITEM C: CONSIDERATION OF DESERT WILLOW RESIDENT PROGRAM CHANGES Question: When was the Desert Willow Resident Golf Rate increased to $52? o Answer: The City Council approved the increase to the Desert Willow Resident Golf Rate on June 28, 2018. The Staff Report and Resolution are attached for reference. Supplemental - Page 1 Page 7 Page 5 Item 1K-46 Question & Answer Memo Page 2 of 3 ACTION CALENDAR – ITEM J: ADOPT A RESOLUTION DECLARING THE CITY OF PALM DESERT OWNED PROPERTY LOCATED AT 45656 MOUNTAIN VIEW SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE SALE OF THE PROPERTY Question: Once the City has complied with the Surplus Land Act and proceeds to sell the property, may offers be ranked based on the quality of the proposed purchaser's plan for preserving the historic value of the property? o Answer: The short answer is yes. The Surplus Land Act dictates that the City must negotiate for 90 days with all viable respondents to the Notice of Availability (NOA) for the property with priority given to the project with the highest level of affordability. The NOA will include all information on the property including zoning and the historic designation. Respondents to the NOA will have to adhere to and take into consideration the requirements of the historic designation if they are proposing to renovate the property. The City would review plans for this property as they would any other historically designated property. After this time period has ended, the City is able to consider the quality of the proposed purchaser’s plan for preserving the historic value of the property when reviewing offers. ACTION CALENDAR – ITEM K: APPROVE A CONTRACT WITH CIRCUIT TRANSIT, INC., IN AN AMOUNT NOT TO EXCEED $200,000 FOR THE OPERATION OF UP TO THREE (3) VENDOR- OWNED EL PASEO COURTESY CARTS AND APPROPRIATE $41,000 FROM UNASSIGNED GENERAL FUND RESERVES Question: How do the proposed carts from Circuit compare to our current city-owned carts when it comes to access to individuals with mobility limitations? Do we achieve any improvement? o Answer: The City currently has one ADA accessible cart that is available upon request and used during special events when all three carts are being used. The proposal costs from Circuit include three carts, each with six seats, and does not include an ADA accessible cart. Circuit is able to provide the City with an ADA compliant cart with five seats at an additional hourly cost $2.60 per cart. The increase to the total proposed contract amount would be $4,000 to upgrade one cart to an ADA accessible cart. Therefore, the overall budget would increase from approximately $200,000 to $204,000 based on operations of three total carts, with one of them being ADA accessible. Question: Has staff reached any conclusions about best way to re-deploy our current carts? Do we have another possible use for them? Any chance the Living Desert might want them after their parking lot is expanded? o Answer: Staff does not currently have a plan for redeployment or reuse of the existing Courtesy Carts, but will explore options including their potential sale. Staff plans to bring options forward to the City Council for approval. Supplemental - Page 2 Item 1K-47 Question & Answer Memo Page 3 of 3 PUBLIC HEARING – ITEM B: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE RECOMMENDATIONS FOR FY 2022/2023 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) AND USE OF FUNDING, AND ANNUAL ACTION PLAN FOR FY 2022-2023 Question: Can you provide the comments/reasoning for the CDBG recipients receiving partial or no funding? o Answer: A memo with the comments/reasoning for each of the CDBG recipients receiving partial or no funding is attached. ATTACHMENTS: 1.Item 2C - Resolution 2018-47 Increase DW Resident Golf Rate 2.Item 3B - Memo CDBG Recipients Receiving Partial or No Funding Supplemental - Page 3 Page 21 Item 1K-48 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 25TH 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 THE ALTUM GROUP, a California corporation, with its principal place of business at 44-600 VILLAGE COURT, SUITE 100, PALM DESERT, CA 92260 ("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: ENGINEERING AND DESIGN FOR ADA IMPROVEMENTS AT CAHUILLA HILLS PARK (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 comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 3.1.2 Term. The term of this Agreement shall be from MAY 25, 2023 to JUNE 30, 2024, 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 Item 1K-49 Contract No. ____________ 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: JAMES BAZUA, VICE PRESIDENT. 3.2.5 City's Representative. The City hereby designates SHAWN MUIR, COMMUNITY SERVICES 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 JAMES BAZUA, VICE PRESIDENT, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the Item 1K-50 Contract No. ____________ 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 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 Item 1K-51 Contract No. ____________ shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Item 1K-52 Contract No. ____________ effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. (D) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. RESERVED (G) Cyber Liability Insurance. RESERVED If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (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. Item 1K-53 Contract No. ____________ (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (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 Item 1K-54 Contract No. ____________ to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance 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, Item 1K-55 Contract No. ____________ 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 THIRTY-SIX THOUSAND NINE HUNDRED THIRTY THREE DOLLARS ($136,933) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless Item 1K-56 Contract No. ____________ from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance Item 1K-57 Contract No. ____________ of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: THE ALTUM GROUP 44-600 VILLAGE COURT, SUITE 100 PALM DESERT, CA 92260 ATTN: JAMES BAZUA, VICE PRESIDENT City: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: SHAWN MUIR, 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. 3.6.3 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 Item 1K-58 Contract No. ____________ the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 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 Item 1K-59 Contract No. ____________ Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Item 1K-60 Contract No. ____________ 3.6.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.6.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.19 Authority to Enter Agreement. Consultant has all requisite power and Item 1K-61 Contract No. ____________ authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Item 1K-62 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND THE ALTUM 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 THE ALTUM GROUP By: Its: PRESIDENT Printed Name: DOUG FRANKLIN By: Its: VICE PRESIDENT Printed Name: JAMES BAZUA Item 1K-63 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES PALM DESERT TRAILHEAD PLANNING AND DESIGN PROJECT SCOPE OF SERVICES 1. PROJECT DESCRIPTION The City of Palm Desert (City) has many trails which are used by residents and visitors for recreation, sight- seeing, and the enjoyment of nature. The City has identified a need to increase amenities and update infrastructure at a popular trailhead location called Cahuilla Hills Park. The City plans to design an Americans with Disabilities (ADA) compliant parking stall, sidewalk, and trailhead pad to renovate the current park. The Scope of Services includes the engineering and design required for the future construction of these renovations. 2. LOCATION OF WORK The Cahuilla Hills Park and Trailhead is located at 45825 Edgehill Drive, Palm Desert, CA 92260. 3. GENERAL CONDITIONS AND REQUIREMENTS City requires the services of a competent engineering consulting firm (Consultant) to provide all professional engineering, landscape architecture and design services for the development of construction plans and specifications of the Project. The scope of work includes the development of the project documents and studies from conceptual engineering through to final project plans and specifications, preliminary engineering, landscape and utility design, plan development and cost estimates. The Consultant shall carry out the instructions as received from the City’s Project Manager and shall cooperate with City and any other consultants working on the Project. The Consultant may establish direct contact with utility companies for the purpose of obtaining information, expertise and assistance in developing project information. The Consultant shall maintain a record of all such contacts and shall transmit copies of the contacts and records promptly to City on a regular basis. City will participate in and/or provide prior approval for any and all intra-agency meetings. City will retain responsibility for all final consultation, both formal and informal, with utility companies regarding project and utility coordination, mitigation and compensation proposals. The Consultant will be available to provide advice and to participate in such consultations at the request of City. The Consultant shall be responsible for reproduction, circulation, and distribution of all studies, documents, reports, and engineering drawings pursuant to the requirements of this Scope of Services. In those instances where the Consultant believes a better design or solution to the problem is possible, they shall promptly notify City of these concerns, together with reasons therefor. The Consultant has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared for the Project and shall check all such material accordingly. Reviews by City do not include detailed review or checking of the design of major components and related details or the accuracy with which such designs are depicted on the plans. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. The Consultant or their sub-consultants shall not incorporate in the design, any materials or equipment of sole source origin without written approval of City. The plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Scope of Services shall be of a quality acceptable to City. The criteria for acceptance shall be a product of neat appearance, well-organized, technically, and grammatically correct. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by City. Item 1K-64 Contract No. ____________ Exhibit “A” The page identifying preparers of engineering reports, the title sheet for specifications and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of the certificate, and signature of the professional engineer(s) responsible for their preparation. The Consultant shall maintain a set of project files indexed as approved by City and hand over all project files to City at the completion of the project. All studies, plans reports, data, manuals, electronic software developed, databases, spreadsheets and intellectual properties developed during the life of this contract shall become the property of City. The Consultant shall not suspend performance of this contract during the negotiations of any change in scope of work except as they may be directed by City. The Consultant shall perform all changes in accordance with the terms and conditions of this contract. The Consultant shall obtain, at its expense, all applicable design Manuals and Standard Plans. The Consultant shall employ risk management techniques that identify potential risks and uncertainties related to construction of the Project. Risks that may be encountered include, but are not limited to, soil conditions, constructability, factors of safety, impacts to adjacent properties, public safety, and environmental considerations. If at any time during the performance of this Scope of Services, the Consultant observes, encounters, or identifies any circumstance that could pose potential risk, the Consultant shall notify City. The Consultant shall comply with OSHA regulations regarding safety equipment and procedures. The Consultant shall provide safety training for its employees. Contract amendments are required to modify the terms of the original contract for changes such as extra time, added work, or increased costs and must be done prior to expiration of the original contract. The City intends the contract for the Project to be Fee Not to Exceed. 4. APPLICABLE STANDARDS The Project shall be developed and designed in accordance with current City, State and Federal regulations, policies, procedures, manuals, and standards. 5. SCOPE OF SERVICES The professional engineering and design services include, but are not limited to: • Project management; • Alternatives analysis development; • Preliminary engineering; • CEQA environmental studies, permits and documentation; • Public involvement; • Surveys and mapping; • Utility coordination; • Landscape and hardscape design; • Engineering design; and • Bidding support and construction engineering. The City envisions the Consultant will be tasked for services in five stages: • Data Collection • Feasibility and Alternatives Analysis • Preliminary Engineering and Environmental Documentation • Final Engineering • Bidding Support and Construction Engineering Item 1K-65 Contract No. ____________ Exhibit “A” 6. SCHEDULE OF WORK Prospectively, the City anticipates the schedule of the work as follows: • Notice to Proceed (NTP): April 2023 • Data Collection: Months 1 – 3 from NTP • Feasibility and Alternatives Analysis: Months 1 – 2 from NTP • Preliminary Engineering and Environmental Documentation: Months 4 – 7 from NTP • Final Engineering: Months 8 - 10 from NTP A. WORK BREAKDOWN 1) DATA COLLECTION The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, and right-of-way impacts. The Consultant shall evaluate the available topographic mapping of the Project area and shall recommend additional surveying as necessary to supplement the available mapping. The recommendations shall be forwarded to City for review and concurrence prior to beginning any work. Surveys performed by the Consultant shall conform to the requirements of the Land Surveyors Act. In accordance with the Act, "responsible charge" for the work shall reside with a pre- January 1, 1982, Registered Civil Engineer or a Licensed Land Surveyor, in the State of California. The Consultant shall perform the necessary data collection, field work and research for preliminary engineering and final design. These services will include, but are not limited to: cross sections, parking and roadway profiles, existing surface utility locations, building outlines, utility poles, street lights, channelization and topographic features. The Consultant shall pothole existing utilities at key locations to produce the final plans. The Consultant shall review with City for City approval a plan for utility potholes prior to commencement. Potholes shall be repaired using City standards with permanent asphalt where applicable. The Consultant shall identify required design surveys and provide a work plan to City. With City concurrence, the Consultant shall perform design surveys per the work plan. The Consultant surveys may include, but are not limited to, the following: • Surveys for detailed design of sidewalks and other flatwork, retaining walls, drainage, and utilities. • Survey control for geotechnical investigation, if required. • Supplemental surveys for preparation of cross-sections, if required. Utility location surveys will be furnished by the Consultant for existing utilities. The Consultant shall prepare utility conflict maps. All potholing and related survey work will be performed by the Consultant. Pothole information will be provided by the Consultant. Deliverables shall conform to the following: • Survey points, lines, and monuments shall be established, marked, identified and referenced, as required to complete the work and in accordance with the requirements herein. • Survey notes, electronic files, drawings, calculations, and other survey documents/materials shall be completed as required to complete the work and in accordance with the requirements herein. Item 1K-66 Contract No. ____________ Exhibit “A” • A copy, except as otherwise specified herein, of all original survey documents resulting from this Statement of Work (including original field notes, adjustment calculations, final results, electronic files and appropriate intermediate documents) shall be delivered to City. Said documents shall then become the property of City. The original survey documents shall be retained by the Consultant for future reference. The Consultant shall perform all field exploration required to complete the Plans, Specifications and Estimates (PS&E). All reports and plans shall bear the California Certified Engineering Geologist or Registered Professional Registration Seal with the signature, license number and registration certificate expiration date of the geologist or engineer responsible for the preparation of the report. The geologist or engineer responsible for the preparation of the reports shall be competent in geotechnical engineering. In the event the existence of hazardous materials is discovered by the Consultant, the Consultant shall be required to immediately notify City. The Consultant shall prepare a Geotechnical Design Report (GDR) for the Project. The GDR shall provide, but is not limited to, the following: • Determination of impacts of geologic/geotechnical conditions on construction and recommended mitigation measures. • Identification and recommendations for geologic/geotechnical constraints. The Consultant shall prepare a map detailing the field exploration plan. City will review and approve the field exploration map prior to application for encroachment permits. All encroachment permits and rights of entry shall be obtained prior to scheduling of any field explorations. 2) FEASIBILITY AND ALTERNATIVES ANALYSIS The Consultant will conduct analysis to address the following considerations: • Construction feasibility • Potential environmental impacts (CEQA) • Construction priorities and phasing • Access control • Conceptual costs The Consultant will confirm with the City the individual elements of the analysis and geographic boundary for the study prior to proceeding. The Consultant shall prepare the following: • Line, Grade and Typical for the project • Identify and analyze alternative alignments and project limits • Technical memo presenting analysis and recommended preferred alternative The Consultant shall prepare a red flag summary identifying design challenges and risk assessment with recommended mitigations. 3) PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENTATION Following acceptance of preferred alternatives, the City will refine the work tasks and authorize the Consultant to proceed with Preliminary Engineering and Environmental Documents. The Consultant may be required to break out project into phases during this step. Item 1K-67 Contract No. ____________ Exhibit “A” Preliminary Engineering shall consist of the following activities: • Field Survey, Mapping and Right-of-Way Needs Assessment • Geotechnical Investigation • Environmental Studies and Documentation • Preliminary Utility Coordination • Preliminary Project Alignment Alternatives Analysis • Design Red Flag Summary • Project Limits Alternatives Analysis • Preliminary Project Cost Estimate • Landscaping Features and Palette Develop general project locations and design concepts and related activities needed to establish the parameters for final design of project elements such as Geometrics, Hydraulics, Geotechnical, Landscape Architecture, Electrical, etc. As part of the preliminary engineering, the Consultant shall review existing plans and studies and make recommendations for any changes needed. Upon approval of City, the preliminary engineering shall be the basis for the final design plans. The Consultant shall prepare a preliminary cost estimate for all alternatives analyzed, including costs for design, construction, right-of-way and utility relocation, as applicable. The Consultant shall prepare a recommended palette, including preliminary costs, for landscaping and hardscape features for the Project. The palette accepted by the City during the Preliminary Engineering will provide the framework for the detailed design development of the Project. 4) FINAL ENGINEERING Following completion of the Preliminary Engineering, the Consultant will be authorized to proceed with Final Engineering and permits. The Consultant will also be expected to support bidding and construction engineering. The Consultant shall incorporate a landscape architect into the design team with experience in public projects to produce landscape, landscape lighting, hardscape and irrigation plans for the Project. The landscape architect will produce the plans and specifications needed for the construction of the landscaping, irrigation and meters, decorative paving, pathways, and retaining wall façade as needed. The Consultant shall work with its electrical engineer and landscape architect to produce an electrical plan for the Project. It is anticipated that there will be a combination of low-level lighting along the corridor. City will review the plans after each submittal and transmit review comments to the Consultant. A comment review meeting will be scheduled between City and the Consultant at each major milestone, where responses to the plan comments will be presented. The Consultant shall prepare plans and specifications for the above listed tasks and shall submit plans electronically for City review and comment at the 35%, 65% and Final Plan stage of completeness. Plans are to be at 20 or 40 scale as appropriate on 24” x 36” sheets. The Consultant shall submit the final set of digital AutoCad plans and documents. Plan packages shall be as follows: • 35% Submittal o Title Sheet o Typical Cross-Sections o Key Map & Line Index o Layout Plans o Profile Plans Item 1K-68 Contract No. ____________ Exhibit “A” o Drainage Plans, Profiles & Details o Conceptual Stage Construction Strip Map o Construction Cost Estimate • 65% Submittal o All items listed in 35% submittal o Demolition Plans o Construction Details o Contour Grading Plans o Utility Plans, Details and Quantities o Water Improvement Plans, as needed o Stage Construction Plans & Quantities o Construction Area Signs Plans and Quantities o Summary of Quantities o Signing and Striping Plans, Quantities & Details o Retaining Wall Plans and Details o Electrical Lighting Plans, Details and Quantities o Landscaping, Planting and Irrigation Plans, Details and Quantities o Erosion Control Plans, Details and Quantities o Special Provisions o Draft Drainage Study o Draft WQMP, if applicable • 100% Submittal o All items listed in 65% submittal o Final Drainage Study o Final WQMP, if applicable o Construction Schedule o Final PS&E (all items listed in 95% submittal) 5) BIDDING AND CONSTRUCTION ENGINEERING The Consultant shall provide an electronic copy of the final approved plans and specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. City will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. The Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by City as necessary. Bidding procedures will be the responsibility of City. While the PS&E construction package is being advertised for bids, all questions concerning the intent shall be referred to City for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period or bid opening, said items shall be analyzed by the Consultant for decision by City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by the Consultant and issued by City, or by a covering change order after the award to the construction contract. The Consultant shall attend the pre-bid and pre-construction meetings upon notification by City. During construction and if authorized by City, the Consultant shall furnish all necessary drawings for corrections, requests for information (RFI) and change orders required by errors and omissions of the Consultant. The original tracing(s) of the drawings and contract wording for change orders shall be submitted to City for duplication and distribution. The Consultant may be assigned by City to review and approve submittals and shop plan drawings submitted by the construction contractor. B. PROJECT MANAGEMENT City will serve as the contract manager and direct liaison between the Consultant and other city agencies and utility companies. Item 1K-69 Contract No. ____________ Exhibit “A” The Consultant shall be responsible for project management activities throughout the life of the contract. The scope of activities includes, but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, field reviews, tracking action items for City, and preparing all exhibits and presentations for City to submit to City Council and public meetings (as applicable). Any modifications proposed to this solicitation are welcome provided they are innovative, advanced, and well thought out methodologies and shall be identified as optional and priced out separately in the sealed fee proposal. The Consultant will conduct a project kickoff design meeting with City to refine and clarify the project's objectives. The Consultant shall provide an anticipated project schedule at the meeting. C. PUBLIC INVOLVEMENT The Consultant will be required to conduct various public involvement activities throughout the duration of the Project, particularly as it pertains to alternatives and final project locations that impact park users and residents at the project location. The public involvement will include traditional methods of outreach and technology-based outreach. It is the City's intent to be transparent with the project development, giving ample notice and providing ample information to the community on project alternatives, environmental, property impacts, and more. The Consultant will coordinate and manage public involvement meetings with stakeholders, businesses, residents, and community leaders during the Project. The Consultant shall be responsible for arranging, coordinating, and providing technical information, exhibits, and documentation for public meetings. D. DELIVERABLES The Consultant shall perform professional and technical engineering, landscape design, and related design services to prepare design, preliminary engineering, PS&E. The City will use the PS&E to advertise, award and administer the construction contract. In addition to the final construction plans, the following are included as project deliverables: • Geotechnical investigations and recommendations • Technical studies, designs, reports and documents necessary for the project approval for the Project • Plans, Specifications and Estimates (PS&E) including, but not limited to design survey, precise grading plan, drainage, landscaping, electrical, erosion control, PM10, and project phasing • Utility maps • Preparation of all permits necessary for the Project E. UTILITY COORDINATION The Consultant will be responsible for identifying all existing private and public utility connections and appurtenances to be impacted, and the design of all the new private and public utility connections. The Consultant shall work will all utility providers and property owners to ensure all connections are identified on the plans. The Consultant shall be responsible for producing a plan that will be used by the contractor to install new, relocate and/or reconnect any and all impacted utilities. The plan shall be designed using the appropriate utility provider specifications and routed for approval by the appropriate utility companies. Item 1K-70 Contract No. ____________ Exhibit “A” Submittals to utility companies shall be made in accordance with their requirements. The Consultant shall coordinate with utility companies as needed any utility relocations, including relocation of utility poles, water services, manholes and valves. The Consultant shall update right of way requirements impacted by the relocation of utilities. The Consultant shall coordinate with utility owners to determine right of way requirements for relocation of utilities. The Consultant shall coordinate and schedule meetings and correspondence to the utility companies affected by the Project. The Consultant shall coordinate with City to assist in the proper protection or relocation of affected utilities. Utility owners will prepare utility relocation plans. The Consultant shall provide appropriate Project plans that may assist the affected utility owner in the development of relocation plans. The Consultant shall review relocation plans prepared by utility owners to verify compatibility with the Project, as well as other utility plans. The Consultant shall respond in writing to City either confirming conformance of the relocation plans to the Project or non-conformance to the Project and reasons therefore. The Consultant shall update the utility plans to show the disposition of each utility on the Project. Disposition shall include, but not be limited to, the utility company name, original location, proposed location, and responsible party for relocation. The Consultant shall submit utility conflict map and report to City. The utility conflict map and report will be used by City to establish which utility companies are affected by the Project and need to be relocated. The Consultant shall identify those portions of utilities that require potholing. All potholing and related survey work will be performed by the Consultant upon approval of City. Following the submittal of the utility conflict map and report, the Consultant shall inform City in writing of any changes in the Project design that alter the utility conflict locations indicated on the maps. The maps shall provide the following: • Geometric layout of the Project with the existing utility locations. • Highlight and label each utility that conflicts with the Project. • Existing utility callouts shall include the owner and the disposition of the lines. • Narrative descriptions shall accompany the utility conflict maps. These narratives shall list each utility that is in conflict with the Project. Information shall include, but not be limited to, the following: o Conflict label and drawing reference number for the utility conflict map on which the utility is highlighted and labeled o Description, owner, and disposition of the utility o Description of the potential or actual conflict that will occur due to the Project F. DRAINAGE The Consultant shall prepare a drainage analysis for the tributary watershed to the Project. The analysis will include hydrologic calculations for the tributary watershed to determine the 100 year and 10 year flow rates, along with design of the existing storm drainage system located in the area. The results of the analysis will be used to present a conceptual alternative for intercepting and conveying discharge from the Project. The alternatives will include a combination of a storm drain system and surface discharge. Item 1K-71 Contract No. ____________ Exhibit “A” The Consultant shall review available existing drainage studies and existing storm drain infrastructure along the Project length, and at project termination points. The Consultant shall study and produce a report for the drainage area and existing infrastructure to be modified by the new design. The new design will require additional area drains, catch basins and modifications to existing catch basins. The Consultant shall be responsible for all new area drain designs and modifications to the existing storm drain infrastructure. The Consultant shall be responsible for the design, including hydrologic modifications of all drainage reports necessary to provide adequate drainage of the Project, including pavement drainage, runoff generated within the Project Area, inflows from watersheds beyond the Project, and interim drainage during construction. Where conflicts in methodology occur, the Consultant shall notify City immediately for resolution. All reports shall be prepared by a qualified Civil Engineer who is registered in the State of California, and shall bear the State of California Registered Professional Engineer registration seal with their signature, license number, and registration certificate expiration date of the Engineer responsible for the preparation. The Consultant shall prepare an off-site and an on-site hydrology report for the Project by supplementing existing drainage reports as required. Layout plans identifying the location of existing and, if necessary, proposed drainage facilities shall be included within the report. The report shall be submitted to City for review. Comments generated from this review will be returned to the Consultant for incorporation into the final plan. The Consultant shall prepare a Water Quality Management Plan (WQMP) if necessary to comply with City and County requirements. The WQMP shall include analysis of the proposed site uses and impairments to the local watershed to determine the site-specific pollutants of concern applicable to the Project. The WQMP shall also include design calculations for the proposed stormwater quality best management practices (BMPs) for design. The Consultant shall update right of way requirements as needed to incorporate drainage and temporary construction easements for drainage facilities. Conflicts with other utilities, including other drainage facilities, shall be identified in plan and profile. Following City review of the off-site and on-site hydrology reports, the Consultant shall perform hydraulic analysis for all of the drainage facilities on the Project. The corresponding drainage report shall incorporate updated hydrology calculations. Where proposed improvements modify flows to existing drainage facilities within the project, the hydraulic analysis report submitted for these facilities will be modified to reflect the changed conditions. Drainage plans and profiles of proposed drainage facilities shall be included within the report. Modifications to existing facilities shall be identified on the plans. The drainage report shall be submitted to City for review. G. QUALITY ASSURANCE The Consultant has total responsibility for the accuracy and completeness of the plans, calculations, and related documents furnished under this Scope of Services, and shall meet that responsibility through the implementation of quality assurance practices standard to the profession. The Consultant’s quality assurance practices shall ensure the following: • All design is done in accordance with good engineering practice and all design meets the standards set forth herein. • A process is established whereby all plans and calculations are independently checked, corrected and back-checked, in accordance with accepted practice. Item 1K-72 Contract No. ____________ Exhibit “A” • Delivery of plans and computations must be accompanied by supporting documentation that may include copies of appropriate lists of deliverables, tables, plan sheet punch lists, etc. • Prior to the Final Design Submittal, the Consultant shall be required to perform an internal quality control and constructability review with engineers experienced in the appropriate discipline(s). The Consultant shall identify personnel responsible for this review, prior to the review, and shall provide review results to City. H. PROJECT PROGRESS The Consultant shall establish internal accounting methods and procedures acceptable to City for documenting and monitoring Contract costs. The Consultant shall report in a timely manner, through correspondence or progress reports, whenever it appears that approved schedules will not be met, and whether or not the reasons are within the Consultant’s control. In the event the Scope and Schedule of the Services are modified, and the modified Schedule is approved by City, the Consultant shall submit a revised schedule. Upon notice to proceed, the Consultant shall be able to complete the work described in this Scope of Work (excluding additional services) within ten (10) months. However, City would prefer to expedite the design and have the project completed in a shorter time frame. I. EQUIPMENT REQUIREMENTS The Consultant shall have and provide adequate office equipment and supplies, field tools, instruments, equipment, materials, supplies, and safety equipment to complete the work required by this Contract. J. MATERIALS TO BE PROVIDED BY THE AGENCY Unless otherwise specified in this Contract, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate. Item 1K-73 Contract No. ____________ Exhibit “A-I” EXHIBIT "A-I" FEDERALLY REQUIRED PROVISIONS FOR SERVICES Item 1K-74 Contract No. ____________ Exhibit “A-I” SECTION 3 COVERED ASSISTANCE Overview Where the Subrecipient receives CDBG funds for work arising in connection with acquisition of real property, relocation/demolition, rehabilitation of residential and non- residential structures, construction of public facilities, streets, neighborhood centers, and conversion of school buildings for eligible purposes, or other public services within certain limits, the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. Section 1701u (“Section 3”) shall apply as follows: A. The purpose of Section 3 is to ensure that training, employment, contracting, and other economic opportunities generated by U.S. HUD financial assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number of job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR Part 135. Item 1K-75 Contract No. ____________ Exhibit “A-I” F. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Section 3 Applicability Threshold Section 3 requirements now apply to projects with more than $200,000 in funding from housing and community development financial assistance programs. The following is a list of examples of such funds: • Community Development Block Grant (CDBG), CDBG-CV, and Section 108 • HOME Investment Partnership • Housing Trust Fund (HTF) • Neighborhood Stabilization Program Grants (NSP 1, 2 & 3) • Housing Opportunities for Persons with AIDS (HOPWA) • Emergency Solutions Grants (ESG) • Lead Hazard Control Grants ($100,000 threshold) LABOR STANDARDS Contractor agrees to comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland “Anti-Kickback” Act (18 U.S.C. § 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §§ 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701 et seq.). Contractor agrees to comply with the requirements of all other applicable Federal, State, and local laws and regulations. Item 1K-76 Contract No. ____________ Exhibit “B” EXHIBIT "B" SCHEDULE OF SERVICES SEE ATTACHED SCHEDULE OF SERVICES Item 1K-77 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 24 D.3 Schedule The following schedules outline all tasks required to complete the project starting from the Kickoff Meeting. Assuming a start date of April 2023 and timely plan reviews by the City, we estimate this project will be finished in December 2023, approximately nine (9) months. This schedule is a preliminary estimate, and a complete, detailed MS Project Schedule be finalized with input from the City after contract award. April May June July August September October November December 1.1 Kickoff Meeting 1 Day 1.2 Site Visit 1 Day 1.3 Data Collection 3 Weeks 2.1 Feasibility Analysis 5 weeks 2.2 Stakehold Engagement 1 Day Each 3.1 Field Survey, Mapping and Right-of-Way Needs Assessment 3.1.1 Topographic and Design Survey 4 Weeks 3.1.2 Utility Research 4 Weeks 3.1.3 Project Base Map/Right-of-Way Exhibit 3 Weeks 3.2 Geotechnical Investigation 4 Weeks 3.3 Environmental Studies and Documentation 3.3.1 NEPA Categorical Exclusion 3 Weeks 3.3.2 Agency Coordination 2 Weeks 3.3.3 Noticing 2 Days 3.3.4 Response to Comments 1 Week 3.4 Preliminary Utility Coordination 4 Weeks 3.5 Preliminary Project Alignment Alternatives Analysis 4 Weeks 3.6 Design Red Flag Summary 1 Week 3.7 Project Limits Alternatives Analysis 2 Weeks 3.8 Preliminary Project Cost Estimate 2 Weeks 3.9 Landscaping Features and Palette 6 Weeks 3.10.Preliminary Hydrology Report 4 Weeks 4.1 Preparation of 35% Design Plans 6 Weeks 4.2 Preparation of 65% Design Plans 4 Weeks 4.3 Preparation of 100% Design Plans 2 Weeks Bidding Support and Construction Engineering TBD Project Management and Coordination 9 Months Office Work Public Review City Review Ongoing Coordination Project Team Meeting Cahuilla Hills Park ADA Improvements Proposed Schedule Task Duration 2023 Stage 5 - Bidding Support and Construction Engineering Project Management and Coordination Stage 1 - Data Collection Stage 2 - Feasibility and Alternatives Analysis Stage 3 - Preliminary Engineering and Environmental Documentation Stage 4 - Final Engineering Item 1K-78 Contract No. ____________ Exhibit “B” EXHIBIT "C" COMPENSATION SEE ATTACHED FEE SCHEDULE AND RATE SHEET Item 1K-79 44-600 Village Court, Suite 100 Palm Desert, CA 92260 760.346.4750 Tel 760.340.0089 Fax www.thealtumgroup.com February 15, 2023 Bertha Cepeda-Escobedo Senior Management Analyst City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Fee Proposal to Provide Professional Engineering and Design Services for the ADA Improvements at Cahuilla Hills Park; Project No. 949-23 Dear Ms. Cepeda-Escobedo; The Altum Group is pleased to submit our fee proposal to the City of Palm Desert (City) for professional engineering and design services for the Cahuilla Hills Park ADA Improvements Project. The not-to-exceed cost to complete the design services, including the Plans, Specifications, and Estimates is $136,933. The following spreadsheet breaks down the estimated hours by task and staff and includes costs from our subcontractors and our estimated direct costs for mileage, production of the plan sets, and administrative printing/mailing. Hourly rate sheets for Altum and our subcontractors are included as an appendix. Assumptions and Exclusions The following list of assumptions and exclusions is not intended to be all-inclusive. If there are items that are deemed incorrect or are necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. Submittal fees, application/permit fees and reimbursables are not included; Prevailing Wage rates apply to field crews on this project; Construction staking is excluded; Right-of-Way Dedication and Acquisition are not included; Installation and preservation of survey monuments is excluded; Structural design (beyond retaining walls), traffic studies/design, and all offsite improvement design are excluded; All plans, reports, exhibits and services not specifically identified herein are excluded. We are excited to support the City of Palm Desert on this project. If you have any questions about our fees, please do not hesitate to contact us at 760-346-4750. Sincerely, James Bazua, PE, QSD/QSP Doug Franklin, PE Chief Engineer Vice President Item 1K-80 Cahuilla Hills Park ADA Improvements City of Palm Desert Principal Director Senior Project Manager Project Manager Assistant Project Manager Senior Associate Associate Assistant Survey Crew Admin $205 $180 $175 $167 $156 $145 $129 $100 $295 $65 Task 1.1 – Kick-off Meeting 2 2 4 650$ 725$ 1,375$ Task 1.2 – Site Visit 2 4 6 940$ 679$ 1,619$ Task 1.3 – Data Collection 2 4 4 10 1,340$ 1,340$ Task 2.1 - Feasibility Analysis 16 32 48 7,520$ 7,520$ Task 2.2 – Stakeholder Engagement 3 6 2 11 1,720$ 1,720$ Task 3.1 – Field Survey, Mapping and Right-of-Way Needs Assessment 0 -$ -$ Subtask 3.1.1 - Topographic and Design Survey 1 7 12 20 4,889$ 2,645$ 7,534$ Subtask 3.1.2 - Utility Research 4 24 28 3,997$ 3,997$ Subtask 3.1.3 - Project Base Map 1 1 12 8 6 28 5,161$ 5,161$ Task 3.2 – Geotechnical Investigation 0 -$ 2,875$ 2,875$ Task 3.3 – Environmental Studies and Documentation 0 -$ -$ Subtask 3.3.1 - NEPA Categorical Exclusion 2 16 36 54 6,760$ 6,760$ Subtask 3.3.2 - Agency Coordination 4 8 12 1,500$ 1,500$ Subtask 3.3.3 - Noticing 6 8 14 1,850$ 1,850$ Subtask 3.3.4 - Response to Comments 8 12 20 2,600$ 2,600$ Task 3.4 – Preliminary Utility Coordination 16 16 2,496$ 2,496$ Task 3.5 – Preliminary Project Alignment Alternatives Analysis 4 8 12 1,860$ 1,860$ Task 3.6 – Design Red Flag Summary 2 2 350$ 350$ Task 3.7 – Project Limits Alternatives Analysis 2 4 6 930$ 930$ Task 3.8 – Preliminary Project Cost Estimate 2 8 12 4 26 3,244$ 3,244$ Task 3.9 – Landscaping Features and Palette 0 -$ 750$ 22,595$ 23,345$ Task 3.10 – Preliminary Hydrology Report 28 28 5,040$ 5,040$ Task 4.1 - Preparation of 35% Design Plans 50 50 9,000$ 50$ 1,409$ 10,459$ Task 4.2 - Preparation of 65% Design Plans 50 50 9,000$ 50$ 1,156$ 10,206$ Task 4.3 - Preparation of 100% Design Plans 40 40 7,200$ 50$ 1,156$ 8,406$ Task 4.4 - Final Plans Submittal 28 28 5,040$ 250$ 1,156$ 6,446$ Bidding Support and Construction Engineering 2 16 4 22 3,870$ 1,254$ 5,124$ Project Management and Coordination 4 40 10 54 8,670$ 4,508$ 13,178$ PROJECT TOTALS 6 283 49 31 16 70 32 68 18 16 589 95,627$ 1,150$ 40,156$ 136,933$ Subtask 3.3.5 - Technical Studies 0 -$ -$ Optional Subtask 1 – Noise Study Report 0 -$ 4,025$ 4,025$ Optional Subtask 2 – AAQ, GHG, and Energy 0 -$ 4,370$ 4,370$ Optional Tasks Total Costs Stage 1 - Data Collection Total Hours Total Labor Direct Costs Sub Costs Stage 2 - Feasibility and Alternatives Analysis Stage 3 - Preliminary Engineering and Environmental Documentation Stage 4 - Final Engineering Stage 5 - Bidding Support and Construction Engineering Project Management and Coordination Item 1K-81 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-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park RESPONSE DEADLINE: February 15, 2023 at 11:00 am Report Generated: Tuesday, February 21, 2023 The Altum Group Proposal CONTACT INFORMATION Company: The Altum Group Email: projects@thealtumgroup.com Contact: James Bazua Address: 44-600 Village Court Suite 100 Palm Desert, CA 92260 Phone: (760) 346-4750 Website: www.thealtumgroup.com Submission Date: Feb 14, 2023 2:42 PM Item 1K-82 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park PROPOSAL DOCUMENT REPORT Request For Proposal - Engineering and Design Services for ADA Improvements at Cahuilla Hills Park 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 1K-83 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park PROPOSAL DOCUMENT REPORT Request For Proposal - Engineering and Design Services for ADA Improvements at Cahuilla Hills Park 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. Altum_-_Cahuilla_Hills_Park_ADA_Eng_Proposal.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). Altum_-_Cahuilla_Hills_Park_ADA_Eng_Fee_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, 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 Item 1K-84 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park PROPOSAL DOCUMENT REPORT Request For Proposal - Engineering and Design Services for ADA Improvements at Cahuilla Hills Park Page 4 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* S 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"). N/A 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 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 Item 1K-85 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park PROPOSAL DOCUMENT REPORT Request For Proposal - Engineering and Design Services for ADA Improvements at Cahuilla Hills Park Page 5 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. Altum_-_Team_Resumes.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 A. Michael Peroni B. President C. 44-600 Village Court, Suite 100, Palm Desert, CA 92260 D. mike.peroni@thealtumgroup.com E. (760) 346-4750 Item 1K-86 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-161 Engineering and Design Services for ADA Improvements at Cahuilla Hills Park PROPOSAL DOCUMENT REPORT Request For Proposal - Engineering and Design Services for ADA Improvements at Cahuilla Hills Park Page 6 A. Doug Franklin, PE B. Vice President C. 44-600 Village Court, Suite 100, Palm Desert, CA 92260 D. doug.franklin@thealtumgroup.com E. (760) 346-4750 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 1K-87 Prepared for: City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 PLANNING | ENGINEERING | SURVEY | ENVIRONMENTAL | URBAN DESIGN Prepared by: The Altum Group 44-600 Village Court Suite 100 Palm Desert, CA 92260 Proposal to Provide Cahuilla Hills Park ADA Improvements Professional Engineering and Design Services Project No. 94923 | 2002-RFP-161 February 15, 2023 Item 1K-88 44-600 Village Court, Suite 100 Palm Desert, CA 92260 760.346.4750 Tel 760.340.0089 Fax A. Cover Letter February 15, 2023 Bertha Cepeda-Escobedo Senior Management Analyst City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Proposal to Provide Professional Engineering and Design Services for the ADA Improvements at Cahuilla Hills Park; Project No. 949-23 Dear Ms. Cepeda-Escobedo; The Altum Group is pleased to submit our response to the request for proposals issued by the City of Palm Desert (City) for professional engineering and design services for the Cahuilla Hills Park ADA Improvements Project. We understand that the City is seeking assistance in conducting surveying services, environmental clearance, community outreach, and preparing landscape and engineering plans necessary to address Americans with Disabilities Act (ADA) deficiencies at Cahuilla Hills Park. The Altum Group has prepared design plans for parks and recreational developments across the Coachella Valley including for the Cities of Rancho Mirage, Indio, Thermal, and for the Desert Recreation District. Our key subcontractor, Hermann Design Group, has completed more than 20 park projects including some directly in the City of Palm Desert. In addition, Altum’s civil engineers regularly prepare plans to incorporate ADA-compliant features and have a strong grasp of the layouts and design elements required under the law. Thr ough our professional experience, our team is well-versed in these types of improvement projects and brings a wealth of knowledge and design expertise. We are familiar with the City’s expectations for the civil engineering design services and believe that the tasks presented in this proposal will successfully move this project into construction. We are excited to support the City of Palm Desert on this project. If you have any questions about our technical scope or our qualifications, please do not hesitate to contact us at 760-346-4750. Sincerely, James Bazua, PE, QSD/QSP Doug Franklin, PE Chief Engineer Vice President Item 1K-89 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | i Table of Contents A. Cover Letter ............................................................................................................................................. i B. Experience and Technical Competence.................................................................................................. 1 B.1 Firm Background ..................................................................................................................... 1 B.2 References .............................................................................................................................. 3 C. Firm Staffing and Key Personnel ............................................................................................................. 9 C.1 Staffing .................................................................................................................................... 9 C.2 Key Personnel ......................................................................................................................... 9 C.3 Team Organization ............................................................................................................... 12 C.4 Subcontractors...................................................................................................................... 13 D. Proposed Method to Accomplish the Work ......................................................................................... 15 D.1 Project Understanding .......................................................................................................... 15 D.2 Technical Scope of Work ...................................................................................................... 16 Stage 1 - Data Collection ................................................................................................... 16 Stage 2 - Feasibility and Alternatives Analysis .................................................................. 16 Stage 3 - Preliminary Engineering and Environmental Documentation .......................... 17 Stage 4 - Final Engineering ............................................................................................... 21 Stage 5 - Bidding Support and Construction Engineering ................................................ 23 Project Management and Coordination ........................................................................... 23 D.3 Schedule ................................................................................................................................ 24 Appendix Resumes Item 1K-90 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 1 B. Experience and Technical Competence B.1 Firm Background The Altum Group The Altum Group is a multi-disciplinary Palm Desert-based consulting firm offering environmental, planning, surveying, engineering, and urban design services. Formed in 2009, Altum consists of a core group of professionals with experience in providing services to public and private clients, that are now supported by over 30 staff composed of engineers, surveyors, and environmental/urban planners. Collectively, Altum’s staff has over 300-years of experience in providing services to private clients and municipalities such as cities, counties, special districts, sch ool districts, transportation districts, and other governmental agencies. Engineering Services Altum's Civil Engineers have provided services ranging from due diligence and feasibility studies, preliminary and final street design, wet utilities design, plan reviews and approvals, as well as full development of improvement plans for Agency- sponsored projects. Projects have involved parks, residential developments, recreational facilities, roadways, highways, pipelines, and utilities. Our experience includes coordination, preparation of plans, technical studies/reports, specifications, estimates for feasibility and final design; site design; grading; streets; water, sewer and irrigation; dry utilities; hydrology, hydraulics and storm drain; and erosion control and water quality. Our expertise ranges from preliminary planning and budgeting to preparation of plans, specifications, and estimates (PSE’s) for projects of all sizes. Staff also have experience of providing project management and construction support for a multitude of projects. Our technical knowledge and professional experience run the gamut of civil engineering services and we are confident in the work products we would prepare for the City on this project. Surveying Services Altum’s survey department performs a full array of Survey and Mapping efforts, from legal description interpretation, boundary retracement and establishment to development and design services, including photogrammetry control topography, construction staking, layouts, as-builts, and monitoring. Our Survey Manager and licensed surveyors (PLS) oversee the field and office personnel in the process of field information and data collection, data processing, datum analysis, and adjustments. This includes coordinating the surveying and mapping with the Altum Engineering staff to promote efficiency in our work efforts. Specific tasks include preparation of Tract and Parcel Maps, Records of Survey, ALTA/ACSM Land Title Surveys, Lot Line Adjustments, Parcel Mergers, Legal Descriptions, Plats, Topographic Surveys, and a variety of custom exhibits and constraint maps to meet the design, development, and legal needs of our Clients. Environmental Services Altum provides a qualified, experienced, and efficient environmental team who prepares high quality, legally- defensible California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents and technical studies with simple and concise language. Our environmental studies are prepared to Item 1K-91 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 2 fully comply with these government guidelines and regulations. These studies address potentially significant environmental impacts of a proposed project and outline creative mitigation measures to reduce those impacts. Altum has completed environmental documents for both private and public clients, including Initial Study and Mitigated Negative Declarations (IS/MND), Environmental Impact Reports (EIR), EIR Addendums, and Categorical Exemptions (CatEx) and Categorical Exclusions (CE) for parks and recreation, residential, commercial, and mixed-use developments; large master plans and specific plans; general plan amendments; rezoning projects; and infrastructure projects. Hermann Design Group Hermann Design Group (HDG) was founded in the Coachella Valley as Hermann & Associates in 1995 and has grown to offices in Palm Desert, Riverside, and San Diego. They are a landscape architecture, planning, and project management firm utilizing the latest technology in design. HDG believes in being responsive to a clients’ needs, and they are committed to reliability, meeting deadlines, and maintaining the utmost integrity in all working relationships. Their design criteria balances sustainability, creativity, and project budgets. Creation of outdoor environments that are unique and memorable defines brilliant design. By strategically considering hardscape placement in relation to buildings, roadways, and other structures, HDG carefully crafts a landscape architecture design based on environmental conditions, while still enhancing the ambiance of the space. From traditional and modern design to drought-tolerant landscaping, HDG focuses on appropriate plant options and responsible irrigation systems. Working within client budgets and timeframes, the outcome of the design process will be a balanced solution. Sladden Engineering Sladden Engineering is a geotechnical engineering and geological consulting firm initially founded in 1959. They have a long history as a highly respected geotechnical consulting firm that has been involved with thousands of successful projects throughout Southern California. Sladden provides comprehensive geotechnical engineering services for a wide spectrum of civil engineering projects. They have provided geotechnical engineering, geologic, and material testing services on residential, commercial and industrial projects, municipal facilities, and infrastructure. From preliminary geotechnical and geological studies through construction inspection, Sladden Engineering provides a team of experienced professional and technical personnel. Their in-house geotechnical and construction materials testing laboratory offers comprehensive testing services that enable our firm to provide timely and accurate test results. AeroTech Mapping AeroTech Mapping has been supplying high-quality geospatial solutions, services, and support for the Architecture/Engineering/Construction (A/E/C) industry since 2002. They specialize in large scale, design level photogrammetry for a variety of sectors within the A/E/C industry including aviation, transportation, energy, commercial development, mining, public works, and water/wastewater, just to name a few. Over 90% of AeroTech’s projects are classified as design-level photogrammetric mapping. They own and operate their aircraft, giving them the flexibility to meet their clients’ schedules. Item 1K-92 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 3 MD Acoustics MD Acoustics, LLC provides acoustical consulting services for all facets of noise/vibration engineering audio control and air quality/greenhouse gas evaluations. Located in Simi Valley, CA their clients range from the aerospace industry to municipalities to private land developers. In addition to noise/vibration consulting services, MD Acoustics incorporates engineering expertise and professionalism with innovative problem solving. MD Acoustics has the ability to assess a wide span of air/noise/vibration issues. MD Acoustics personnel and partners are recognized leaders in the field of acoustics and air quality/greenhouse gas impact assessments. B.2 References The following descriptions outline our team’s experience with projects similar to the Cahuilla Hills Park ADA Improvements Project. Shumway Ranch, Palm Desert, CA Reference: Troy Strange, Director of Planning & Public Works – Desert Recreation District – (760) 347-3484 The Altum Group is working for the Desert Recreation District (DRD) to provide surveying and engineering services for infrastructure improvements on the Shumway Ranch Homestead; an 8.44-acre parcel inside a 640‐acre open‐space preserve managed by the Coachella Valley Mountains Conservancy. The proposed project improvements include a small bathroom/comfort station, shaded kiosk, small parking area that is ADA-compliant, ADA-compliant sidewalks/ramps from the parking area to the bathroom and kiosk, and relatively minor dirt road grading improvements in the immediate vicinity. Altum conducted a topo survey and prepared the project base map followed by development of engineering plans for grading, hydrology, utilities, and dust (PM-10). Rancho Mirage Community Park, Rancho Mirage, CA Reference: Ryan Stendell, Director of Public Works, (760) 770-3224 The Altum Group and Hermann Design Group (HDG) provided preliminary design (civil and landscape), environmental clearance, final design and construction services (field engineering and survey support) for the redesign and construction of the City of Rancho Mirage’s premier park, The Rancho Mirage Community Park. Formerly named Whitewater Park, this facility is located on the south side of the Whitewater Channel, the Coachella Valley’s main runoff source. The project expanded the park with the addition of 3 acres and included a complete remodel of the existing 7-acres to be ADA compliant. The project included a new ADA-compliant 25,000-foot amphitheater for special events (including terrace seating for up to 1,000 guests), a new playground area, pickleball courts, and exercise stations with remodeled hardscaping and landscaping. Altum and HDG completed grading, landscape, water, sewer and street improvement plans as well as Item 1K-93 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 4 engineered drawings for the site design. A Mitigated Negative Declaration (MND) was prepared to analyze potential impacts of the expansion of the park. Issues reviewed in the MND included, traffic and parking, noise, and cultural resources due to the proximity of the park to land owned by the Agua Caliente Band of Cahuilla Indians. Site constraints included ensuring continuous access to the adjacent Whitewater Channel by Coachella Valley Water District (CVWD) and unknown locations of on-site utilities. Additional challenges included specific parking requirements for proposed park events, noise and lighting concerns related to the proposed amphitheater, and protection and incorporation of the historical Casa Chiquita structure into the revised park. The Park was carefully designed to address these unique constraints, including large vehicle access by the CVWD to the adjacent Whitewater Channel; temporary parking areas for park events, preparation of an event parking plan, and noise and lighting studies to carefully locate the proposed amphitheater. Prior to construction, the City and design team worked closely together to determine preliminary costs and recommend site plan modifications to stay within the City’s budget. During construction, the City, contractor, and design team worked tirelessly to address unknown utilities which could have potentially impacted the schedule and budget. DSRT Surf, Palm Desert, CA Reference: Doug Sheres, Desert Wave Ventures – (858) 229-0002 The Altum Group provided survey and civil engineering services for development of the DSRT Surf Project located within the existing Desert Willow Golf Course and Resort. This unique project involves construction of an artificial wave/surf pool and various recreational facilities including swimming pools, a hotel, casitas, surf shop, tennis courts, and other amenities. The project utilizes proprietary wave technology to create surf-ready waves in a specialized pool. It will be the first of its kind in the Coachella Valley and greater Southern California. Altum’s initial involvement with the project included creating a site boundary, aerial topographic map, and conducting utility research to prepare the project base map. Altum engineers then prepared the civil improvement plans for the 18-acre site concept plan. Plan and report preparation and approvals include the project’s tentative tract map and final map, rough grading, streets, storm drain, on- site utility, on-site hydrology, and the WQMP. Item 1K-94 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 5 The project received unanimous approval from the City of Palm Desert City Council and Altum is currently assisting with the required final engineering plans and reports. Thermal Community Park, Riverside County, CA Reference: Troy Strange, Director of Planning & Public Works – Desert Recreation District – (760) 347-3484 The Altum Group and Hermann Design Group are currently working as a team to prepare the engineering and landscape plans for the Thermal Community Park located in unincorporated Riverside County. The proje ct is funded through the Desert Recreation District (DRD) and is located on approximately 10 acres near the corner of Olive Street and Church Street in Thermal. The proposed project will consist of construction of a new community park with ADA compliant ball fields, basketball courts, tennis courts, a playground, picnic area, a splash pad, and a parking area. Altum surveyors prepared a topographic base map for the project and engineers are beginning the process of developing the draft plan set including hydrology, grading and drainage, on-site sewer and water, off-site street, and striping and signage. Under a separate contract directly with DRD, Altum’s environmental team is preparing an IS/MND to comply with CEQA. Wardman and Tedesco Parks, Desert Hot Springs, CA Reference: Chris Hermann – HDG – (760) 777-9131 The Altum Group worked as a subcontractor to Hermann Design Group to provide surveying and engineering services for sidewalk improvement projects at two (2) separate parks in the City of Desert Hot Springs. Wardman and Tedesco Parks required ADA improvements to allow access to bathrooms currently onsite. Altum staff provided a field topographic survey for the project and prepared the sidewalk improvement plans for both parks. The topographic map included a point plot of existing conditions around the existing restrooms and engineering plans included grading to allow for ADA accessibility. X-Park Skatepark Extreme Sports Complex, La Quinta, CA Reference: Brian McKinney, Public Works Director, City of La Quinta – (760) 777-7045 Altum provided civil engineering as part of Final Design Services for the proposed X-Park Skatepark located in the City of La Quinta. The skatepark includes a 20-30 space parking lot, ADA path of travel for the skatepark, a Pro- Shop and Restroom facility, spectator seating, a storm water retention basin, and a skatepark. The project required the Altum team to peer review of series of existing plans and prepare several new plans including precise grading, onsite water and sewer plans, PM-10, SWPPP, and Final WQMP. The Final On-site Hydrology/Hydraulic Report for the project utilized City of La Quinta and Riverside County Flood Control District design criteria to determine the on-site retention basin requirements for the 100-year storm flow, pipe and catch basin sizing and storm drain facilities, and the retention facility. The Precise Grading and Parking Lot Improvement Plan was prepared in conformance with City of La Quinta standards for size of parking stalls and access drive width and includes ADA facilities and ADA path of travel. This exciting project is now open and as recognized by famous skateboarder Tony Hawk as one of the top skateboard parks in the region. Item 1K-95 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 6 White Stone Lane Drainage Improvements, Palm Desert, CA Reference: Randy Bowman, Deputy Director of Public Works, City of Palm Desert – (760) 346-0611 Altum recently completed the engineering and survey work required for the City of Palm Desert’s White Stone Lane Drainage Improvements project. White Stone Lane is an existing roadway in the Shadow Mountain Golf Estates development near the intersection of Portola Avenue and Grapevine Street. The roadway is approximately 1,220 feet long and is located within a dedicated 40-foot right-of-way. The beginning part of the roadway includes a downward incline paralleling one of the holes/flags on the golf course before leveling out near the nine-home residential area. Runoff in the area flows down White Stone and pools in the roadway in front of the houses, causing flooding during storm events. The City contracted with Altum to analyze and make recommendations for improvements along the full length of the roadway to resolve these known drainage issues. Completed in Summer of 2022, Altum’s work involved preparation of the plans, specifications, and estimates to address drainage issues in the area. Specific assistance included preparing street and storm drain improvement plans, and hydrologic studies and reports. Palm Desert Visitors Center, Palm Desert, CA Reference: PVG Architects – John Vuksic – (760) 779-5393 The Altum Group is providing surveying and engineering services for the proposed Palm Desert Visitor’s Center located within the Palm Desert Civic Center Park complex. The preliminary design work will be used as a base for the development of a Palm Desert Visitor’s Center, located within the City of Palm Desert Civic Center Park. Altum performed a survey of the existing site for the development of boundary and topographic base files. Altum also created an existing utility CAD file based on record data research for the project site. Altum is currently preparing preliminary grading, drainage and utility design in support of the entitlement process for the Visitor’s Center. CV Link EIR Addendum, Palm Desert, CA Reference: Eric Ceja, Principal Planning – (760) 776-6384 The Altum Group prepared an EIR Addendum for the City of Palm Desert to analyze the CV Link Project within the City Limits. Led by the Coachella Valley Association of Governments (CVAG), CV Link is an award-winning plan to combine pedestrians, bicyclists, and low-speed electric vehicles (including golf carts) on a dual pathway. CV Link will connect Coachella Valley cities and the lands of three federally recognized tribes with a separated path that largely parallels Highway 111, the busiest corridor in the valley. Specifically, the City of Palm Desert required review of enhanced CV Link designs within City limits, the potential extension of the CV Link designs through a segment of Painters Path (Highway 11 1 to the North, and just West of the Palm Valley Storm Channel to the South) to the Bump and Grind Trailhead, and construction of an in-channel crossing within the Whitewater River Channel as an extension of the CV Link. The proposed improvements would connect the CV Link to the Bump and Grind hiking trail and the large Desert Crossing commercial area. Item 1K-96 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 7 Cove Oasis Trailhead Improvements, La Quinta, CA Reference: Brian McKinney – Director of Public Works – (760) 777-7045 HDG provided a new trailhead design for the entry into Cove Oasis Trail and Bear Creek Trail. A CVWD access gate was relocated to allow for space for maintenance vehicles and provide a district entry and arrival for hikers arriving at The Cove. Native desert landscaping, decomposed granite, and relocated on-site boulders are artfully weaved into the landscape design. Park Master Planning and Improvement Projects On-Call Contract, Indio, CA Reference: Tim Wassil, PE – Indio Director of Public Works – (760) 625-1801 HDG is under contract with the City of Indio to provide consulting services related to parks and recreational facilities. Projects range from master concept planning to preparing plans and providing field observation during construction. Projects to date include: Miles Avenue Park Master Plan - Site Analysis, Community Outreach, Workshops, Master Planning, Cost Estimating Miles Avenue Park - Phase 1 - Design Development, Cost Estimating, Construction and Bidding Documents, Field Observation HRPP Grant Park Renovations (park list below) - Site Analysis, Surveying, Design, Cost Estimating, Construction and Bidding Documents, Field Observation o Burr Park Parking Lot and Landscape Improvements o Dr. Carreon Park Exercise Course, Play Area and Landscape Improvements o Hjorth Park Play Area Improvements o Station 87 Dog Park New Park Improvements Dominguez Park New Play Area, Basketball Court and Landscape Improvements - Site Analysis, Surveying, Design, Construction, Cost Estimating, and Bidding Documents, Field Observation PK 1707 Park Renovations - Site Analysis and Surveying, Design, Cost Estimating, Construction and Bidding Documents CV Link Conceptual Design, Coachella Valley, CA Reference: Tom Kirk – CVAG Executive Director – (760) 346-1127 The goal behind CV Link is to build a NEV (Neighborhood Electric Vehicle), bicycle, and hiking path along the existing Whitewater River as cities allow it. The roughly 50-mile path will connect Desert Hot Springs to Palm Springs, continuing through the Coachella Valley to the Salton Sea. For this project, HDG developed conceptual designs and imagery to portray projected uses of the parkway throughout the Coachella Valley for CVAG. HDG’s design concepts were developed using a mixture of on-site photography and 3D model generation to give a realistic simulation. HDG is engaged with the team responsible for the master planning and development of this unique valley-wide parkway, and is currently working on the construction document phase of this exciting project. Item 1K-97 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 8 University Park, Palm Desert, CA Reference: Ravi Nandwana – University Park Investors Principal – (925) 892-1218 University Park is the first mixed-use master planned community in the City of Palm Desert. HDG provided landscape, site, trail, and recreational amenity design within the overall master development plan. Design guidelines have been created to address the specific elements that are unique to a multi- generational community. An art walk, community center, and six public parks are weaved into the design to provide the community with an exceptional experience of desert living. Phase One construction is underway, and Phase Two construction documents are in process. 2107 Old Woman Springs Road Development Noise and AQ/GHG Impact Studies, Flamingo Heights, CA Reference: Steve Batthof, Robott Land Company – (310) 439-9039 MD Acoustics (MDA) prepared a Noise, Air Quality (AQ) and Greenhouse Gas (GHG) impact study for the 2107 Old Woman Springs Road Development. The project site is 640 acres of vacant land bounded on the west by Old Woman Springs Road, in the Yucca Valley area of San Bernardino County. The 225-acre project was proposed as a destination “glamping” resort consisting of up to 75 camp sites of three distinct types – Glamping Lofts, Glamping Clusters, and Teepees. The project also involved construction of an office/reception building, restaurant, recording studio, art barn, yoga deck, pool, firepits, and restrooms. Infrastructure for the site included ADA accessible parking lot, helipad, internal paths/walkways between buildings, and gardens. Item 1K-98 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 9 C. Firm Staffing and Key Personnel C.1 Staffing Altum has the capacity to provide key staff to develop and successfully manage this contract with the City of Palm Desert. Our team will be led by local, Coachella Vall ey-based professionals with years of experience preparing engineering plans for ADA improvement projects. The table below outlines our internal team and subcontractors assigned to this contract. Staff Discipline Title Doug Franklin, PE Engineering, Contract Management Vice President James Bazua, PE, QSD/P Engineering Chief Engineer/Project Manager Randy LaMere Engineering Design Engineer Tung Hsieh, PLS, PE Surveying Survey Manager Bruce Cowan Surveying Assistant Survey Manager Anna Choudhuri Environmental Planning Environmental Planning Manager Heather Boland Environmental Planning Assistant Planner Rich Malacoff, AICP Public Outreach Principal Planner Chris Hermann, CLA Landscape Design Principal Landscape Architect Jose Estrada Landscape Design Lead Irrigation Designer Opus Garza Landscape Design Senior Designer & CAD Operations Brett Anderson, PE Geotechnical Principal Engineer Eric Phan, CP, PLS Aerial Photogrammetry/Pilot Photogrammetrist Mike Dickerson Jr., INCE AQ/GHG/Noise Studies Principal AQ and Noise Specialist C.2 Key Personnel Altum staff members to be assigned to this project have developed project -specific skills including land surveying, civil engineering design, environmental documentation, project management, contract administration, and construction observation in existing Coachella Valley communities. Engineering Staff Doug Franklin, P.E. – Vice President Education: BS, Civil Engineering, California State Polytechnic University, Pomona, CA Licenses: Professional Engineer – California #61887 Mr. Franklin is a founding partner with The Altum Group and currently serves as the firm’s Vice President. Mr. Franklin has been responsible for engineering design, plan preparation, management and oversight of projects throughout the Coachella Valley throughout his career. This experience includes transportation, industrial/commercial, golf and residential development, retail, entertainment, wastewater, and energy projects. This portfolio of experience includes him serving as the Project Manager for several transportation infrastructure upgrade projects for the Agua Caliente Band of Cahuilla Indians, working as the Project Engineer for several street improvements in Palm Desert (Magnesia Falls Street Improvements and the Portola Avenue Widening Project) and recently serving as the Project Director for the White Stone Lane Drainage Project completed for the City. He will serve as the Project Director for this assignment and will QA/QC all plans and documents that are submitted under this contract. Item 1K-99 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 10 James Bazua, P.E., QSD/QSP - Chief Engineer Education: BS, Civil Engineering, San Diego State University Licenses: Professional Engineer – California #58394; Qualified SWPPP Developer/ Practitioner Mr. Bazua has over 25 years of experience in Civil Engineering design and his "hands on" involvement with projects begins with planning-level design through preparation of construction documents for approval. He is one of the founding members of The Altum Group and has been integrally involved with all infrastructure projects done by the firm. His specific areas of expertise encompass design of water and sanitary sewer systems, storm drain systems, and preparation of hydrologic and hydraulic studies using StormCAD and WSPG software. Mr. Bazua is certified as a Qualified SWPPP Practitioner (QSP) and Developer (QSD) and inspects projects for compliance with SWPPP requirements. Currently a Board Member with the Coachella Valley chapter of the Association of Public Works, Mr. Bazua has in depth knowledge of infrastructure development and improvement projects in the local area. He has successfully prepared plans for the City of Palm Desert including the recent White Stone Lane Drainage Project and the long standing Alessandro Alley Street Improvements Project. He also worked on the Indian Wells RV Resort ADA Upgrades Project, Rancho Mirage Park and Amphitheater Project, and the Palm Springs Amado Street Crosswalk ADA Improvements Project. For this contract with the City, Mr. Bazua will serve as the Project Manager and provide design support for the ADA improvement plans and oversee communication with subcontractors and City staff. Randy LaMere - Project Designer Education: General Studies; Bellevue College; Bellevue, WA Licenses: South Coast Air Quality Management District PM-10 Certified Mr. LaMere is a Civil Designer with 39 years of Civil Engineering/drafting/design/CAD and project management experience working with multiple software platforms and various projects, ranging from airports, hospitals, schools, telecommunications systems, single family residential to multi-family residential, commercial and manufacturing developments in Washington State and California. He utilizes various technologies to prepare the civil engineering design drawings and drafting for Altum projects. He is currently assisting with design for several pipeline projects in the Coachella Valley and preparing AutoCAD drawings for a number of development projects. His experience includes work as a Project Designer for the Indio Highway 111 Street Improvement Plans and the Coachella Pierce Street Sewer Lift Station, preparing PM-10 plans for DSRT Surf, Shumway Ranch, and La Quinta X-Park, as well as leading the design for a dog park in the City of Rancho Mirage. Survey Staff Tung Hsieh, P.E., P.L.S. - Design Engineer/Surveyor Education: MS, Civil Engineering, Fresno State University; BS, Engineering, Fresno State University Licenses: Professional Land Surveyor - California #8722; Professional Engineer - California #70278 Mr. Hsieh has over 15 years of experience in Land Surveying and Civil Engineering design in Southern California. He utilizes AutoCAD drafting for his land surveying and design project work which includes preparation of ADA improvement plans, on-site sewer plans, drainage plans, and grading plans. Mr. Hsieh is Altum’s lead Survey Plan Checker with experience providing plan checks for multiple jurisdictions in Imperial, Riverside, and San Bernardino Counties. Mr. Hsieh currently works as Altum’s Survey Manager and oversees all efforts in the Item 1K-100 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 11 Coachella Valley including recent work on the Thermal Community Park, DHS Restroom Improvements, and with the Acrisure Arena. For this project, Mr. Hsieh will assist with preparation of the Project base map and offer backup assistance with any design or plan production needs. Bruce Cowan – Assistant Survey Manager Education: Associate of Arts, Liberal Studies; College of the Desert; Certificate, Global Positioning Systems; University of CA, Riverside Mr. Cowan has been engaged in surveying services since 1985. He has worked in a technical capacity during most aspects of land surveying projects including land records research, field survey planning/coordination and has acted as a Party Chief on topography, boundary and construction surveys utilizing Total Station and GPS equipment. His mapping experience includes downloading field survey data, creating topography survey maps, preparing Record of Survey Maps, Corner Records, legal descriptions and exhibits. Mr. Cowan’s experience also includes existing utilities records research, potholing coordination, calculation of pipeline relocation alignments together with the preparation of plan and profile Relocation Plans for wet utilities. His main responsibilities have revolved around the collection of utility as-built information to field excavation of said utilities, performing field survey and CAD mapping of such information. Environmental Staff Anna Choudhuri – Environmental Planning Manager Education: MA - Urban and Regional Planning, University of New Orleans, New Orleans, LA; MA - Financial Economics, University of New Orleans, New Orleans, CA; BA – English, St. Xavier’s College, Calcutta, India Ms. Choudhuri is an experienced project manager with over 19 years of professional experience in the oversight and delivery of environmental projects. Her experience is in project management, grant administration, land development, project analysis, document preparation as well as senior quality assurance & quality control reviews for over 200 different projects in California, New Mexico, Arizona, Washington, and Louisiana, in compliance with CEQA, NEPA, and other relevant State laws and regulations. Her experience includes recent environmental documentation work in the Cities of Indio, Palm Springs, Palm Desert, and Coachella. Ms. Choudhuri will provide management of the NEPA document for the project and oversee the subcontractor(s) preparing technical studies, if required. Heather Boland – Assistant Planner Education: BS – Urban Ecology, University of Utah, Salt Lake City, UT Ms. Boland is an experienced planner with a background in environmental planning, municipal planning, GIS, and architectural design. As a municipal planner, she has experience with processing entitlement packages including peer reviewing supporting project CEQA documentation for projects in San Jacinto and Imperial Beach. She previously worked at the City of Holladay (UT) where she managed the public counter providing insight to the public as well as to City officials regarding impending projects. She recently finalized CEQA documents for the City of Palm Springs (RIOS Project Residential IS/MND) and the City of Desert Hot Springs (DHS 109 EIR). Ms. Boland has also assisted with the preparation of several CEQA documents for private developers/projects including the Rancho Mirage Vista Del Sol IS/MND and Coachella 20 Acre Industrial Development IS/MND. For this Project, Ms. Boland will assist with technical analysis for the NEPA document. Item 1K-101 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 12 Planning and Outreach Staff Rich Malacoff, MURP, AICP - Principal Planner Education: Master of Urban Planning; Hunter College of The City University of New York; New York City; B.S, Geography; Florida State University Certs: American Institute of Certified Planners (AICP), cert. #006811 Mr. Malacoff has over 30 years of experience in land use planning and environmental impact analysis in Southern California. He brings high levels of knowledge and understanding of the public to the project team through his work for the Cities of Redlands, Cathedral City, Desert Hot Springs, and the Caltrans District 08 Planning Department. This municipal background includes managing City Committees, project management, historic preservation, Preliminary Review Committee, CEQA oversight, acting as Community Development Director, and conducting community outreach. During his employment in the public sector, he provided oversight for required CEQA documents, assisted with review of consultant provided studies, and helped develop strong mitigation monitoring and reporting programs. He also managed major projects including institutional, residential, commercial, and industrial developments. For this project with Palm Desert, he will lead Altum’s outreach component and work with City staff to develop materials for distribution online and through social channels. C.3 Team Organization Item 1K-102 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 13 C.4 Subcontractors Hermann Design Group Chris Hermann, CLA – Principal Landscape Architect Education: B.S., Landscape Architecture – Pennsylvania State University Licenses: CLARB Certified Landscape Architect #40888; Certified Playground Safety Inspector #41236-0421 - CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588 Mr. Hermann founded Hermann Design Group in Palm Desert, California in 1995. He has designed and overseen the construction of both public and private development projects throughout his career, with over 35 years of experience working in the Coachella Valley. While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann Design Group upon the principle of sustainability. In consideration of the environmental impacts of landscape design, he implements sustainable elements and techniques into the design process that maximize resource efficiency. His experience in the local area expands across the Valley and includes projects in Thermal (Thermal Commu nity Park Master Plan), Indio (Indio Sports Park Master Plan, Dr. Carreon Park, Hjorth Park, Station 87 Dog Park), La Quinta (SilverRock Venue Site Master Plan, Pioneer Dog Park, Seasons Dog Park), Rancho Mirage (Rancho Mirage Community Park Expansion & Amphitheater) and Palm Desert (University Park). He is also well-respected by local agencies and has been selected to provide Landscape Design services under on-call contracts for the Cities of Palm Desert, Indio, La Quinta, Palm Springs, Rancho Mirage, Moreno Valley, and the County of Riverside. Jose Estrada – Lead Irrigation Designer Education: B.S., Landscape Architecture, Cal Poly Pomona Mr. Estrada has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development and institutional projects. He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella. Opus Garza – Senior Designer and Director of CAD Operations Education: B.S., Landscape Architecture, Cal Poly San Luis Obispo Opus Garza is a key designer and indispensable leader with project management skills for Hermann Design Group. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He has comprehensive experience designing streetscapes, parks, and trailheads, in addition to residential/commercial landscapes. Opus is responsible for HDG’s CAD operations and systems management, providing guidance and mentorship to emerging designers. Item 1K-103 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 14 Sladden Engineering Brett Anderson, PE – Principal Engineer Education: M.S. Geotechnical Engineering, University of Utah; B.S., Civil Engineering, Colorado State University Licenses: California Civil Engineer, RE No. 45389; Arizona Civil Engineer, RE No. 25283 Mr. Anderson is a Principal Engineer and Manager of Sladden Engineering’s Coachella Valley operations. With over 35 years of professional experience, he provided design engineering related to geotechnical and geologic issues for a variety of project types including transportation, housing, water-facilities, airports, and schools. As Principal Geotechnical Engineer for Sladden Engineering Mr. Anderson authors and reviews geotechnical engineering reports, manages subsurface exploration operations, initiates laboratory testing, performs engineering analysis of laboratory data, and provides design parameters for site preparation, foundations, and other improvements relevant to projects. His experience in the Coachella Valley includes projects done for the Cities of Desert Hot Springs, La Quinta, Palm Springs, Palm Desert, Rancho Mirage, and the Coachella Valley Water District. AeroTech Mapping Eric Phan, CP, PLS – Photogrammetrist - AeroTech Education: BS, Survey Engineering, 1996; BS Geomatics Engineering, 2000 Licenses: Certified Photogrammetrist (CP) #1589; Arizona Registered Land Surveyor (RLS) #60371; Nevada Professional Land Surveyor (PLS) #22408; New Mexico (PLS) #22505 Mr. Phan has been working in the surveying and photogrammetric industries for over 25 years and brings a wealth of knowledge and professional experience to the company. Well versed in all disciplines of surveying and photogrammetry. He has successfully managed over 2,000 surveying mapping projects during his distinguished career. His software experience includes Trimble GPS Equipment and Software, ESRI's ArcGIS/Info, Intergraph’s Microstation Site Works, Autodesk Civil 3D products, UltraCAM Essential AeroTriangulation & Orthophotography, Summit Evolution Softcopy System. His vast knowledge gives him a complete understanding of the photogrammetric process and plays an important role in understanding and implementing successful QA/QC procedures. MD Acoustics Mike Dickerson, INCE – Principal Air Quality and Noise Specialist Education: B.S., Physics (Acoustics), Brigham Young University Certs: Institue of Noise Control Engineers (INCE) Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. His versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to air/noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities, and other agencies (both public and private). Item 1K-104 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 15 D. Proposed Method to Accomplish the Work D.1 Project Understanding The City of Palm Desert is seeking a team of civil engineers, surveyors, environmental planners and landscape engineers to develop plans for Americans with Disabilities (ADA) improvements at Cahuilla Hills Park. A popular trailhead for access to the “Bump and Grind” and “Cross” hikes, the park is located off Highway 74 and currently consists of a parking area, tennis courts, sidewalks, and both pedestrian and equestrian trails. Current amenities are not ADA compliant, and the City has identified several upgrades to the parking stalls, sidewalks, and a trailhead pad to bring the park into regulation. The goal of the project is to preserve the existing look of the site while adding concrete pavement to the existing rest/picnic area, implement picnic area improvements, create a paved ADA path down to existing tennis courts (an unpaved path exists now), and manage drainage increases due to the addition of paved areas. It is anticipated that the project limits will stay within the existing developed area. In addition, the City has noted several items that it would like to see implemented at the Park through this process. These are the items discussed at the City’s pre-proposal meeting for this project: No planting is requested to be added, however the City has plans for a future Pollination Garden onsite. These upgrades should include an extension of existing irrigation lines to the future garden. Desired amenities include a covered shade structure over the “flat” trailhead gathering area, a water fountain, picnic tables, upgraded BBQs, and small trail lighting for the ADA path. Bollards directing light downward as an example. Paved ADA access from the flat area down to the tennis courts which will most likely require switchbacks. In addition, the City is requesting options for preserving an equestrian trail along the side of the ADA path leading down below. No new signage or directional wayfinding improvements are proposed. The City requires a civil engineering team with the ability to provide surveying services, landscape design, environmental documentation and general engineering as part of the development of the project’s Plans, Specifications, and Estimates (PS&Es). The project is funded in part through a Community Development Block Grant (CDBG) and also requires environmental clearance documentation as part of the tasks. Item 1K-105 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 16 D.2 Technical Scope of Work Based on site visits and review of the City’s RFP, we have adjusted the scope of work to simplify the tasks needed for the project while still being completed in five (5) stages as requested. This scope is based on our understanding of potential improvements and challenges that the project may face. Stage 1 - Data Collection Task 1.1 – Kick-off Meeting Altum will coordinate a project kick-off meeting with the City’s Project Manager and supporting staff. The kickoff meeting will be conducted at the City of Palm Desert and will be used to establish the project scope, limits, budgets, and to define the project team and the lines of communication. At a minimum, Altum’s P roject Manager, Design Engineer, Project Administrator, and other Altum team members deemed important by the Project Manager will attend the kick-off meeting. We recommend that a member of Desert Cities Baptist Church be in attendance to represent the issues identified by the congregation. The kickoff meeting will also establish the project budget and schedule with milestone dates to coincide with City Council dates for project approval, preferred construction dates, and/or funding requirements. Meeting notes will be taken by Altum staff and distributed to all attendees within 24-hours of the meeting. Task 1.2 – Site Visit Directly following the Kickoff Meeting, Altum’s team will perform a site visit to document the location and condition of existing visible design constraints within the project limits. Pictures of the project area will be taken and logged into the project manual for reference throughout the design process for the project. The photograph log will also be utilized to document existing conditions prior to construction to minimize disputes during construction. Task 1.3 – Data Collection Altum will coordinate with the City to obtain available digital and hardcopy work for the project area prepared to date to further the site research. Altum will review said data (e.g., plan sets, topographic maps, utility maps, etc.) and provide the City with recommendations, if any, for ad ditional studies or preliminary work which may need to be performed. Stage 2 - Feasibility and Alternatives Analysis Task 2.1 - Feasibility Analysis Altum will prepare a Feasibility and Alternatives Analysis (simple letter report format) upon conclusion of our investigative project research that will summarize our findings and make recommendations for the ADA improvements. This includes several iterations of plans to incorporate all of the requested upgrades and possible requests such as keeping an equestrian trail onsite. Preliminary hydrology calculations and preliminary landscape and engineering exhibits will be prepared. This scope will include developing a maximum of two preliminary design concepts, including supporting preliminary quantity and cost estimates. The analysis will include a discussion of the anticipated environmental clearance and a recommendation for proposed improvements. Upon selection of the preferred concept by the City, Altum will begin the Phase 3 tasks including preparation of the engineering and landscape plans. Task 2.2 – Stakeholder Engagement Throughout the Feasibility and Alternatives Analysis task, Altum will coordinate with the key stakeholders, including but not limited to the surrounding property owners, the Desert Cities Baptist Church, and Cahuilla Hills Item 1K-106 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 17 Park representatives. Engagement will help identify ADA issues, assess alternatives, and gain input on solutions and designs particularly as it pertains to alternatives and the final project outcome. Coordination includes involvement with two (2) public meetings on the project (either at the City or at Cahuilla Hills Park), development of handouts for the meeting(s), and digital files of graphics/exhibits for the City to post on their website, social media, and in the Brightside newsletter. Stage 3 - Preliminary Engineering and Environmental Documentation Task 3.1 – Field Survey, Mapping and Right-of-Way Needs Assessment Subtask 3.1.1 - Topographic and Design Survey Altum will perform a topographic survey of the project site, obtaining horizontal and vertical information for the park, parking lot pavement, adjacent houses and Church, and above ground utilities (if any). The topography will include one (1) foot contours as well as spot elevations as necessary. Subtask 3.1.2 - Utility Research Altum will perform utility research for the project in preparation of a digital (ACAD format) utility base file. Said research may include contacting the governing wet and dry utility agencies and requesting available plats, maps, studies, or other records which identify existing on-site or adjacent off-site utilities and drainage. Altum will coordinate with the City, project team, and utility agencies to define the necessary relocations. Altum will perform a cursory site visit, review the agency provided records and prepare a digital utility base file. Potholing is not anticipated or included in this task. Subtask 3.1.3 - Project Base Map Based on the results of the project research and investigation, the field topographic survey, and the utility research, an overall project base map will be prepared in AutoCAD or Civil3D format that will depict the existing conditions including elevation contours, existing and proposed rights of ways, and existing utilities. The project base map will be used as the basis for the alternatives analysis and final design plans. Task 3.2 – Geotechnical Investigation For the geotechnical needs of this project, Altum will be utilizing Sladden Engineering to provide a limited soil investigation to study the corrosivity of the soil as it relates to concrete that will be used for improvements. Their scope of services includes field exploration, laboratory testing, engineering analyses and report preparation. The field investigation will include the excavation of three (3) or four (4) shallow exploratory bores on the site. The exploratory bores will be excavated with hand equipment. Disturbed samples of the surface soil will be obtained within the bores for laboratory testing and engineering analyses. Laboratory testing will be performed on soil samples to determine soil characteristics and pertinent engineering properties that should be considered in an engineering evaluation. Testing will include soil classification determination, in-situ density and moisture content determination, maximum density/optimum moisture determination, shear strength determination, and soluble sulfate content determination. A formal report will be prepared summarizing the findings. The report will include descriptions of field and laboratory procedures and results, discussions regarding engineering evaluation methods and results, and recommendations. Recommendations will include general site preparation criteria, site improvement design parameters, and soil considerations. Task 3.3 – Environmental Studies and Documentation Based on information provided by City staff at the Project pre-proposal meeting, it is understood that his project is funded by a Community Development Block Grant (CDBG) and will utilize Federal HUD funds. As such, the project is subject to the National Environmental Policy Act (NEPA). Altum will prepare environmental documentation to comply with NEPA in the form of a Categorical Exclusion (CE). In addition, we are including Item 1K-107 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 18 preparation of Air Quality, Greenhouse Gas, Energy, and Noise technical studies as an optional task. There are existing structures in the project area, and it is possible that noise and dust during construction may affect Church-goers or Cahuilla Hills Park visitors and these issues could be subject to environmental analysis. Subtask 3.3.1 – NEPA Categorical Exclusion The environmental determination for the proposed Project would entail the preparation of an Environmental Review Record (ERR). Altum staff will provide a written description and analysis of the proposed Park improvements per all applicable sections of Part 58 that will require documentation in the ERR. This ERR will address at a minimum, whether or not the requirements of the Flood Disaster Protection Act, Coastal Barrier Resources Act, and/or provision of 24 CFR 51.303(a)(3) (disclosure for the sale or purchase of an existing property within a Runway Clear Zone or Clear Zone) are applicable to the proposed Project. Subtask 3.3.2 – Response to Comments Altum staff will assist in the response to any comments received, for a m aximum of ten (10) comments. Responses to substantial comments may require a contract amendment. Substantial comments are defined as comments that require additional analysis or modifications to the CE. Subtask 3.3.3 – Agency Coordination Altum staff will assist City staff with Agency coordination related to the CE and public comment responses, as needed. This may include, but is not limited to, the federal agencies funding proposed Project activities. Subtask 3.3.4 – Noticing Prior to requesting the release of funds for the Cahuilla Hills Park Project, the City of Palm Desert will need to publish a Notice of Intent to Request Release of Funds (NOI/RROF). Altum staff will prepare the NOI/RROF for the proposed project. These Notices will be provided in digital format for City staff to review. Once revised and finalized, Altum will provide one (1) electronic copy and one (1) printed copy of both notices to be filed by the City. Please note: If the NOI-RROF is published in a newspaper of general circulation, the public comment period is a minimum of 7 calendar days, and a minimum of 10 calendar days if it is posted/mailed. Optional Subtask 3.3.5 – Technical Studies If authorized by the City, Altum’s subcontractor, MD Acoustics, will prepare a technical assessment of air quality, greenhouse gas, and energy, and a technical study for noise. Optional Subtask 1 – Noise Study Report 1. Review the site plan and topography project from an acoustical standpoint. 2. Determine the existing noise environment at the project site. MD will measure existing ambient noise at or near the project site. The ambient noise will establish the baseline conditions. MD will utilize a type-1 sound level meter (SLM) which will record the hourly average noise level and will provide the existing noise level at the boundaries or areas of concern (e.g. property lines). 3. Utilize a version of the FHWA Noise Prediction Model to determine the roadway noise impacts to and from the project site and compare to the City’s noise standards, if needed. This assumes the traffic study finds additional increase in traffic noise levels as a result of the proposed project. 4. Calculate the project’s operational noise impact (e.g. parking) to adjacent land uses and ensure levels are compliant with City’s standards using SoundPlan 3D acoustical modeling software. 5. Utilize the FHWA Construction noise model to determine the short-term construction noise and vibration impacts for the project during construction. Determine the exterior noise impact to the surrounding adjacent properties and provide mitigation measures to alleviate any potential significant noise impact. Item 1K-108 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 19 6. Summarize the results of the analysis in a noise impact study that will address the exterior noise impacts to and from the project site for both short-term and long-term noise impacts and provide recommendations. In addition, the noise study will evaluate the estimated interior noise impacts and recommended mitigation measures. Optional Subtask 2 – Air Quality, Greenhouse Gas Impact and Energy 1. Identify the existing air quality setting in the area. 2. Identify applicable international, federal, state, SCAQMD’s, and local rules and regulations including the State greenhouse gas (GHG) regulations Assembly Bills (AB) 32 and 1493, Senate Bills (SB) 32, 97, 107, 375, 527, 1368, and 1771, and Executive Orders S-3-05 and S-14-08. 3. Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARB) data sources. Data will be obtained for air pollutants, including ozone, carbon monoxide (CO), nitrogen dioxide (NO2), PM10, and PM2.5. 4. Identify greenhouse gases (GHGs) and their associated impacts to global climate change. 5. Identify thresholds of significance for the criteria pollutants and GHGs. 6. Evaluate and quantify regional criteria pollutant and GHG emissions associated with construction and operational activities for the proposed project utilizing the CalEEMod Model. If significant emission levels are found to be created from construction and/or operational activities, feasible mitigation will be developed and quantified. Project emissions will be compared to City or County Climate Action Plan (CAP) or equivalent, if applicable. 7. Evaluate local NOx, CO, PM10, and PM2.5 construction and operational emissions at the nearest sensitive receptors to the project. The emissions will be compared against the SCAQMD Look -Up Tables and will follow the methodology described in Localized Significance Threshold Methodology, pre pared by SCAQMD, July 2008. 8. Provide a qualitative odor analysis from the construction and operation of the proposed project. 9. Evaluate the construction-related and operational related energy uses. Task 3.4 – Preliminary Utility Coordination Utility communication and coordination will occur throughout the duration of the project. As part of the utility coordination effort anticipated, Altum will perform a thorough investigation and maintain a log of utility dispositions, if any, to identify existing and proposed utilities to be considered with this project. Altum will provide the City with a copy of all communication records, drawings, and other documents received from the utility providers. These copies will be assembled in a project log and provided to the C ity in hard copy format. Task 3.5 – Preliminary Project Alignment Alternatives Analysis Altum will explore opportunities to provide alternate configurations to account for existing utilities, existing driveways and access locations, existing landscape and fences/walls, and other constraints. This will provide options that will minimize impacts to residents, park visitors, and Church goers and at the same time result in cost savings to the City of Palm Desert. The plans will include: Existing and proposed parking areas, pedestrian pathways, equestrian pathways, sports facilities, and other park amenities; Other recommended improvements due to the proposed parking configurations, transitions to landscaped facilities, and pedestrian ADA ramps; Hardscape amenities including lighting; Recommended improvements where existing facilities do not meet current standards (e.g.; pedestrian ADA ramps, pathways, etc.). Item 1K-109 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 20 Task 3.6 – Design Red Flag Summary Altum will prepare a summary of potential “Red Flags” in the design of the ADA improvements that will be reviewed with City staff. If any issues are discovered, Altum and impacted subcontractors will meet with the City to identify and develop possible solutions or workarounds. Task 3.7 – Project Limits Alternatives Analysis Altum will prepare a quick summary analysis of the project limits and any available options for design(s) of the improvements. Limits include the existing and proposed asphalt paving, curb and gutter, and ADA paths. Task 3.8 – Preliminary Project Cost Estimate Altum will prepare a Preliminary Estimate of Probable Costs for the project. This information will be updated with the Final Plans submittal. Task 3.9 – Landscaping Features and Palette Altum’s subcontractor, Hermann Design Group (HDG), will prepare a conceptual plan for review by City Staff that illustrates the scale and location of the existing site amenities and proposed enhancements. The proposed site enhancements include: Trailhead shade structure Water fountain(s) Picnic tables BBQ upgrades Extension of the existing irrigation system to a future pollination garden (to be constructed by the City) An equestrian trail adjacent to the ADA Pathway that leads to existing amenities Trail lighting (e.g., bollards) Upon approval for the preliminary landscape plan, HDG will prepare a final plan set consisting of the following: A. Construction Plan and Details – This plan will illustrate all walls, rock, decomposed granite, and cobble in plan view with dimensions, details, and selections of materials. Construction details will be provided for the following site amenities: Trailhead shade structure. Water fountain(s). Picnic tables. BBQ enhancements. An equestrian trail adjacent to the ADA Pathway that leads to the existing tennis courts below. B. Electrical Engineering – HDG will utilize RTM to will utilize provide electrical engineering and lighting design services for the project as outlined below: Provide landscape lighting design for all landscape areas. Provide new electrical service(s) and circuiting for all lighting and ancillary power needs. Provide Exterior Lighting Title 24 Compliance Report for all general lighting. Provide a complete set of electrical construction documents that includes: o Electrical Site Plan o Branch circuiting and controls for all lighting o Panel board and schedules Item 1K-110 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 21 Review all building department comments as required to obtain approval. The construction documents shall include all general and specific notes and specifications. Opinion of probable construction cost. C. Irrigation Plan and Details – This plan will illustrate the location of all irrigation components. Details will be provided as required. Irrigation water budget calculations and water agency submittal for approval are included. D. Preliminary Water Budget – HDG will prepare a water budget calculation for landscape water use which will be based upon the preliminary landscape plan. E. Final Opinion Of Probable Cost – HDG will prepare a final opinion of probable construction cost for the landscape plans based on the final plans prepared in Stage 4 – Final Engineering. Task 3.10 – Preliminary Hydrology Report Altum will prepare a preliminary on-site hydrology analysis to confirm drainage paths, preliminary pipe sizes and size of retention areas (if any). A Preliminary On-Site Hydrology Report will be prepared based on City requirements and later utilized as the basis for a final hydrology report (to be prepared during final design). Only minor drainage improvements are anticipated for the project. Consultant assumes the site is not subject to off- site flows (beyond the property limits) or floodplain mapping (CLOMR/LOMR) requirements. An exhibit identifying existing drainage paths will be prepared as part of t his task and will be included in the report and submitted as part of the Design Plans package. One (1) round of review and minor revisions are included based on City comments. Stage 4 - Final Engineering Altum will prepare improvement plans for the project limits that include: Title Sheet with vicinity map, sheet layout map, notes, etc. The improvement plans will include location and description of proposed ADA improvements, elevations at critical locations, walkway approaches, crosswalks, and other items required to complete the drawings. Separate detail sheet(s) will also be generated, if necessary, to provide any additional information required to complete the construction. As noted in discussions with City staff during the Project’s pre-proposal meeting, Altum understands that neither a Water Quality Management Plan (WQMP) or a Stormwater Pollution Prevention Plan (SWPPP) are required. Thresholds that trigger these reports will not be met as the project is less than 5,000 square feet (WQMP threshold) and total disturbance is less than one (1) acre (SWPPP threshold). Plan submittals at various stages will be submitted to ensure the City’s design concerns are addressed at proper intervals throughout the project. Task 4.1 - Preparation of 35% Design Plans Altum will prepare plans and details all in accordance with current City standards. The 35% plans will also address the “tie-in” considerations for the proposed improvements and a recommendation for improvements as well as a listing of the proposed permits that will be required for the project. The set of 35% construction documents may include: Title Sheet Typical Cross-Sections Key Map & Line Index Layout Plans Item 1K-111 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 22 Profile Plans Drainage Plans, Profiles & Details Conceptual Stage Construction Strip Map Construction Cost Estimate Upon City review of the 35% complete PS&E submittal, The Altum Group team will meet with the City to review comments that will enable the design team to address comments in an exp editious manner. At this meeting, the City can provide additional design input to be incorporated into the 65% PS&E’s. Task 4.2 - Preparation of 65% Design Plans Based upon the results of City review of the 35% Design plans, Altum will prepare a set of 65% construction documents that may include: All items listed in 35% submittal Demolition Plans Construction Details Contour Grading Plans Stage Construction Plans & Quantities Construction Area Signs Plans and Quantities Summary of Quantities Retaining Wall Plans and Details, as needed for ADA ramp (utilizing City design guidelines) Electrical Lighting Plans, Details and Quantities Landscaping, Planting and Irrigation Plans, Details and Quantities Erosion Control Plans, Details and Quantities Special Provisions Draft Hydrology/Drainage Study Task 4.3 - Preparation of 100% Design Plans Altum will prepare final drawings at an appropriate scale for the project limits that include: Title Sheet with vicinity map, sheet layout map, notes, etc.; improvement plans which may include grading, drainage, landscape, and ADA details as appropriate. After implementation of the PS&E comments from the 65% design level, Altum will prepare the 100% (final) set of PS&E’s that may include: Complete Improvement Plans for the project (All items listed in 65% submittal) Final Details and Sections Construction notes and quantities Construction Schedule Project Specifications Estimate of Probable Construction Costs Task 4.4 – Final Plans Submittal Altum will prepare Project Technical Specifications, Special Provisions, and Bid Sheet tabulation for the project based on 100% plans. The Special Provisions will be based on the current edition of the Standard Specifications for Public Works Construction (“Greenbook”) and will be prepared in MS Word format. The Special Provisions will be prepared as an insert to the City of Palm Desert’s standard construction contracts and “boiler plate” and will include an itemized bid sheet detailing the individual bid items for construction/demolition based on unit Item 1K-112 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 23 pricing. Final landscape plans will be submitted to CVWD and Riverside County Agricultural Commission for approval. Altum will update the Estimate of Probable Costs for the project based on the Final plan details. The cost estimate will be prepared in Excel format and will be based on current unit price costs for similar work. The estimate is preliminary in nature and is intended solely to provide the City with a project budget estimate for construction. Stage 5 - Bidding Support and Construction Engineering Altum will provide construction support to the City to include support during bidding and during construction. Bidding support may include attendance at the project pre-bid meeting; answering bidder-generated questions regarding the plans and specification; plan revisions (if necessary) and issuance of addendum and revised plans (if necessary). Service will be requested by the City and Altum responses will be directed to the City for consistency. After receipt of bids and City approval of the successful bid, Altum may provide construction-related support for the project to include: attendance at the pre-construction conference; respond to contractor-generated RFI’s; review shop drawings (if any); attend project final walk and prepare “punchlist” of items requiring attention; prepare project closeout letter to City; and prepare record drawings based on contractor and inspector provided redlines. All service requests will be sent to the City for approval prior to commencement of the work. Altum will be available for project meetings that may occur throughout the duration of the project and will attend based on City invitation. Project Management and Coordination The Altum Group will manage this project for the City of Palm Desert and oversee all work done by our subcontractors, Hermann Design Group, Sladden Engineering, and MD Acoustics. Our overall project management approach includes: Establishing a project budget and schedule. The schedule and budget will be updated monthly and/or at key milestone dates and the City will be given a summary of the status of the project including areas where additional effort is required to maintain schedules and budgets; Prompt review of questions and submittals; Value engineering and cost-effective designs in addition to our rigorous QA/QC program; and Regularly scheduled meetings/telephone conferences with City staff to provide updates and address issues/concerns. Altum will coordinate and attend bi-monthly project meetings with the City to discuss design issues, progress, and anticipated schedule for subsequent meetings. Altum will prepare meeting agendas and distribute meeting notes to all attendees. Altum anticipates personal attendance at several meetings for the project including the project kickoff meeting and design level review meetings at 35%, 65%, and 100% submittals. Altum will prepare agendas for these meetings and will distribute meeting minutes to all attendees within 24-hours of the meeting. Project coordination will continue through the duration of the project and will include at a minimum: scheduled project updates; required communication with other involved agencies; plan check and QA/QC; project status meetings; monthly invoicing and tracking; and any project changes or issues. It will also include administrative work needed to respond to City’s request such as report and plan copying, mailing, etc. Item 1K-113 Cahuilla Hills Park ADA Improvements City of Palm Desert Page | 24 D.3 Schedule The following schedules outline all tasks required to complete the project starting from the Kickoff Meeting. Assuming a start date of April 2023 and timely plan reviews by the City, we estimate this project will be finished in December 2023, approximately nine (9) months. This schedule is a preliminary estimate, and a complete, detailed MS Project Schedule be finalized with input from the City after contract award. April May June July August September October November December 1.1 Kickoff Meeting 1 Day 1.2 Site Visit 1 Day 1.3 Data Collection 3 Weeks 2.1 Feasibility Analysis 5 weeks 2.2 Stakehold Engagement 1 Day Each 3.1 Field Survey, Mapping and Right-of-Way Needs Assessment 3.1.1 Topographic and Design Survey 4 Weeks 3.1.2 Utility Research 4 Weeks 3.1.3 Project Base Map/Right-of-Way Exhibit 3 Weeks 3.2 Geotechnical Investigation 4 Weeks 3.3 Environmental Studies and Documentation 3.3.1 NEPA Categorical Exclusion 3 Weeks 3.3.2 Agency Coordination 2 Weeks 3.3.3 Noticing 2 Days 3.3.4 Response to Comments 1 Week 3.4 Preliminary Utility Coordination 4 Weeks 3.5 Preliminary Project Alignment Alternatives Analysis 4 Weeks 3.6 Design Red Flag Summary 1 Week 3.7 Project Limits Alternatives Analysis 2 Weeks 3.8 Preliminary Project Cost Estimate 2 Weeks 3.9 Landscaping Features and Palette 6 Weeks 3.10.Preliminary Hydrology Report 4 Weeks 4.1 Preparation of 35% Design Plans 6 Weeks 4.2 Preparation of 65% Design Plans 4 Weeks 4.3 Preparation of 100% Design Plans 2 Weeks Bidding Support and Construction Engineering TBD Project Management and Coordination 9 Months Office Work Public Review City Review Ongoing Coordination Project Team Meeting Cahuilla Hills Park ADA Improvements Proposed Schedule Task Duration 2023 Stage 5 - Bidding Support and Construction Engineering Project Management and Coordination Stage 1 - Data Collection Stage 2 - Feasibility and Alternatives Analysis Stage 3 - Preliminary Engineering and Environmental Documentation Stage 4 - Final Engineering Item 1K-114 Appendix – Resumes Item 1K-115 Doug Franklin, P.E. Vice President Education: Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona, California, 1994 Registrations: State of California, Registered Civil Engineer #61887 Qualifications: Mr. Franklin is a founding partner with The Altum Group and currently serves as the firm’s Vice President. He has been responsible for engineering design, plan preparation, management and oversight of projects throughout California and in Mexico. This experience includes industrial/commercial, golf and residential development, retail, entertainment, wastewater, energy and infrastructure projects. Mr. Franklin provides technical oversight and management for Altum’s current on-call contracts with the City of Indio, City of Moreno Valley, Antelope Valley Community College District, and the County of San Bernardino. His previous project-level experience includes work on the Mecca Street Revitalization Project for the County of Riverside, Magnesia Falls Street Improvements and Portola Avenue Widening projects with the City of Palm Desert, and various infrastructure upgrades for the Agua Caliente Band of Cahuilla Indians. Project Experience: Portola Avenue Widening, Palm Desert, CA Project Manager responsible for overseeing the preparation of street improvement plans, specifications and estimates for the Portola Avenue widening Sand Canyon Avenue Widening, Irvine, CA Engineer responsible for providing design and project management services for this street widening project of Sand Canyon Avenue between Irvine Center Drive and Barranca Parkway in the City of Irvine. Mr. Franklin was responsible for preparing the street improvement plans and coordinating the street improvements with the on-site improvements. Avenue 52 Storm Drain Improvements, La Quinta, CA Project Manager responsible for overseeing the preparation of storm drain improvement plans for approximately one mile of 72” storm drain facilities. Adams Street Pipeline, City of Indio/Riverside County, CA Project Manager responsible for overseeing the preparation of water improvement plans for approximately one mile of 24” water main line. This project was processed concurrently through the City of Indio, Riverside County and the Coachella Valley Water District. Magnesia Falls Street Improvements, Palm Desert, CA Project Manager responsible for providing civil engineering, surveying, and mapping preparation of street improvements for the Magnesia Falls Street Improvement project. This project consisted of 3.9 feet of full roadway improvement from Monterey Avenue to San Pablo Avenue and approximately 500 feet of Monterey Avenue in Palm Desert, California. The Keith Companies also provided all the topographic, right-of-way mapping and construction staking. Item 1K-116 Doug Franklin, P.E. Vice President 2 Oak Canyon Beautification, Irvine, CA Engineer responsible for providing design services for this 2,500-foot-long parkway in the City of Irvine. His responsibilities included supporting the landscape architects in their preparation of Parkway Landscape Plans, including providing sidewalk and driveway design, ADA access, utility vault adjustments, and grading design, performing a site visit to identify constraints and utility relocations, and supervising the development of a record data base map. SilverRock Resort, La Quinta, CA Project Manager responsible for overseeing the planning and final design of the Phase 1 improvements for the SilverRock Resort. Final improvements included an 18-hole Arnold Palmer designed golf course, a temporary clubhouse, maintenance facility, on-site and off-site street, water, sewer and drainage improvements, and mass grading of the entire 525-acre site. Fiesta de Vida, Indio, CA Managing Engineer for preparation of a Specific Plan, Tentative Maps, LAFCO application, and Plan of Services Agreement for a 656-acre mixed residential/retirement golf community. Citrus Ranch, Indio, CA Managing Engineer for preparation and processing of a Specific Plan, Change of Zone, Annexation, Master Tentative and Large Lot Tentative Maps for a 1183-acre, 2,075-unit mixed-use planned community including golf course, recreation facilities, boutique hotel and various residential densities. Venezia, Palm Desert, CA Managing Engineer for preparation of a Land Plan, Tract Map and Environmental Assessment for 30 -acre 92-unit luxury single family residential development in the City of Palm Desert, CA. Stonefield 100, Indio, CA Managing Engineer for preparation of a Land Plan, Change of Zone for a 100-acre project, where three Tentative Maps were processed creating 103 luxury residential lots. Palm Hills, Palm Springs, CA Provision of engineering services in support of a Specific Plan and Large Lot and Tentative Maps for a mixed use 1200 -acre project including a 450-unit Hotel, single-family, and attached multi-family residential totaling 1200 units in the foothills of Palm Springs. Hwy 111 at Town Center, Palm Desert, CA Project Manager responsible for overseeing the preparation of street improvement plans for the Hwy 111 at Town Center Improvements. This included coordination with Caltrans and the City of Palm Desert. Mr. Franklin was responsible for preparing the street improvement plans (including specifications and estimates) and coordinating the street improvements with the Entrada Del Paseo on-site improvements. The La Quinta Resort and Club, La Quinta, CA Managing Engineer for preparation of a Specific Plan amendment for the 66 -acre La Quinta Resort. The Specific Plan will facilitate the demolition of 176 hotel units, 50,330 sq. ft. of commercial/ancillary uses, 11 tennis courts and swimming pool and the addition of 807 hotel units, 138,362 sq. ft of commercial/ancillary uses, and construction of a new stadium tennis court and swimming complex. The multi-node resort will include a two-floor subterranean garage, and hotel structures up to 66 feet in height, with a total of 1,448 keys. Item 1K-117 James Bazua, PE, QSD/P Chief Engineer Education: Bachelor of Science, Civil Engineering, San Diego State University Associate of Science Engineering, College of the Desert Registrations: State of California, Registered Civil Engineer #58394 Qualified SWPPP Developer Qualified SWPPP Practitioner Qualifications: Mr. Bazua has over 25 years of experience in Civil Engineering design. He founded The Altum Group along with Mike Peroni and Doug Franklin in 2009 and is the Chief Engineer for the company. As one of the founding members of The Altum Group, he has been integrally involved with all engineering projects done by the firm. His "hands on" involvement with projects begins with planning-level design through preparation of construction documents for approval. His specific areas of expertise encompass street design, commercial and industrial site design, grading and land development, design of storm drain systems and preparation of hydrologic and hydraulic studies using StormCAD and WSPG software. Mr. Bazua utilizes CAD drafting and design support on all of his project work. Mr. Bazua is certified as a Qualified SWPPP Practitioner (QSP) and Developer (QSD) and inspects projects for compliance with SWPPP requirements. As Altum’s Stormwater Lead, he oversees preparation of Stormwater Pollution Prevention Plans (SWPPP) for qualifying Altum projects. Project Experience: Mecca Street Revitalization Project, Riverside County, CA As Engineer of Record, Mr. Bazua, coordinated the overall design effort with Riverside County EDA and Riverside County Transportation Department, including the creation of a master drainage plan and preparation of street improvement plans for all five phases of the Mecca Street Revitalization Project. This project consisted primarily of the preparation of plans, specifications, and estimates (PSE’s) for five phases of full-scale street improvement design for approximately 7 miles of streets within the community of Mecca, in unincorporated Riverside County. The scope of services included: safety improvements such as sidewalks, signage, bus turnouts and crosswalks for the Mecca Elementary School; street and pedestrian crossing of the Union Pacific Railroad (UPRR) involving federal funding; roundabout and entry monument improvements that serve as a gateway to Mecca; curb, gutter and pavement improvements; undergrounding/relocation of utilities; drainage solutions; parkway landscaping and park design; right of way acquisitions; and coordination with key public agencies such as RCTD, EDA, Coachella Valley Water District, Caltrans and the UPRR. Alessandro Alley, Palm Desert, CA The Alessandro Corridor Improvements encompassed the City’s downtown commercial district, a main thoroughfare through the region. Improvements proposed by the City included ADA accessibility upgrades, reorientation of several carports, updating lighting for parallel alleyway, and demolition of several walls along the street. As Project Manager and Project Engineer, Mr. Bazua prepared all street improvement plans for the Palm Desert Redevelopment Agency Enhancement Project. He also coordinated work with the City of Palm Desert, Coachella Valley Water District, and various wet and dry utility agencies throughout the project. Item 1K-118 James Bazua, PE, QSD/P Chief Engineer 2 Mid-Valley Pipeline Extension, Riverside County, CA The project involved the installation of approximately 5,350 linear feet of 2 parallel 24-inch domestic and recycled water lines designed to cross underneath Union Pacific Railroad and Interstate 10, providing the terminus of CVWD’s Mid-Valley Recycled Water Pipeline, and connecting domestic water sources on opposite sides of the transportation corridor. As the Engineer of Record, Mr. Bazua prepared plans for the final leg of the 18” Mid-Valley water line extending underneath Union Pacific Railroad. 9th Street Project, Escondido, CA Project Engineer responsible for the preparation of street and drainage improvement plans for the City of Escondido 9th Street Project. Desert Wave Surf Resort Project, Palm Desert, CA Project Engineer for the design services regarding development of the Desert Wave Surf Resort within the existing Desert Willow Resort Development in Palm Desert. This unique project involves construction of an artificial wave/surf pool and various recreational facilities including swimming pools, a hotel, casitas, surf shop, tennis courts, and other amenities. Plans prepared by Mr. Bazua include Rough Grading Plans, Utility Plans, Tentative Map, On-Site Hydrology, and the WQMP. Desert Christian Academy Campus Improvements, Bermuda Dunes, CA Mr. Bazua serves as the Chief Engineer for Altum providing civil engineering services for the project. Desert Christian Academy is proposing hardscape and landscape improvements to an existing quad/playground area on campus, and pursuing Entitlement approval for full campus improvements. Sunniva Cultivation Campus, Cathedral City, CA The Sunniva Cultivation Campus is a medical cannabis warehouse and dispensary on an approximately 19-acre site in Cathedral City. The facility consisted of two buildings totaling approximately 500,000 square feet, with 370 parking spaces, a retention basin at the southeast corner of the site, and a “laydown area” for construction materials and unloading deliveries during operations at the southwest corner of the site. Mr. Bazua was the Project Manager and Project Engineer for the project and prepared the rough grading, precise grading, storm drain design, water and sewer improvements plans, and the street improvement plans for Ramon Road. Yellow Freight Distribution Center, San Bernardino, CA As Project Engineer, prepared all grading, drainage and street plans for the Yellow Freight Distribution Center in San Bernardino, CA. At the time of construction, the Distribution Center was the largest of its kind in the western United States. The project involved plan approvals and coordination with The City of San Bernardino, San Bernardino Flood Control District, Caltrans and the U.S. Army Corps of Engineers. Item 1K-119 Randall R. LaMere Senior Project Designer Education: A.A. General Studies Bellevue College, Bellevue, WA Registrations: SCAQMD PM-10 Certified Qualifications: Civil Designer with 39 years of Civil Engineering/drafting/design/CAD and project management experience working with multiple software platforms and various projects, ranging from airports, hospitals, schools, telecommunications systems, single family residential to multi-family residential, commercial and manufacturing developments in Washington State and California. Project Experience: Pierce Street Sewer Lift Station Engineering, Mecca, CA Mr. LaMere is assisting with preparation of preliminary engineering plans and project management services required for the construction of a backbone sanitary sewer system consisting of a gravity sewer line in unincorporated Riverside County. Highway 111 Street Improvement Plans, Indio, CA The Highway 111 Street Improvements project is a street widening program from Madison Street to Rubidoux Street (approximately 8,800 lineal feet) that included survey and design for widening the existing street section from 2 -lanes in each direction to 3-lanes in each direction. As the project is partially funded by Caltrans, all improvements were designed to stay within the current right of way. Mr. LaMere assisted with design plans for the project. Porsche, Palm Springs, CA Responsible for the civil engineering design and drafting for the precise grading, sewer, water and storm drain improvements and SWPPP, WQMP and PM-10 reports for this automobile dealership project in Palm Springs. Mr. LaMere utilized AutoDesk Civil 3d technology to prepare the drawings. Cultivation Technologies Inc., Coachella, CA Responsible for the civil engineering design for the precise grading, street improvement plans, sewer, water and storm drain improvements using AutoDesk Civil 3d technology. Coachella Warehouses, Coachella, CA Responsible for the civil engineering design for the storm drain, sewer and water improvements using AutoDesk Civil 3d technology. The Overlook at Brookshire- multi-family residential development, Sammamish, WA Assisted in the design for the grading, storm, sewer and water improvements for this 43 unit housing and 34 unit townhome project using AutoDesk Civil 3d technology. Item 1K-120 Randall R. LaMere Senior Project Designer 2 Cornerstone Engineering, Woodinville, WA Responsible for the civil engineering design on various cellular phone towers at new sites, parking lots and building locations for clients AT&T, Verizon Wireless and T-mobile. City of Sammamish Public Works , Sammamish, WA Responsible for the civil engineering design and improvements on 244th Ave NE street widening project. Kadlec Neuroscience Center, Richland, WA Responsible for the civil engineering design on the grading and storm drain improvements on the new site and parking lot using AutoDesk Civil 3d technology. Southgate Elementary School, Kennewick, WA Responsible for the civil engineering design on the grading and storm drain improvements on the new site and parking lot using AutoDesk Civil 3d technology. Frontier Washington Border Crossing Facilities, Frontier, WA Responsible for the civil engineering design on the grading and storm drain improvements on the new site and parking lot Using AutoDesk Civil 3d technology and vehicle turning exhibits using AutoTurn software. City of Shelton, Shelton, WA Responsible for the civil engineering design on complete rehabilitation improvements on the city sewer system using AutoDesk civil 3d technology. Alderwood Water District, Alderwood, WA Responsible for the civil engineering design on 5 miles of water system rehabilitation improvements using AutoDesk Civil 3d technology. Trilogy at La Quinta, La Quinta, CA Responsible for the civil engineering design and project management for the precise grading improvements for 1,238 single family homes, model home center and golf course amenities. Item 1K-121 Tung Hsieh, P.E., P.L.S. Survey Manager www.thealtumgroup.com Education: M.S., Civil Engineering, Fresno State University B.S., Civil Engineering, National Taiwan University of Science and Technology Registrations: State of California, Registered Civil Engineer No. 70278 and Registered Land Surveyor No. 8722 State of Arizona, Registered Land Surveyor No. 51012 Qualifications: Mr. Hsieh has over 25 years of experience in Land Surveying and Civil Engineering design in Southern California. A skilled surveyor and engineer, he utilizes CAD drafting, land surveying and design support on his projects. Mr. Hsieh’s experience includes record of surveys, tentative maps, parcel maps, final maps, environmental constraint sheets, lot line adjustment, parcel merger, certificate of compliance, constru ction staking layout, transmission line layout, plot plan, commercial ALTAs, large solar project ALTAs, wind energy ALTAs, right of way conveyance, legal description and plat preparation and survey map check. His experience also includes providing plan check services for local municipalities where he acted as the Surveyor of Record. Projects have included religious campuses, residential developments, industrial parks, infrastructure including transportation and water/sewer, and recreational facilities. Mr. Hsieh currently manages the office and field crews for Altum’s Palm Desert location. He actively works with the Party Chiefs to complete project schedules and staking plans, and then assists with downloading all data points for creation of base maps. Project Experience: Ling Yen Mountain Temple Campus Project, Rancho Cucamonga, CA Mr. Hsieh provided surveying services to Ling Yen Mountain Temple for the development of its Master Plan in the community of Etiwanda. The project involved a 135,000 square foot expansion of an existing Buddhist Temple on a 40- acre project in the Community of Etiwanda. Survey work included preparation of a boundary and topographic map for the site. Issues of concern were proximity to an active fault, and location within a wind hazard and fire hazard area. Due to the location of the project site, Mr. Hsieh coordinated with the Rancho Cucamonga Fire Protection District, Cucamonga Valley Water District, San Bernardino County Flood Control, and the City of Rancho Cucamonga during site walks and monument locations. Highway 111 Street Improvements (Madison Street to Rubidoux Street), Indio, CA The Highway 111 Street Improvements project is a street widening program from Madison Street to Rubidoux Street (approximately 8,800 lineal feet) that included survey and design for widening the existing street section from 2 -lanes in each direction to 3-lanes in each direction. As the project is partially funded by Caltrans, all improvements were designed to stay within the current right of way. As the project Field Surveyor, Mr. Hsieh prepared the design survey to augment the aerial topo; located utilities; located points for the air/noise environmental study; verified horizontal and vertical project control; and located monuments and control for tie-out during construction. Terra Lago East and Terra Lago West, Indio, CA As Project Surveyor, Mr. Hsieh’s responsibility includes processing field works, reviewing title report and supporting documents, establishing property boundary and street right of way, designing land plan and preparing tentative maps, tract maps, phasing exhibits, ALTA Survey and easement documents. The project is occupied more than 600-acres master Item 1K-122 Tung Hsieh, P.E., P.L.S. Survey Manager 2 planned community, consisted more than 700 single family residential units, lake and golf course, located in the north of the City of Indio. Alessandro Alley Improvements Projects, Palm Desert, CA The Alessandro Corridor Improvements encompassed the City of Palm Desert’s downtown commercial district, a main thoroughfare through the region. Improvements proposed by the City included ADA accessibility upgrades, reorientation of several carports, updating lighting for parallel alleyway, and demolition of several walls along the street. As Project Surveyor, Mr. Hsieh coordinated preparation of the project’s topographic map and monument preservation. Pavilion, La Quinta, CA As Project Surveyor, Mr. Hsieh’s responsibility includes providing project research for field crew, reviewing title report and supporting documents, establishing property boundary, street right of way and preparing ALTA/ACSM survey and working with title Company and client’s attorney to resolve the boundary discrepancies. The project consists of more than 20 acres for a commercial shopping center. It is located at the northeast corner of Highway 111 and Adam Street. Washington Park; La Quinta, CA As Project Surveyor, Mr. Hsieh’s responsibility includes providing project research for field crew, reviewing title report and supporting documents, establishing property boundary, street right of way and preparing tentative map, parcel map and phasing exhibits. The project consists more than 70 acres for a commercial shopping center on Highway 111 at Washington Avenue. NorthStar, Palm Desert, CA As Project Surveyor, Mr. Hsieh’s responsibility includes processing field works, reviewing title report and supporting documents, establishing property boundary, street right of way and highway right of way and preparing tentative map, tract map, ALTA Survey and easement documents. The project is consisted more than 400 -acres master planned community, consisted golf course, office, retail, hotel and condominium, located in the north of the City of Palm Desert. Pierce Street Sewer Extension Project, Riverside County, CA Mr. Hsieh is the Project Engineer and Surveyor for this important water and sewer infrastructure update located in Mecca. Tasks include preparation of preliminary design survey including site boundary, topographic base map, and right of way research. The project involves construction of a backbone sanitary sewer system consisting of a gravity sewer line in Pierce Street from Avenue 66 to Avenue 70 with spur lines of approximately 2,800 feet on Avenue 69 and approximately 1,500 feet on Avenue 70. The backbone system also includes a sanitary sewer lift station and force main to the collection point in the Coachella Valley Water District’s (CVWD) main facilities at Avenue 66 and the Coachella Valley Storm Drain Channel. Item 1K-123 Bruce Cowan Assistant Survey Manager www.thealtumgroup.com Education: Associate of Arts, Liberal Studies; College of the Desert; Palm Desert, CA, 1992 Certificate, Global Positioning Systems; University of CA, Riverside, CA, 2007 Qualifications: Mr. Cowan is a third generation Coachella Valley native and has been engaged in land development services in the desert since 1985. Mr. Cowan has worked in a technical services capacity during many aspects of land planning, civil design and surveying operations. His non-professional experience ranges from obtaining utility as-built records to the setting of construction surveying points for a 36” pipeline boring operation beneath Highway 86S. His main responsibilities have revolved around the collection of utility as-built information to field excavation of said utilities, performing field survey and CAD mapping of such information. Mr. Cowan has utilized Civil 3D 2017 to create pipe networks with plan and profile design data. Project Experience: Palm Springs Porsche Dealership, Palm Springs, CA Mr. Cowan oversaw preparation of an ALTA and NSPS Survey associated with the development of an automobile dealership on vacant land in the City of Palm Springs. As part of the Record of Survey (ROS), Altum performed a search and analysis of all available land records for use in analysis of field boundary survey results. Parcel corner locations were determined, and durable survey monuments were set at parcel corners. A ROS Map was prepared and filed with the City of Palm Springs and Riverside County Surveyor in compliance with the requirements of the California Professional Land Surveyor Act. Following the ROS, Altum conducted the ALTA/NSPS Land Title Survey showing the parcel lines and plottable easements of record. Washington Street Apartments Construction Staking, La Quinta, CA Mr. Cowan is serving as the survey coordinator for this large construction staking project in Riverside County. This redevelopment project is 11.32 acres consisting of construction of twenty-six new apartments, rehabilitation of seventy- two apartments, construction of proposed common area buildings and a completely renovated site (parking, lighting, landscape, drainage, etc.). He is in charge of managing and monitoring survey services for the entire development and also assisted with the initial design survey for the project. Avenida de Pompeii Construction Staking, Rancho Bernardino, CA Mr. Cowan oversaw the team of surveyors providing construction staking for this project involving a 700 foot private road improvement in northern San Diego County. The project faced many challenges due to the existing flood control waters of the state. In accordance with the County of San Diego and Regional Water Resources Control Board and U.S Army Corps of Engineers, an arch culvert was designed to maintain the flow of existing flood waters and mitigate other environmental impacts. Mission Springs Water District Building Surveying, Desert Hot Springs, CA Mr. Cowan prepared a site boundary and topographic map for this project involving construction of a new management building for Mission Springs Water District. The building will be approximately 15,000 square feet developed on a currently vacant parcel. The site boundary included existing, available monuments and the topography involved setting premarks for a photogrammetrist. Item 1K-124 Bruce Cowan Assistant Survey Manager 2 Ramon 19, Sunniva Development, Construction Staking, Cathedral City, CA Mr. Cowan is the coordinator for survey crews on a large-scale cannabis cultivation building in Riverside County. The project will be largest of it’s kind in the Coachella Valley and includes more than 500,000 square feet of development. Prior to construction, Mr. Cowan oversaw the design survey tasks (site boundary, topographic base map) for the project. North Indio Flood Control Channel, Indio, Riverside County, CA Mr. Cowan performed existing utilities research, prepared a pothole plan, directed “See Below” pothole crew, coordinated with land survey crew, input pothole records into base cad file, calculated horizontal and vertical relocation pipeline alignment data, Prepared Plan and Profile Relocation Plan for (20) CVWD wet utility pipelines impacted by the proposed Storm Channel. He performed Project Coordination between Company, Client and CVWD. Canal Water Delivery Plan, Indian Wells, Riverside County, CA Mr. Cowan assisted with the preparation of civil design drawings and details req uired to construct (2) new Canal Water Delivery Meters along the Mid Valley Pipeline. These underground vaults meet National Electric Code standards and contain equipment to control and report flow to both CVWD and Toscana. CALTRANS Highway 86S - CVWD Utility Relocation Plans, Riverside County, CA Mr. Cowan assisted in the preparation of civil design drawings and details required to relocate (15) CVWD Irrigation Laterals and Drainage Pipelines impacted by the proposed Highway 86S. He also assisted with the preparation of “Cost to Cure Damages Reports” required to appraise damages to on farm facilities impacted by CALTRANS’ proposed Highway 86S. Lower Valley Irrigation Expansion Plans Assessment District 33, Mecca, Riverside County, CA Mr. Cowan prepared civil design drawings required to construct a $2.5 million / 2.5 mile extension of USBR Irrigation Pipeline with appurtenances to 750 acres near Mecca, CA. He provided coordination communication between Engineer, Assessment District Consultant, Surveyor, Contractor and CALTRANS and Assisted Contractor with Boring Permit. Mr. Cowan calculated, uploaded and set - pipeline alignment offset stakes for construction including a boring operation beneath Highway 86S. Surface Mining and Reclamation Act Permit, Blythe, Riverside County, CA Mr. Cowan assisted with the GPS boundary and aerial control survey for 200 acres. He prepared a Grading Plan for the Reclamation of the Site. He calculated earthwork volumes between existing and proposed surfaces using AutoCAD Land Desktop and assisted in the preparation of a Record of Survey Map. Digital Conversion of Facilities Index Maps, Coachella Valley, Riverside County, CA Mr. Cowan performed CAD drafting services required for the conversion of hand drafted Domestic Water and Sanitary Sewer Facilities Index Maps to digital format. He utilized a large format digitizer along with custom AutoCAD routines to create various layers of information including assessor’s parcel information, pipeline sizes, fire hydrant locations and geographic data. Item 1K-125 Anna Choudhuri Environmental Planning Manager www.thealtumgroup.com Education: M.A. Urban and Regional Planning, University of New Orleans, LA M.A., Financial Economics, University of New Orleans, LA B.A. English, St. Xavier’s College, Calcutta, India Associations: Association of Environmental Professionals American Planning Association Appointments: Louisiana Brownfields Association – Board of Directors (2015 - 2018) City of Davis Planning Commission – member (2007-2014); Chair (2010- 2011) City of Davis Innovation Park Task Force – (2009 -2014) Qualifications: Ms. Choudhuri is an experienced project manager with over 19 years of professional experience in the oversight and delivery of environmental projects. Her experience is in project management, grant administration, land development, project analysis, document preparation as well as senior quality assurance & quality control reviews for over 200 different projects in California, New Mexico, Arizona, Washington, and Louisiana, in compliance with CEQA, NEPA, and other relevant State laws and regulations. She was previously responsible for developing and maintaining regional Brownfields assessment and lending programs, for regional air quality/clean fuels initiatives, and for disaster recovery outreach and lending processes through US HUD’s Restore Louisiana Small Business program. As a project manager at Altum, she is responsible for writing and reviewing scopes of work, building internal and external project teams, and coordinating with technical teams, local, state and federal agencies. She oversees Altum’s environmental staff and serves as a technical advisor to key staff in other departments who require assistance with entitlements and environmental clearance. She served as a former Planning Commissioner for the City of Davis, CA, and also prepared and provided technical training at professional conferences including the American Planning Association and the California League of Cities. Project Experience: Transportation Projects State of California High Speed Rail Authority, Fresno to Bakersfield Revised Draft EIR/Supplemental Draft EIS, Peer Reviewer City of Berkeley, 651 Addison Avenue IS/MND, Project Planner City of Elk Grove, Bus Shelter Categorical Exemption, Project Planner City of Los Angeles, Indian Hills Cemetery Improvement Traffic & Noise, CEQA Reviewer City of Rancho Cordova, Rancho Cordova Parkway Interchange EIR/EA, CEQA/NEPA Reviewer City of Tulare, Roadway Improvement Project, Preliminary Environmental Study (PES), Project Manager Parish of Lafourche Transportation Plan, Project Planner (Louisiana) Parish of St Tammany and Council on Aging’s Rural Public Transit System Coordinator (Louisiana) Parish of St Tammany Park-n-Ride Facilities and Siting Manager (Louisiana)r Development Projects City of Boyle Heights Redevelopment, EIR, Project Manager City of Citrus Heights, Sayonara Redevelopment EA, Project Manager Item 1K-126 Anna Choudhuri Environmental Planning Manager 2 City of Eastvale, Eastvale Community Center IS/MND, Senior CEQA Reviewer City of Elk Grove, Lent Ranch EIR Findings of Fact, Project Planner City of Folsom, The Canyons IS/MND, Senior CEQA Reviewer City of Greenfield, 802 El Camino Real, Senior CEQA Reviewer City of Half Moon Bay, 320 Church Street IS/MND, Project Manager City of Long Beach, 5900 Cherry Avenue, Peer Reviewer City of Livingston Blueberry Crossing Tentative Parcel Map IS, Senior CEQA Reviewer City of Petaluma, Davidon Homes EIR, Principal-in-Charge City of Pico Riviera, various redevelopment projects, Peer Reviewer City of Pomona, 811 S White Ave Technical Studies, Senior CEQA Reviewer City of Plymouth Housing Element Update Addendum, Senior CEQA Reviewer City of Sacramento, Panhandle Annexation and Planned Unit Development EIR, Assistant Project Manager – (also under sub-heading of Annexation Projects) City of San Carlos, 665 Prospect Drive IS/MND, Project Manager City of Suisun City, The Salvation Army Suisun City Corps Community Center IS/MND, Project Manager City of Thousand Oaks, 325 Hampshire Blvd EIR, Senior Review County of Butte Housing Authority, Gridley Farm Labor Housing Rehabilitation MND/CE, Senior CEQA/NEPA Reviewer County of Colusa, Adams Group Tentative Subdivision Map IS/MND, Peer Reviewer County of Madera, Gunner Ranch West EIR, Project Manager - (also under sub-heading of Department and Project Management Projects) County of Marin, Spirit Rock Meditation Center Master Plan Amendment IS/MND, Project Manager County of Nevada, Rincon del Rio CCRC EIR, Project Manager County of Placer, Amazing Facts Ministry EIR, Project Manager County of Sutter, Consolidated Housing Authority, Maple Park EA, Project Manager County of Yuba, Bear River EIR, Project Planner Placer County Regional Planning Agency, North Lake Tahoe Preliminary Redevelopment Area Plans EA, Senior NEPA Reviewer – (also under sub-heading of NEPA projects) Port of Ventura, Parcels 20 & 14 Redevelopment EIR, Project Manager (also under subheading for NEPA Projects) Port of Ventura, Maintenance Dredging CE, Project Manager (also under subheading for Development Projects) Port of Ventura, Floating Dock CE, Project Manager Item 1K-127 Heather Boland Associate Planner www.thealtumgroup.com Education: B.S., Urban Ecology, University of Utah, 2021 Qualifications: Heather Boland is an experienced planner with a background in municipal planning, GIS and architectural design. Her professional knowledge stems from her assignments in the public sector at the City of Holladay where she worked the public counter providing insight to the public as well as to City officials. Ms. Boland is also a skilled graphic designer, with experience using the Adobe Creative Suite products to design land use maps, reports, and general graphics. She is also familiar with utilizing GIS to show demographic and land use data through digital mapping. Project Experience: RIOS Project IS/MND, Palm Springs, CA Ms. Boland is preparing the CEQA documentation for a proposed project located within four vacant and undeveloped parcels at 575 North Palm Canyon Drive in the City of Palm Springs . The project proposes the development of 24 condominiums and 2,214 s.f. of commercial space to be used as a yoga studio, spa, and gym within the Project site. Several entitlements are required for the project including a General Plan Amendment to lower the minimum density requirement and a Change of Zone from Central Business District (CBD) and Limited Multiple-Family Residential (R-2) to Retail Business (C-1). The site is undeveloped however it is surrounded by residential uses and is already outfitted with public utilities (roads, sewers, etc) so key issues are limited to biological and cultural resources. DHS 109 Industrial Park IS/MND, Desert Hot Springs, CA Ms. Boland assisted with sections of an Initial Study and Mitigated Negative Declaration for the development of an industrial park consisting of 57 condo lots for industrial development, 4 retention basins, and a private on -site power plant. The proposed project would be constructed in four phases that would total 109 acres a full project built-out. Coachella 20 AC, Coachella, CA Ms. Boland is assisting with the environmental documentation required as part of an entitlement package for a proposed development in the City of Coachella. The proposed project will consist of 110-120 dwelling units on a 20-acre property located along Van Buren Street and east of Calhoun Street. Key issues being examined include biological and cultural resources, air quality/GHG, noise, geology/soils, and traffic, including a VMT analysis. Due to the site’s rural nature, a Phase I Environmental Site Assessment is also being prepared to ensure no hazards are identified onsite. Assistant Planning and Environmental Planning Consultant, City of San Jacinto Ms. Boland provides contract planning services to the City of San Jacinto. Assisting with a backlog of development applications. Keys tasks include: Plan checks for a range of residential, landscape, and mixed-use projects; preparing staff reports, preparing CEQA documents for public review, checking for completeness of formal applications, drafting conditions of approval, and resolutions; and reviewing and commenting on applicant-submitted project related plans, studies, and other documents. Item 1K-128 Heather Boland Associate Planner 2 To date she has provided peer review of three CEQA documents that were submitted to the City with entitlement packages: San Jacinto Bray Tract Map IS/MND, Sunterra TTM IS/MND, and Popeye’s IS/MND. Ms. Boland examined each document for compliance with CEQA requirements and provided a matrix of comments to the developer to address with the technical report preparers. Contract Planning Consultant, Town of Apple Valley Ms. Boland provides contract planning services to the Town of Apple Valley. Assisting with a backlog of development applications. Keys tasks include: Plan checks for a range of residential and landscape plans; preparing staff reports, checking for completeness of formal applications, drafting conditions of approval, and resolutions; and reviewing and commenting on applicant-submitted project related plans, studies, and other documents. Contract Planning Consultant, City of Imperial Beach Ms. Boland performs plan checks on site plans submitted for Site Development Review to the City of Imperial Beach. These applications consist of signage and residential additions or Accessory Dwelling Units. She evaluates architectural changes, color and materials, bulk, scale, and changes in the line of sight. She assures that projects are in compliance with development standards listed in the Municipal Code and any associated specific plans. Item 1K-129 Rich Malacoff, MURP, AICP Principal Planner www.thealtumgroup.com Education: Bachelor of Science, Geography; Florida State University; Tallahassee, Florida; 1984 Master of Urban Planning; Hunter College of The City University of New York; New York City, New York; 1986 Registrations: AICP- Member of the American Institute of Certified Planners (AICP) Associations: Member of the American Planning Association (APA) Qualifications: Mr. Malacoff has over 25 years of experience in land use planning and environmental impact analysis in California and is based out our Palm Desert Office. Mr. Malacoff has a Bachelor’s Degree in Geography from Florida State University and Master’s Degree from Hunter College of the City University of New York. Mr. Malacoff’s first job was with the Planning Department of the City of New York where he worked in the Loft Conversion Unit evaluating requests to change industrial lofts to residential. At the California Department of Transportation he reviewed City Projects for their impact in the State Highway System and for compliance with the California Environmental Quality Act (CEQA). He went on to work for various cities, including Redlands, Cathedral City, and Desert Hot Springs. Mr. Malacoff is a current member of the American Planning Association and has his accreditation by the American Institute of Certified Planners (AICP) and is serving on the Diversity Committee for the American Planning Association’s 2020 Conference. and has received accommodations from the Mayors of Cathedral City and Desert Hot Springs. Project Experience: Two Bunch Palms Specific Plan Amendment and EIR Addendum, Desert Hot Springs, CA Project Manager for a Specific Plan Amendment (SPA) to the development standards for zoning, landscaping, and architectural guidelines, relevant to a proposed RV Park on a 9-acre parcel (2 lots) in Desert Hot Springs. Church at the Red Door Specific Plan and IS/MND, Indio, CA Project Manager for preparation of a Specific Plan and Preliminary Design and Entitlements for the development of a worship center in Indio. The proposed project would be built in two phases with phase one consisting of a new church building and traversing covered outdoor walkway. Phase two consists of a two -story expansion along the eastern face of the church building. Desert Land Ventures Specific Plan EIR, Desert Hot Springs, CA Assisted in the preparation of an EIR for the build-out of 123.4 acres of land known as Desert Land Ventures to incorporate mixed-use development and create a unique industrial/technology park for clean manufacturing and tech-based business with an emphasis on renewable energy and sustainable products, with the potential for destination hospitality and commercial/retail uses. Dutch Bros Coffee Entitlements and IS/MND, Indio, CA Provided Technical Oversight and Client Management for the Entitlement package, including an IS/MND, for an 887 square foot building consisting of a drive-through, patio area, and required parking. Close coordination with the City of Indio was required to ensure all aspects of the entitlement package were complete. Item 1K-130 Rich Malacoff, MURP, AICP Principal Planner 2 Sunniva Cultivation Facility Entitlements, Cathedral City, CA Project Manager for 500,000 square foot cultivation facility which included managing the tasks for the Conditional Use Permit, Mitigated Negative Declaration, and all Public Hearings. This project had concurrent p rocessing which required coordination among many different parties and ensuring all information was accurate. Coachella Green Design Guidelines, Coachella, CA Project Manager for developing Design Guidelines for a large Cannabis Cultivation and Processing Facility. Redlands Sign Code, Redlands, CA Project Manager for Sign Code Update. Managed Community Outreach with Chamber of Commerce and Business Community. Conducted Study Sessions with the Planning Commission and City Council which approved the Revised Ordinance. Implementation measures included working with Code Enforcement on procedure to inform the Business Community of the changes and managing the enforcement program. Redlands Islamic Center, Redlands, CA Project Manager for this place of worship and specific tasks included Community Outreach, Applicant Education on Development Process, and managing the development process from beginning to end. Brookside Plaza, Redlands, CA Project Manager for construction of Neighborhood Shopping Center which included Community Outreach, Plan Check, and preparation of a Mitigated Negative Declaration. Managed Development Process from beginning to end. Update Cathedral City Zoning Code, Cathedral City, CA Revised City’s Zoning Code to remove internal inconsistencies and to make the development process mope business friendly. Staybridge Hotel, Cathedral City, CA Project Manager for this 122 Room Hotel This project was considered controversial by the Community and required many meetings with the public which resulted in changes to the project. Other tasks included managing the Mitigated Negative Declaration, coordinating photo-simulations, working with Acoustics Engineer, providing updates with Investment Team, and managing the entitlement process. Various Positions/Tasks, Inland Empire, CA Project Manager for the following projects for which task included everything from project submittal to issuing Certificates of Occupancy: • Cimarron Cove Housing Tract, Cathedral City • Volkswagen of Palm Springs, Cathedral City • Vista Palm Housing Tract, Desert Hot Springs • Flamingo Resort, Desert Hot Springs Item 1K-131 PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 HERMANN DESIGN GROUPChris, a graduate of Pennsylvania State University, founded Hermann Design Group in Palm Desert, California in 1995. He has designed and overseen the construction of both public and private development projects throughout his career, with over 35 years of experience working in the Coachella Valley. Prior to founding HDG, Chris established the landscape architecture department for CUH2A, one of the nation’s largest multi-disciplinary architecture and engineering firms in 1983. He gained valuable experience working in collaboration with the civil engineering and architectural departments, solving a variety of design challenges. Before becoming a Coachella Valley resident, Chris was a principal at RHA Landscape Architects-Planners, Inc. in Riverside, a firm he had been with for nearly ten years. At RHA, Chris was principal in charge of schools, parks and recreation centers, commercial spaces, master- planned communities, and other public sector work. While recognizing the value of creating an inviting and aesthetically-pleasing environment, Chris prioritizes the conservation of natural resources and founded Hermann Design Group upon the principle of sustainability. In consideration of the environmental impacts of landscape design, he implements sustainable elements and techniques into the design process that maximize resource efficiency. Chris’s extensive experience working with a multitude of municipal clients has demonstrated his keen understanding of budgetary constraints, strict project timelines, and the need for inclusive elements to deliver a product that meets the client’s goals from start to finish. Mr. Hermann demonstrates HDG’s values of transparency and integrity by facilitating effective communication between the client, the consultant, and any applicable stakeholders. CHRIS HERMANN, C.E.O. PRINCIPAL LANDSCAPE ARCHITECT CLARB Certified Landscape Architect #40888 Certified Playground Safety Inspector #41236-0421 CA #2754 / AZ #54352 / NV #1058 / ID #16916 / TX #3588 CERTIFICATIONS AND LICENSING Pennsylvania State University B.S. Landscape Architecture EDUCATIONThermal Community Park Master Plan Thermal, CA Indio, CA Indio Sports Park Master Plan Dr. Carreon Park Hjorth Park Station 87 Dog Park HRPP Grant Park Renovations Mecca Sports Complex Mecca, CA La Quinta, CA SilverRock Venue Site Master Plan Pioneer Dog Park Seasons Dog Park Rancho Mirage Community Park Expansion & Amphitheater Rancho Mirage, CA University Park Palm Desert, CA On-Call Services City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho MirageCity of Moreno ValleyCounty of RiversideREPRESENTATIVE PROJECTSAWARDSAnn Hunter Welborn Circle of Excellence Award for Sustainability San Diego Housing Commission APWA CV Link (with Alta) Station 87 Dog Park SilverRock Venue Site Sunline Operations Transit Center City of La Quinta Wellness Center KEY PERSONNEL Item 1K-132 PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 HERMANN DESIGN GROUPMr. Estrada has steadily assumed positions of greater responsibility and leadership. Starting out as a project designer with RHA Landscape Architects-Planners, Inc. in 1994, he is now principal and vice president of Hermann Design Group, Inc. Jose has been an integral part of Hermann Design Group since 1999, and he heads up our production office in Riverside. He has established a professional aptitude in irrigation and landscape design, and he is able to direct a project at all stages of development. His extensive experience in the preparation of construction documents and field work experience allows for a complete design process from the schematic level to final design. Jose is bilingual, speaking both English and Spanish, making him invaluable in the field. This ability to communicate in the field aids in explaining the design thought process, resulting in a more successful installation. Mr. Estrada’s ability to work independently and his attention to follow-through make him a valuable asset to any project team. Jose has a wide diversity of experience in projects including public works projects, commercial, urban development, golf course development and institutional projects. He is an experienced designer of LEED-certified projects. He has provided design services for a large variety of clients throughout Southern California including the cities of Los Angeles, Perris, Menifee, Riverside, Indio, La Quinta, Palm Desert, Rancho Mirage, and Coachella. JOSE ESTRADA,VP LEAD IRRIGATION DESIGNER EDUCATION Cal Poly Pomona B.S. Landscape Architecture Thermal Community Park Master Plan Thermal, CA Mecca Sports ComplexMecca, CA Legacy Park Moreno Valley, CA CV LinkCoachella Valley SilverRock Venue SiteLa Quinta, CA Rancho Mirage Community Park Expansion & AmphitheaterRancho Mirage, CA Dr. Carreon Park Indio, CA University Park Palm Desert, CA REPRESENTATIVE PROJECTS KEY PERSONNEL Item 1K-133 PALM DESERT OFFICE 760.777.9131 SAN DIEGO OFFICE 619.415.0095 RIVERSIDE OFFICE 951.782.9335 HERMANN DESIGN GROUPOPUS GARZA, ASSOCIATE SENIOR DESIGNER AND DIRECTOR OF CAD OPERATIONS In his tenure at Hermann Design Group, Opus has become a key designer and indispensable leader with project management skills. Opus combines his understanding of plant material, maintenance, horticulture experience, and natural artistic talent with invaluable technical skill. He has comprehensive experience designing streetscapes, parks, and trailheads, in addition to residential/commercial landscapes. Opus is responsible for HDG CAD operations and systems management, providing guidance and mentorship to emerging designers. EDUCATION Cal Poly San Luis Obispo B.S. Landscape Architecture REPRESENTATIVE PROJECTS CV Link Coachella Valley Miles Avenue Park Indio, CA Indio Sports Park Indio, CA Median Improvements Indio, CA South Jackson Park Indio, CA X-Park La Quinta, CA KEY PERSONNEL Item 1K-134 MR. BRETT L. ANDERSON President Principal Engineer EDUCATION M.S. Geotechnical Engineering University of Utah B.S., Civil Engineering Colorado State University REGISTRATION California Civil Engineer RE No. 45389 Arizona Civil Engineer RE No. 25283 ASSOCIATIONS American Society Civil Engineers EMPLOYMENT 1997 to present: Principal Engineer Sladden Engineering 1986 to 1997: Senior Project Engineer Earth Systems Consultants PROFESSIONAL SUMMARY Mr. Anderson has over 30 years of geotechnical experience since receiving his Master of Science in Geotechnical Engineering. This includes valuable design and construction experience on all types of projects including: •Hospitals, •Schools, •Airports, •Bridges, •Large and small land developments, •Waste-water reclamation facilities, and •Various developments for commercial and residential purposes. Mr. Anderson's knowledge and expertise includes "hands on" experience during field exploration operations and extensive construction testing and monitoring experience. PROFESSIONAL RESPONSIBILITIES As Principal Geotechnical Engineer for Sladden Engineering Mr. Anderson: •Authors and reviews geotechnical engineering reports and proposals. •Manages the subsurface exploration operations for these studies. •Initiates laboratory testing. •Performs engineering analysis of laboratory data, and •Provides design parameters for site preparation, foundations and other improvements relevant to the projects. Mr. Anderson also manages the Indio office and Sladden Engineering’s Coachella Valley operations. Item 1K-135 Mr. Eric Phan is the Project Manager of our California office and has been with AeroTech Mapping, Inc. (ATM) since 2013. Eric has been working in the surveying and photogrammetric industries for over 24 years and brings a wealth of knowledge and professional experience to the company. Well versed in all disciplines of surveying and photogrammetry. Eric has successfully managed over 1,500 surveying mapping projects during his distinguished career. His software experience includes: Trimble GPS Equipment and Software, ESRI's ArcGIS/Info, Intergraph’s Microstation Site Works, Autodesk Civil 3D products, UltraCAM Essential AeroT riangulation & Orthophotography, Summit Evolution Softcopy System. Eric is an active member in several professional land surveyors associations, and thereby helps to maintain his proficiencies given the continual advancements in the development of high accuracy analog, analytical, and digital softcopy instrumentation. His vast knowledge gives him a complete understanding of the photogrammetric process and plays an important role in understanding, and implementing successful QA/QC procedures. Experience HACLA Cardinal , KPFF – Los Angeles, CA : Project Manager; The ATM services consisted of the production of 1”=40’, 1 foot topographical information, planimetric detail and digital orthophoto covering the approximate 24 acres located in Los Angeles, California. A 50’ buffer has was included around the site for an approximate total of 29 acres. The photography consisted of 1 flight line and 3 exposures utilizing 4.5cm digital imagery. LA Waterline Replacement , GIS Surveyors – Los Angeles County, CA : Project Manager; The ATM services consisted of the production of 1"=20', 1 contours with full planimetric detail covering the approximate 25,645’ x 100’ alignment located in LA County, CA. The aerial photography consisted of 9 flight lines and 48 exposures utilizing 3.5cm digital imagery. 605 and 5 Freeways , Cabrinha Hearn & Associates – Los Angeles, CA : Project Manager; The ATM services consisted of the production of 1"=40', 1 contours with full planimetric detail covering the approximate 9.5 mile alignments located in Los Angeles, CA. The aerial photography consisted of 6 flight lines and 75 exposures utilizing 3.5cm digital imagery. Eric Phan, PLS, CP –AeroTech Mapping, Inc. Project Manager Arizona Professional Land Surveyor (RLS) #60371 Nevada Professional Land Surveyor (RLS) #22408 New Mexico Professional Land Surveyor (RLS) #22505 2000, Bachelor of Science in Geomatics Engineering, California State University, Fresno 1996, Bachelor of Science in Survey Engineering, California State University, Fresno Certified Photogrammetrist (CP) #1589 APWA, MAPPS, ASPRS With Firm for 9 years; with other firms for 15 years Item 1K-136 Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr. Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012. Mr. Dickerson’s versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air/noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies. Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management. In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules. MD continues to work closely with many engineering disciplines and provides quality results. Mike Dickerson Jr., INCE Principal education affiliations & awards brigham young university b.s., physics (acoustics), 2005 institute of noise control engineers (ince) acoustical society of america (asa) byu acoustic research group association of environmental planners (aep) Sound Solutions for Planning and Design Item 1K-137 representative project experience Architectural Acoustics Assessment/Design • Monterrey Park Residential and Hotel Mixed Use Development, Monterrey Park, CA • 57 Wheeler Mixed Use Development, Arcadia, CA • Melrose Triangle Mixed Use Development, West Hollywood, CA • Britanna at Oyster Point, South San Francisco, CA • Marina City Club, Marina Del Rey, CA • Wells Fargo Corporate Office, Chandler, AZ • Peoria Sports Complex – Seattle Mariners Lobby, Peoria, AZ • Intel Corporation CH5-216/217, Chandler, AZ • Revolt Studio, Hollywood, CA • Mammoth Rock and Bowl, Mammoth Lakes, CA • Rubios Restaurant, San Diego, CA • Americana at Brand, Glendale, CA • 6300 Hollywood Blvd Retail Space, Hollywood, CA • Calvary Church Renovations, Santa Ana, CA Noise and Vibration Assessment • Central Metal Incorporated Reclamation Plant Expansion, Los Angeles, CA • Sonora Commons – North Gateway Transfer Station, Phoenix, AZ • Great Wolf Lodge Development, Garden Grove, CA • SuperStar Car Wash All Locations - Corporate Account • City of San Marcos Noise Element Update, San Marcos, CA Oil and Gas Noise and Vibration Assessment • La Goleta Storage Field Enhancement, Santa Barbara County, CA • Whittier Workman Mill Road Oil Rig Drilling Operation, Los Angeles County, CA • La Goleta Storage Compressor Vibration, Santa Barbara County, CA • Mills Station Excavation Noise and Vibration, Ventura, CA Highway/Airport/Rail Noise and Vibration • Caltrans Yucaipa Bridge Box Culvert Improvement, Yucaipa, CA • Caltrans SR-110 Freeway Expansion, Los Angeles, CA • Jackson Hole Airport Noise Contours and Flight Path Evaluation, Jackson Hole, WY • Light Rail Transit Exposition Blvd to Culver Dr, Los Angeles, CA Item 1K-138 .retrams knihT Care deeply. .duorp kroW Strive higher. P L A N N I N G E N G INE E RIN G S U R VEY E N V I R O N MEN T A L GEOSPATIAL www.thealtumgroup.comhttps://thealtumgroup.com/ Item 1K-139 44-600 Village Court, Suite 100 Palm Desert, CA 92260 760.346.4750 Tel 760.340.0089 Fax www.thealtumgroup.com February 15, 2023 Bertha Cepeda-Escobedo Senior Management Analyst City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 Subject: Fee Proposal to Provide Professional Engineering and Design Services for the ADA Improvements at Cahuilla Hills Park; Project No. 949-23 Dear Ms. Cepeda-Escobedo; The Altum Group is pleased to submit our fee proposal to the City of Palm Desert (City) for professional engineering and design services for the Cahuilla Hills Park ADA Improvements Project. The not-to-exceed cost to complete the design services, including the Plans, Specifications, and Estimates is $136,933. The following spreadsheet breaks down the estimated hours by task and staff and includes costs from our subcontractors and our estimated direct costs for mileage, production of the plan sets, and administrative printing/mailing. Hourly rate sheets for Altum and our subcontractors are included as an appendix. Assumptions and Exclusions The following list of assumptions and exclusions is not intended to be all-inclusive. If there are items that are deemed incorrect or are necessary for the successful completion of the project, please notify us so that we may amend the scope of services and associated fee. Submittal fees, application/permit fees and reimbursables are not included; Prevailing Wage rates apply to field crews on this project; Construction staking is excluded; Right-of-Way Dedication and Acquisition are not included; Installation and preservation of survey monuments is excluded; Structural design (beyond retaining walls), traffic studies/design, and all offsite improvement design are excluded; All plans, reports, exhibits and services not specifically identified herein are excluded. We are excited to support the City of Palm Desert on this project. If you have any questions about our fees, please do not hesitate to contact us at 760-346-4750. Sincerely, James Bazua, PE, QSD/QSP Doug Franklin, PE Chief Engineer Vice President Item 1K-140 Cahuilla Hills Park ADA Improvements City of Palm Desert Principal Director Senior Project Manager Project Manager Assistant Project Manager Senior Associate Associate Assistant Survey Crew Admin $205 $180 $175 $167 $156 $145 $129 $100 $295 $65 Task 1.1 – Kick-off Meeting 2 2 4 650$ 725$ 1,375$ Task 1.2 – Site Visit 2 4 6 940$ 679$ 1,619$ Task 1.3 – Data Collection 2 4 4 10 1,340$ 1,340$ Task 2.1 - Feasibility Analysis 16 32 48 7,520$ 7,520$ Task 2.2 – Stakeholder Engagement 3 6 2 11 1,720$ 1,720$ Task 3.1 – Field Survey, Mapping and Right-of-Way Needs Assessment 0 -$ -$ Subtask 3.1.1 - Topographic and Design Survey 1 7 12 20 4,889$ 2,645$ 7,534$ Subtask 3.1.2 - Utility Research 4 24 28 3,997$ 3,997$ Subtask 3.1.3 - Project Base Map 1 1 12 8 6 28 5,161$ 5,161$ Task 3.2 – Geotechnical Investigation 0 -$ 2,875$ 2,875$ Task 3.3 – Environmental Studies and Documentation 0 -$ -$ Subtask 3.3.1 - NEPA Categorical Exclusion 2 16 36 54 6,760$ 6,760$ Subtask 3.3.2 - Agency Coordination 4 8 12 1,500$ 1,500$ Subtask 3.3.3 - Noticing 6 8 14 1,850$ 1,850$ Subtask 3.3.4 - Response to Comments 8 12 20 2,600$ 2,600$ Task 3.4 – Preliminary Utility Coordination 16 16 2,496$ 2,496$ Task 3.5 – Preliminary Project Alignment Alternatives Analysis 4 8 12 1,860$ 1,860$ Task 3.6 – Design Red Flag Summary 2 2 350$ 350$ Task 3.7 – Project Limits Alternatives Analysis 2 4 6 930$ 930$ Task 3.8 – Preliminary Project Cost Estimate 2 8 12 4 26 3,244$ 3,244$ Task 3.9 – Landscaping Features and Palette 0 -$ 750$ 22,595$ 23,345$ Task 3.10 – Preliminary Hydrology Report 28 28 5,040$ 5,040$ Task 4.1 - Preparation of 35% Design Plans 50 50 9,000$ 50$ 1,409$ 10,459$ Task 4.2 - Preparation of 65% Design Plans 50 50 9,000$ 50$ 1,156$ 10,206$ Task 4.3 - Preparation of 100% Design Plans 40 40 7,200$ 50$ 1,156$ 8,406$ Task 4.4 - Final Plans Submittal 28 28 5,040$ 250$ 1,156$ 6,446$ Bidding Support and Construction Engineering 2 16 4 22 3,870$ 1,254$ 5,124$ Project Management and Coordination 4 40 10 54 8,670$ 4,508$ 13,178$ PROJECT TOTALS 6 283 49 31 16 70 32 68 18 16 589 95,627$ 1,150$ 40,156$ 136,933$ Subtask 3.3.5 - Technical Studies 0 -$ -$ Optional Subtask 1 – Noise Study Report 0 -$ 4,025$ 4,025$ Optional Subtask 2 – AAQ, GHG, and Energy 0 -$ 4,370$ 4,370$ Optional Tasks Total Costs Stage 1 - Data Collection Total Hours Total Labor Direct Costs Sub Costs Stage 2 - Feasibility and Alternatives Analysis Stage 3 - Preliminary Engineering and Environmental Documentation Stage 4 - Final Engineering Stage 5 - Bidding Support and Construction Engineering Project Management and Coordination Item 1K-141 Appendix – Hourly Rate Schedules Ds Item 1K-142 44-600 Village Court, Suite 100 Palm Desert, CA 92260 (760) 346-4750 Tel (760) 340-0089 Fax Staff Member Hourly Rate Principal $205.00 Director $180.00 Senior Project Manager $175.00 Project Manager $167.00 Assistant Project Manager $156.00 Senior Associate $145.00 Associate $129.00 Assistant $100.00 Project Coord/Technician $87.00 Administrative Assistant/Clerical $65.00 Intern $40.00 Utility Location, GIS and Drone Services: Mobilization - 1st Hour $165.00 1-Man Crew - Non Prevailing $100.00 2-Man Crew - Non Prevailing $189.00 1-Man Crew - Prevailing $138.00 2-Man Crew - Prevailing $275.00 Survey Services: Survey Crew - Non Prevailing $245.00 Survey Crew - Prevailing $295.00 Survey Crew Rates: Hourly rates include standard 2-man crew, 1-man robotic crew and 1-man GPS crew. A two-hour minimum applies for all field services. Reimbursables Expenses: Mileage is billed at IRS business rate plus 15% Printing, reproduction, etc. are billed at direct cost plus 15% Altum's Schedule of Hourly Rates is subject to change based on an annual review of the cost of living and employee wage increases. In the event Altum's Schedule of Hourly Rates changes, a corresponding percentage increase shall be applied to all remaining Agreement budgets and such Schedule of Hourly Rates shall apply to subsequent Extra Work. If Consultant works in excess of 8.0 hours in a day or 40.0 hours in a week at Client direction, overtime rates will apply. 2023 SCHEDULE OF HOURLY RATES Item 1K-143 NORMAL HOURLY RATES Hermann Design Group Principal Landscape Architect/Principal Planner $185.00 per hour Landscape Architect $150.00 per hour Project Manager $130.00 per hour Senior Designer $110.00 per hour Designer $100.00 per hour Marketing Coordinator / Admin $90.00 per hour RTM Engineering Principal Electrical Engineer $282.00 per hour Electrical Design Engineering $150.00 per hour Electrical CAD Technician $120.00 per hour Item 1K-144 Sladden Engineering ● Indio ● Beaumont ● Buena Park 2022-Schedule of Fees rev 22.1 45090 Golf Center Parkway, Suite F, Indio, California 92201 (760) 863-0713 6782 Stanton Avenue, Suite C, Buena Park, CA 90621 (714) 523-0952 450 E gan Avenue, Beaumont, CA 92223 (951) 845-7743 Fax (951) 845-8863 www.sladdenengineering.com 2022 SCHEDUL E OF FEES GENERAL SCOPE OF SERVICES Sladden Engineering pr ovides pr ofessional services in the field of soil mec hanics, geology, foundation design and earthwork engineering in accordance with generally accepted practices at the time of service. No warranty, either ex press ed or implied, is granted as a part of the performance of our work. Sladden Engineering does not prov ide services related to construction safety and shall be held harmless from any liability related to safety issues. In the event that the c lient requests termination of work prior to completion, we reserve the right to complete (at the client's e xpens e) any analysis or testing considered necessary to complet e our records and protect our pro fessional reputation. PROFESSIONA L SERVICES Princ ipal E ngineer/G eolog ist ......................................................................... $250.00 per hour Princ ipal Engineer/Geologist (Expert Witness) ............................................. $500.00 per hour Project Engineer/Geologist ........................................................................... $175.00 per hour Staff Engineer/Geologist..................................................................................$150.00 per hour TEST ING A ND INSPECTION SERVICES Soil Technic ian .............................................................................................. $110.00 per hour Senior Soil Technic ian ................................................................................. $120.00 per hour Soil Technic ian – Prev ailin g Wage ............................................................... $130.00 per hour Deputy Grading Inspector .............................................................................. $120.00 per hour Spec ial Ins pection ........................................................................................... $110.00 per hour Spec ial Inspection – Prevailing Wage ........................................................... $130.00 per hour Ad ministration/Secretarial ................................................................................$85.00 per hour Report Preparation ........................................................................................ $100.00 per hour Travel T ime.......................................................................................................$110.00 per hour TEST ING A ND INSPECTION SERVICES (NIGHTS* AND WEEKENDS) Soil Tech nic ian.................................................................................................. $165.00 per hour Soil Technician – Prev ailin g Wage ..................................................................$195.00 per hour Spec ial Inspection ............................................................................................$165.00 per hour Spec ial Ins pection – Prevailing Wag e ............................................................. $195.00 per hour Deputy Grading Inspector ............................................................................. $180.00 per hour Travel T ime .....................................................................................................$165.00 per hour *5:00PM – 7:00AM ** Sunday and Holidays Double Time Minimum Charges: A minimum of two hours will be c harge d for field testing and show up time even if no testing is performed. Reimburs able expenses incurred will be billed at cost plus 15%. Cancellation Charges: A minimum of four hours at the applicable billing rate will b e charged for cancellations received within 12 hours of sc heduled tes ting/inspection. Prices are subj ect to change without notice. Any increase to the Statewide general prevailing wage determination will be added to the above listed prevailing wage rate. Item 1K-145 Sladden Engineering ● Indio ● Beaumont ● Buena Park 2022-Schedule of Fees rev 22.1 LABORATORY TESTING (A STM / CALTRA NS) & FIELD SERVICES Maxim um Dens ity/Optimum Moisture (ASTM 155 7 - Method A) ................... $150.00 per test Maxim um Dens ity/Optimum Moisture (ASTM 155 7 - Method C) ................... $175.00 per test Maxim um Density/Optimum Moisture (California Impact) ............................. $175.00 per test Maxim um Density/Theoretical (Reis Method) ................................................ $125.00 per test Sieve Analys is (witho ut 200 wash) ............................................................... $100.00 per test Sieve Analys is (with 200 wash) ..................................................................... $120.00 per test Expans ion Index (UBC 18-2) ......................................................................... $135.00 per test R-Value Determination .................................................................................... $275.00 per test Sand Equivalent (Average of three) ............................................................... $110.00 per test Liquid Limit ...................................................................................................$75.00 per test Plastic Limit ...................................................................................................$75.00 per test Plasticity Index (Liquid limit & Plastic limit) ................................................... $140.00 per test Direct Shear Test ........................................................................................... $225.00 per test Marshall Max A/C/HVEEM Max ...................................................................... $180.00 per test Soluble Sulfate Content Determination .......................................................$60 .00 per test Resistivity Testing ..........................................................................................$85.00 per test Corrosion Ser ies Det ermin ation ..................................................................... .$160.00 per test Asphalt Extraction Gradation ...........................................................................$185.00 per test Concrete, Grout, Mortar Compression Tests………………………………….$35.00 per test Core and Shotcrete Co mpression Tests ........................................................$35.00 per test Lab Technic ian Sample Preparation ..............................................................$95.00 per hour Excavator with Operator ...................................................................................................... $200.00 per hour Item 1K-146 AEROTECH MAPPING HOURLY RATES # Rev Added Employee Name Position / Classification Exemption Status Billing Rate Per-Diem Y/N Primary Work Location Effective Date Completion Date 1 0 Leo Torres Project Principal Exempt $144.00 Yes Las Vegas, NV 10/1/2019 TBD 2 0 Mike Dauer Project Coordinator Exempt $105.00 Yes Irvine, CA 10/1/2019 TBD 3 0 Eric Phan Project Manager Non-Exempt $120.00 Yes Las Vegas, NV 10/1/2019 TBD 3 0 Eric Phan Project Manager Overtime $150.00 Yes Las Vegas, NV 10/1/2019 TBD 4 0 Teresa Torres Production Manager Non-Exempt $95.00 No Las Vegas, NV 10/1/2019 TBD 4 0 Teresa Torres Production Manager Overtime Rate $118.75 No Las Vegas, NV 10/1/2019 TBD 5 0 Cory Howard AeroTriangulation / Photogrammetrist Non-Exempt $90.00 No Las Vegas, NV 10/1/2019 TBD 5 0 Cory Howard AeroTriangulation / Photogrammetrist Overtime Rate $112.50 No Las Vegas, NV 10/1/2019 TBD 6 0 Jose Lemus CAD Technician / Photogrammetrist Non-Exempt $90.00 No Las Vegas, NV 10/1/2019 TBD 6 0 Jose Lemus CAD Technician / Photogrammetrist Overtime Rate $112.50 No Las Vegas, NV 10/1/2019 TBD 7 0 Isaias Horta Cad Technician / Map Editor Non-Exempt $75.00 No Las Vegas, NV 10/1/2019 TBD 7 0 Isaias Horta Cad Technician / Map Editor Overtime Rate $93.75 No Las Vegas, NV 10/1/2019 TBD 8 0 Lyle Slater Flight Manager Exempt $90.00 No Phoenix, AZ 10/1/2019 TBD 9 0 Tim Burrows CAD / GIS Technician Non-Exempt $85.00 No Phoenix, AZ 10/1/2019 TBD 9 0 Tim Burrows CAD / GIS Technician Overtime Rate $106.25 No Phoenix, AZ 10/1/2019 TBD 10 0 Sonia Hernandez Administration Exempt $55.00 No Las Vegas, NV 10/1/2019 TBD 11 0 Mike Grossman Pilot Exempt $110.00 No Las Vegas, NV 10/1/2019 TBD SECTION II - OWNED EQUIPMENT # Rev Added Description Purpose Hourly Rate Daily Rate Weekly Rate Monthly Rate Unit Rate (if applicable) 1 0 Aircraft .Cessna TU206 N4743X Flight Acquisition $650.00 $4,400.00 NA NA NA 2 0 Camera .Vexcel Falcon Prime Flight Acquisition $280.00 $2,240.00 NA NA NA 3 0 LiDAR Teledyne Sensor Flight Acquisition $2,750.00 NA NA NA NA 4 0 Drone DGI Inspire 2 Flight Acquisition $450.00 NA NA NA NA SECTION I - LABOR APPROVAL DATE APPROVAL DATE Item 1K-147 Exhibit A Billing Rates for MD Acoustics, LLC Compensation for Services The Consultants Billing rates for services are as follows: Position Hourly Rate Principal Consultant $ 220.00 Sr. Acoustical Consultant $ 178.50 Sr. Vibration Consultant $ 178.50 Air Quality Specialist $ 178.50 Consultant $ 155.00 Engineering Technician I $ 119.00 Engineering Aide $ 83.00 Administrative Assistant $ 78.00 Administrative Aide $ 66.00 Clerical Aide $ 60.00 Principal Controls & Vibration Engineer $ 244.00 Senior Scientist Noise & Vibration $ 226.00 Senior Design Engineer $ 161.00 Expert Witness $613.00 Mechanical Packaging Engineer $ 178.50 COMSOL Expert & Modeling $ 416.00 ANSYS Expert & Modeling $ 416.00 Automobile Mileage $ 1.13/mile General (1) Per Diem charges are based on current government rates based on area. (2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased by 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted bi-monthly. Statements are payable Net 15 upon receipt by the client of the statement. Any statement unpaid after ninety (90) days shall be subject to interest at the maximum permitted by law. (5) These rates are valid for 1 year and will increase yearly with the inflation rate per year. Rev. January 1, 2023 Item 1K-148 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Bassam AL-Beitawi, Transportation Manager REQUEST: AWARD A CONTRACT TO ADVANTEC CONSULTING ENGINEERS, INC., OF IRVINE, CA, FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COOK STREET AND MARKET PLACE DRIVE IN THE AMOUNT OF $100,610 (PROJECT NO. 520-22) RECOMMENDATION: 1.Award a contract to ADVANTEC Consulting Engineers, Inc., of Irvine, California, for professional engineering and design services of a new traffic signal at the intersection of Cook Street and Market Place Drive in the amount of $100,610. 2.Authorize the Finance Department to set aside a contingency amount of $10,000 for unforeseen circumstances. 3.Authorize the City Manager to approve contract amendments up to the contingency amount. 4.Authorize the City Manager or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. BACKGROUND/ANALYSIS: As part of the Fiscal Year (FY) 2022-23 Capital Improvement Program, the City of Palm Desert budgeted funds to design a new traffic signal at the intersection of Cook Street and Market Place Drive (Project). The traffic signal will facilitate vehicular ingress and egress to an adjacent shopping center, which also adjoins to the Desert Willow Golf Resort and contiguous uses. The Desert Surf Specific Plan was originally approved via Resolution No. 2019-82 and included an Environmental Impact Report (EIR). As a result of the traffic impact caused by the development, the EIR included mitigation measures that require the project proponent to pay its fair share of the costs of installing a traffic signal at the intersection of Cook Street and Market Place Drive. The fair share amount to the developer is 12.1%, and 87.9% for the City. The scope of work includes: •Preparing timing sheets showing timing parameters that will be programmed into the new signal; and •Identifying any tasks deemed necessary and/or alternates which should be considered for implementation to enhance the traffic signal plan. •Providing design plans, technical specifications, and costs estimates (PS&E) for the purposes of bidding and construction. The City released a Request For Proposal (RFP) for design and engineering services of the Item 1L-1 City of Palm Desert Design of New Traffic Signal at Cook and Market Page 2 of 3 Project through the City’s online public bidding portal (OpenGov) on January 18, 2023, and the proposals were received on February 15, 2023, from eight design firms: Design Firm Location Base Bid Options Total Hartzog & Crabill, Inc. Tustin, CA $27,050 $0 $27,050 AGA Engineers, Inc. Fullerton, CA $36,399 $14,178 $50,577 HR Green, Inc. Cedar Rapids, IA $46,355 $12,000 $58,355 ADVANTEC Consulting Engineers Irvine, CA $47,190 $53,420 $100,610 TKE Engineering, Inc. Riverside, CA $49,800 $14,300 $64,100 TJKM Transportation Consultants Pleasanton, CA $50,150 $0 $50,150 GTS Los Angeles, CA $54,770 $7,390 $62,160 Kimley Horn Indian Wells, CA $64,200 $0 $64,200 A review committee consisting of staff from the Public Works and Capital Improvement Projects departments evaluated the proposals and found that ADVANTEC Consulting Engineers (Consultant) provided the most comprehensive proposal. The evaluation criteria consisted of; clarity and conformance of proposal to the RFP, content of the proposal, including the work plan, company's experience and performance, team member’s experience and performance, comments by reference, and fee proposal. ADVANTEC’S base price was competitive with other proposals at $47,190. The base proposal includes: •Project Management, Coordination, Administration, and Meetings with City Staff •Analysis, Preliminary Engineering, and Design •Engineering Design Plans, Specifications, and Estimates (PS&E) •Technical Specifications / Traffic Signal Timing Sheets •Engineer’s Estimates / Bidding Support / Construction Support The optional services proposal includes: •Survey/Right-of-Way Engineering •ADA Ramp Improvements •Left-Turn Phasing, and Level of Service Analysis, and Review of Signal Warrants •Potholing ADVANTEC’s optional services proposal was comprehensive and covered important services that were not covered by most of the other proposers. These optional services such as the ADA Ramp Improvement design ($19,140), and Potholing ($21,890) are important services, and if included in the design phase, can save the City significant money during the construction phase. For example, best signal design practices have proven that identifying underground utility lines during the design stage can avoid costly change orders, and/or eliminate the possibility of non- constructability during construction. An accurate construction cost of the signal will be included in the design phase, but in general, the construction cost of a new traffic signal at an intersection Item 1L-2 City of Palm Desert Design of New Traffic Signal at Cook and Market Page 3 of 3 that shares similar characteristics as the intersection of Cook Street and Market Place is estimated at $600,000. The Consultant anticipates completion of the Project design by November 2023 and the construction by February 2024; a total of seven (7) months. Staff contacted the consultant’s references to confirm their performance working with other municipalities, and they were all very positive in nature. The Consultant was described as well- known and respected in the field of traffic engineering, conducts timely work, and communicates effectively. FINANCIAL IMPACT: This project is included in the approved Capital Improvement Project (CIP) list for Fiscal Year 2022-23 and the proposed CIP List for FY 2023-24 under Measure A Account No. 2134385- 5000911 and 2344250-4400100; therefore, there is no financial impact to the General Fund. PROJECT FISCAL YEAR ACCOUNT BUDGET CONTRACT AMOUNT Market Place Drive and Cook Street Traffic Signal Improvements 2022-2023 2134385-5000911 $150,000 Design $100,610 Contingency $ 10,000 2023-2024 2134385-5000911 $514,925 Construction 2344250-4400100 $235,075 Total $900,000 $110,610 Balance $789,390 **Current Request REVIEWED BY: Department Director: Martin Alvarez Finance Director: Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Professional Services Agreement a.Exhibit A b.Exhibit B c.Exhibit C 2.Proposal 3.Location Map Item 1L-3 Contract No. ____________ CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 25th 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 ADVANTEC Consulting Engineers, Inc., a corporation, with its principal place of business at 1200 Roosevelt, Irvine, CA 92620 ("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 Engineering and Design Services for a New Traffic Signal at the Intersection of Cook Street and Market Place Drive (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 25, 2023, to March 25, 2024. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their Item 1L-4 Contract No. ____________ 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: Carlos Ortiz, Project Director. 3.2.5 City's Representative. The City hereby designates Bassam AL- Beitawi, Transportation 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 Carlos Ortiz, Project Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant Item 1L-5 Contract No. ____________ 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. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law Item 1L-6 Contract No. ____________ 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. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the 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 1L-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. 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 Item 1L-8 Contract No. ____________ primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. Item 1L-9 Contract No. ____________ (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of Item 1L-10 Contract No. ____________ the laws, regulations, and policies of this Section. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred thousand six hundred ten dollars ($100,610) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies 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, Item 1L-11 Contract No. ____________ installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Accounting Records. 3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance 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 Item 1L-12 Contract No. ____________ funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: ADVANTEC Consulting Engineers, Inc. 1200 Roosevelt Irvine, CA 92620 ATTN: Carlos Ortiz, Project Director City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Bassam AL-Beitawi, Transportation 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. 3.6.3 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. Item 1L-13 Contract No. ____________ 3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. 3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.6.3.4 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent 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 Item 1L-14 Contract No. ____________ expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. 3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers, or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 3.6.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 3.6.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 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 1L-15 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. 3.6.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Item 1L-16 Contract No. ____________ 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 1L-17 Contract No. ____________ SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND ADVANTEC CONSULTING ENGINEERS, 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 ADVANTEC CONSULTING ENGINEERS, INC. By: Its: Printed Name: By: Its: Printed Name: QC: _____ Insurance: _____ Initial Review _____ Final Approval Item 1L-18 Contract No. ____________ Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES See following page. Item 1L-19 Page 1 of 4 PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR NEW TRAFFIC SIGNAL AT THE INTERSECTION OF COOK STREET AND MARKET PLACE SCOPE OF WORK A. Project Description and Background The City of Palm Desert Department of Public Works is seeking proposals from qualified professional engineering consultants (Consultants) to prepare plans, specifications, and estimates (PS&E) for a new traffic signal at the intersection of Cook Street and Market Place. The following are objectives of the project as generally described: 1. The Consultant shall provide design plans, technical specifications, and cost estimates (PS&E) for the purpose of contract bidding and construction of a new traffic signal. 2. The Consultant shall prepare timing sheets showing timing parameters that will be programmed into the new signal. 3. The Consultant shall identify any tasks that are deemed necessary and/or alternates which should be considered for implementation to enhance the traffic signal plan. B. Scope of Work The project scope, tasks, and services requested shall include, but not limited to those items listed below. If the consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant’s proposal. The requirements described in this section are neither limited nor comprehensive in nature but are the minimum necessary to meet the City’s objectives. The specific methodology by which the work will be accomplished shall be presented in the proposal. The Consultant is expected to expand on this scope in their proposal by incorporating specific areas of expertise and any other tasks required for the project. The Consultant’s proposal may include additional work, shown separately in the fee proposal as alternate options, if in the Consultant’s opinion such requirements are reasonable and necessary to meet the intent of the RFP. The successful Consultant shall, at minimum, provide all instruments, equipment, tools, personnel, and supervision required to provide the engineering design services to perform the following or make provisions as described: A. Perform evaluation of existing field conditions of project location. B. Verify any existing or future project that would impact the design of the traffic signal, this includes verifying any potential work proposed by the Coachella Valley Association of Governments (CVAG), as part of the CV Sync Phase II Project. Item 1L-20 Page 2 of 4 C. Obtain necessary documents to be utilized for the development of existing conditions from the City of Palm Desert, and the County of Riverside, if needed. D. Perform utility coordination, identify points of connections, and obtain clearance from utility companies. E. Identify potential right-of-way impacts on appropriate preliminary geometric layout plans and prepare Right-Of-Way Data Sheets, if needed. F. Prepare project plans, specifications, and engineer’s estimate (PS&E) of probable construction cost. These plans shall conform to current CA MUTCD standards and to include, but are not limited to Title Sheet, Traffic Signal Plan, Signing and Striping plans, Roadway Plan and Profile (if needed), and all necessary construction details. G. Prepare Project Specifications, Bid Documents, and Estimates which will include the detailed project description, preparation of bid schedule, bid item description, bid schedule, payment methods, special provisions, technical specifications, and any specifications detail sheets or standard plans. H. Prepare timing sheets showing timing coordinates to be implemented with the new signal. Timing sheets should be coordinated with CVAG CV Sync. Phase II proposed timing along Cook Street corridor. I. Project Coordination will include an appropriate number of meetings with City staff, and other impacted stakeholders, such as business owners, and nearby HOA’s. J. The Consultant may be required to attend a City Council meeting. K. The Consultant will be expected to attend the pre-bid meeting and will respond to contractor requests for clarification during the bid process. The Consultant will also be required to respond to requests for information (RFI) and provide clarification of questions related to its plans during the construction phase. C. Deliverables The successful proposer shall provide: 1. Cover Letter The Cover letter shall be addressed to Mr. Martin Alverez, Director of Public Works, and at minimum, must contain the following: a. Identification of firm, including name, address, and telephone number. b. California Secretary of State Entity Number. c. Name, title, address, and telephone number of contact person during period of proposal evaluation. Item 1L-21 Page 3 of 4 d. Statement to the effect that the proposal shall remain valid for a period of not less than120 calendar days from the date of submittal. e. Signature of a person authorized to bind the firm to the terms of the proposal. 2. Scope of Work / Methodology Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The methodology should include: a. Provide a project timeline, including all deliverables, designed to meet the requirements of the City, as well as scheduling and control methodology that will be used to ensure the schedule will be met. The timeline should include key milestone dates and a detailed description of key project steps. b. Detailed description of the specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. c. Provide a detailed description and/or examples of your quality control procedures that ensures all work products delivered to the City (i.e., drafts and final versions) are of high-quality, accurate and have been thoroughly reviewed prior to delivery to the City. d. Demonstrate the ability to organize the proposed work as needed. D. Project Development Process 1. Pre-Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1st Review - Concept Review and Right of Way impacts. (2) 2nd Review – Easement Documents (if needed). (3) 3rd Review - 85-90% Check Plans & Specs (4) 4th Review - 100% Check Plans, Specs, & Engineer's Estimate (5) 5th Review - Preliminary Final (screen check) B. Staff approved PS&E may be submitted to the City Council for approval. 3. Bidding Phase Item 1L-22 Page 4 of 4 The consultant will be expected to provide assistance in preparing the necessary documents for bid. Technical support during the bidding and award process will also be required. 3. Construction Phase The consultant will provide assistance during the construction phase. This assistance will include responding to RFI’s and responding to contractor requests for clarification. E. Schedule Provide an estimate of the time from Notice to Proceed with key milestone dates, including City review time, required to accomplish each task. The City desires to have the project design completed within 6 months from NTP. Item 1L-23 Contract No. ____________ Exhibit “B” EXHIBIT "B" SCHEDULE OF SERVICES See following page. Item 1L-24 Item 1L-25 Contract No. ____________ Exhibit “C” EXHIBIT "C" COMPENSATION See following page. Item 1L-26 Item 1L-27 Item 1L-28 Item 1L-29 Item 1L-30 Item 1L-31 Item 1L-32 Item 1L-33 Item 1L-34 Item 1L-35 Item 1L-36 Item 1L-37 Item 1L-38 Item 1L-39 Item 1L-40 Item 1L-41 Item 1L-42 Item 1L-43 Item 1L-44 Item 1L-45 Item 1L-46 Item 1L-47 Item 1L-48 Item 1L-49 Item 1L-50 Item 1L-51 Item 1L-52 Item 1L-53 Item 1L-54 Item 1L-55 Item 1L-56 Item 1L-57 Item 1L-58 Item 1L-59 Item 1L-60 Item 1L-61 Item 1L-62 Item 1L-63 Item 1L-64 Item 1L-65 Item 1L-66 Item 1L-67 Item 1L-68 Item 1L-69 Item 1L-70 Item 1L-71 Item 1L-72 Item 1L-73 Item 1L-74 Item 1L-75 Item 1L-76 Item 1L-77 Item 1L-78 Item 1L-79 Item 1L-80 Item 1L-81 Item 1L-82 Attachment C Location Map Proposed Traffic Signal Country Club Dr. C o o k S t. Market Place Dr. Item 1L-83 [This page has intentionally been left blank.] CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Eric Ceja, Director of Economic Development Vanessa Mager, Management Analyst REQUEST: REQUEST FOR DIRECTION REGARDING RECOMMENDATIONS CONTAINED IN THE 2023 BROKER’S REPORT RECOMMENDATION: 1. Receive and File the 2023 Commercial Broker’s Report. 2. Provide City staff direction to: a. Initiate necessary Zoning Ordinance Amendment (ZOA) to implement the recommendations contained in the 2023 Commercial Broker’s Report to add a new land use category for golf cart retail sales, remove certain land uses from requiring a Conditional Use Permit (CUP), and to add a “non-conforming” clause to office uses in the Downtown Edge Transition Overlay (DE-O). b. Initiate a Zoning Ordinance Amendment (ZOA) to require a Conditional Use Permit for self- storage facilities within the Service Industrial Zoning District. BACKGROUND/ANALYSIS: In 2021, the Economic Development Department presented the 2021 Commercial Broker’s Report to the City Council (2021 report). The report identified existing constraints and barriers local brokers were encountering in the City of Palm Desert (“City”). While commercial/retail space was performing well, leasing initiatives had slowed down due to limited availability and zoning hurdles which impeded the process. This report found that potential tenants and property owners were extremely hesitant to go through any City discretionary entitlement process, such as Architectural Review Commission or Planning Commission; however, brokers were satisfied with the overall development process and the availability of City staff. Based on this information, staff suggested procedural improvements that benefited the brokers in their ability to lease and sell locations in Palm Desert. These improvements included: • Proposed zoning changes. • Clearer descriptive definitions for zoning categories. • Creating a zoning ordinance review and identifying specific land use to create a reduction in City processing. Thus, the City Council approved changes to the zoning ordinance by identifying desirable land uses and removing the CUP requirements in lieu of Administrative Use Permits (AUP). The 2021 report also aided in building relationships with the brokers, and created a partnership that has continued to be mutually beneficial to the City, brokers, and to Palm Desert as a whole. With the success of the 2021 report, the Economic Development Department decided to continue to initiate a broker’s report every two (2) years. Item 2A-1 The 2023 Broker’s Report found that: • Palm Desert is still the preferred location for businesses to move to, however; retail space is limited, and industrial inventory is near zero. • New commercial construction is needed, but with the extremely high labor costs, and limited land availability, new construction is not set to take place. • The City’s DE-O continues to pose challenges to fill, as the current zoning does not allow for certain types of office use. • Brokers also shared that they are having to turn deals away for fast food and casual dining in Palm Desert, due to the drive-thru ban currently in place. To resolve some of the issues staff is recommending that land use definitions be reviewed, and specific land use categories be expanded to include and anticipate new forthcoming businesses. Adoption of a “non-conforming” clause for existing office buildings in the DE-O will allow office use to continue locating in existing buildings. The current DE-O does not allow office-use and does not account for existing office buildings within this zone such as the office building at the intersection of Alessandro Drive and San Pascual Avenue. Drive-thru uses continue to be sought after by developers and commercial brokers are unable to fulfill these requests due to the City’s prohibition on such uses along the Highway 111 corridor. At its meeting on June 24, 2021, the City Council discussed the issue and voted 3-2 to maintain the current prohibition and agreed to wait at least two (2) years before they reconsidered the issue. In addition to the report, and in consultation with the Development Services Department, staff is recommending that a CUP be required for self-storage, as there is limited, vacant service industrial land available to support higher-employment light-industrial and office uses. Recently, the City of Indio took a similar position and placed a moratorium on new self-storage uses in their City. Request for Direction: Staff is requesting direction from the City Council related to the recommendations contained in the 2023 Commercial Broker’s Report including: 1. Initiate a ZOA to: a. Review land use definitions and expand specific land use categories including auto retail and medical. b. Adopting a “non-conforming” clause to the existing office buildings in the DE-O to allow existing office buildings to utilize “office professional” use standards. c. Restrict new self-storage facilities by requiring applicants to observe the CUP. FINANCIAL IMPACT: There is no fiscal impact related to staff’s recommendation. REVIEWED BY: Department Director: Eric Ceja Finance Director: Veronica Chavez Item 2A-2 Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 2023 Commercial Broker’s Report Item 2A-3 [This page has intentionally been left blank.] Item 2A-4 Economic DevelopmentCommercialBroker's Report 2023 Item 2A-5 Introduce City staff and recent organizational changes at City Hall. Allow staff to better understand current market conditions: “What trends are you seeing?” Understand specific opportunities and challenges in property transactions and leases. Allows for discussion, “How can the City help your efforts in leasing/sales?” As a follow-up to the 2021 Commercial Broker's Report, the City’s Economic Development team has once again met with several commercial brokers active in Palm Desert and the Coachella Valley. The intent of these meetings was multifaceted: The report below highlights feedback and themes provided by the participating firms. In addition, the Economic Development team is providing specific recommendations for implementation in the coming months. Commercial Brokers Engaged Baxley Properties: Matthew Longstreth Coldwell Banker: Steven Lyle Johnson Commercial: Matt Johnson Lee & Associates: Shawna Strange & Maggie Montes NAI Capital: Lynn Coker and Nancy Portolesi Smoketree Investments: Josef Jonathan The Firm: Adam Gilbert Wilson and Meade: Noel Ramos & Matt Rifkin Item 2A-6 Demand for big box (25,000 sq.+) retail is high, however, inventory in Palm Desert is low. Industrial real estate inventory is near zero, with no new industrial space under development. Currently, new commercial construction costs are extremely high due to labor costs, thus, new industrial or commercial inventory are not being proposed. Commercial/retail space is performing well. Leasing vacant space is slow and there is limited to no space available. Demand for warehouse space to support existing businesses is needed, but not available. Less than 1% vacancy on industrial properties. Storage is a hot product right now, however, there is limited space to develop. Lease rates across all sectors continue to rise. With rents on the rise, small businesses are starting to be priced out. Office rents are at an all-time high, averaging around $1.50 - $1.75 per square foot. Pre-Covid costs were about .85¢ per square foot. Office requests near the freeway are on the rise. Turnover is low. El Paseo continues to have steady lease opportunities and limited availability. Industrial prices are as high as office rents, at about $1.30 per square foot. Consistent Themes 1. 2. 3. Sales and leasing 1. 2. 3. 4. 5. 6. 7. Office 1. 2. Retail 1. 2. Industrial 1. Item 2A-7 2.Potential tenants are extremely hesitant to go through any City discretionary entitlement process. Insights 1.Businesses want to locate in Palm Desert because of its central location; however, finding space is problematic and zoning hurdles impede this process. 3.Property owners are also hesitant to go through any City discretionary processes related to architectural design for building façade updates. 4.Las Sambras Shopping Center has challenges for leases due to unique zoning Planned Commerical 4 (PC4). 5.The City’s façade enhancement program is not being utilized, as most buildings which would benefit from an enhancement are outdated and out of ADA compliance. Thus making any updates to the building would trigger ADA regulations and prevailing wages making construction twice as expensive 6.New fast-food/casual dining is seeking drive-thru options with the City; however, the City's ban on drive-thrus has forced brokers to turn deals away. 7.Downtown Edge Transition Overlay - (DE-O) continues to pose challenges to fill, as the current zoning does not allow for certain types of office use. 8.Concerns with the Architectural Review Commission (ARC) process, as projects can be held up for months due to minor changes that the ARC requests. Item 2A-8 Staff Recommendations Based on the feedback provided, staff is recommending a few changes to the City’s Zoning Ordinance and other process improvements that will assist in the opening of businesses within the City. 1. Zoning Downtown Edge Transition Overly (DE-O) Adding a “non-conforming” clause to the existing office buildings in the DE-O. Currently, these buildings have higher vacancy rates due to the inability to conform to the City’s zoning restrictions. A zoning amendment to allow existing office buildings to utilize “office professional” use standards would help to fill these vacancies. Requires: Zoning Ordinance Amendment (ZOA) and approval by the Planning Commission and City Council. Downtown Update of land uses and its definitions. Allowing for greater flexibility of auto retail and medical use. Requires: ZOA and approval by the Planning Commission and City Council. Item 2A-9 2.Discretionary Entitlement Process Restrict new self-storage facilities by requiring applicants to observe the Conditional Use Permit (CUP). Requires: ZOA and approval by the Planning Commission and City Council. Currently, projects are being held up for months due to the Commission’s comments/recommendations, as projects cannot move forward to the Planning Commission until ARC approveal. Brokers are asking that projects continue to move forward if ARC comments are based on landscaping or cosmetic concerns. Comments will be addressed prior to the project commencing. Currently, the City of Palm Springs has adopted this type of procedure which has helped to move projects along. Requires: Internal policy changes are already in the works, including the development of specific design standards. 3.ARC Process 4. Increase Communication between Brokers and the City The desire to continue to strengthen the relationship between Brokers and the City has sparked the concept to create a quarterly newsletter which will allow the City to notify Brokers of any zoning or procedural changes at City Hall. This will allow both parties to ensure the best customer service and most accurate information is provided to potential businesses seeking to call Palm Desert home. Requires: In the works! Staff will develop a quarterly newsletter on various City and zoning topics to keep the Broker community better informed of City policies. Item 2A-10 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Anthony J. Mejia, City Clerk William Priest, Attorney, Best, Best & Krieger REQUEST: REQUEST FOR DIRECTION REGARDING DISTRICTING OPTIONS RECOMMENDATION: Provide direction regarding districting options. BACKGROUND: On September 18, 2017, the City of Palm Desert (City) received a letter alleging that the City’s at-large election system for City Council members violated the California Voting Rights Act (CVRA). The letter claimed that there was evidence of Latino “racially polarized voting” in the Palm Desert electorate whereby Latino minority voters were unable to elect the candidates of their preference or to influence an election due to the White majority in the electorate. The letter threatened litigation if the City did not adopt a by-district election system. Based upon information provided to the City by consultants at the time, the City did not respond to the allegations and took no further action. On June 5, 2019, plaintiffs Lorraine Salas and Karina Quintanilla, represented by attorney Kevin Shenkman and other legal counsel, filed a lawsuit against the City alleging a violation of the CVRA based on the City’s continued use of an at-large election system. While the City did not believe that its at-large election system violated the CVRA, due to the low threshold of proof required by the CVRA, the unanimously unsuccessful efforts by California cities to defend against such lawsuits to date, and the considerable cost of defending such lawsuits, the City decided to settle the case with Mr. Shenkman and his clients. On December 12, 2019, the City and the plaintiffs announced a settlement of the lawsuit, which was reduced to writing in two documents – a settlement agreement and stipulated judgment approved by the Court. The principal elements of the agreement/judgment are as follows: •A two-district election system was approved as outlined in the Court-approved electoral district map. District 1 would represent the “Civic Center District” (approximately 20% of the City’s total population) and elect one member to the City Council. District 2 (the “Outer District”) would represent the remainder of the City (approximately 80% of the City’s total population) and elect the other four members to the City Council. •The City is prohibited for 10 years from conducting any further at-large elections except as set forth above. However, this shall not preclude the Council from adopting a five single-member district electoral system in accordance with applicable law. Item 2B-1 City of Palm Desert Study Session: Districting Options Page 2 of 12 •The City will implement ranked choice voting (RCV) for City Council elections at the November 2020 General Municipal Election or the earliest practicable election date. •Following the release of data from each Decennial Census, the City would evaluate District 1’s population. If its population is less than 18.4% or more than 21.6% of the City’s total population, the City will be required to “redistrict” – to redraw District 1’s boundaries for future elections to bring its population within this range. Any redrawing of boundaries must be in conformity with applicable federal and state law. Notwithstanding the above, any redrawing of District 1 boundaries shall further the purposes of the CVRA with minimal changes to District 1’s boundaries. •The City would pay the plaintiffs’ attorneys’ fees, costs and expenses per the settlement agreement. The City ultimately paid $555,125.99 to settle the litigation. •The Court shall retain jurisdiction to enforce the settlement agreement and stipulated judgment for ten years. In early 2020, the City followed the public hearing, outreach and input procedure set forth in AB 350 and, pursuant to the legal authority in Government Code sections 34871 and 34886, ultimately adopted Ordinance No. 1356 on May 14, 2020, approving a two-district electoral map that transitioned the City from an entirely at-large system and which established RCV. At the November 2020 General Municipal Election, the City elected one Councilmember from District 1 and two Councilmembers from District 2. The City was unable to conduct RCV at that time due to timing and logistics issues caused by the COVID-19 pandemic. In early 2022, the City reviewed the data from the 2020 United States Census and determined that District 1 was “underpopulated” – containing only 18.1% of the City’s total population within its boundaries. Therefore, the City was required to “redistrict” – to redraw the boundaries of both Districts to keep District 1’s population within the 18.4% – 21.6% range per the settlement agreement and stipulated judgment. The City followed the public hearing, outreach and input procedure set forth in the California Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act and ultimately adopted Ordinance No. 1380 on March 24, 2022, approving the adjusted boundaries as set forth in what was termed “Map 3C”. At that November 2022 General Municipal Election, the City elected two more Council members from District 2 using the recently adjusted boundaries and also held its first election by RCV. At that same election, a majority of City voters approved Measure B – a non-binding advisory measure asking whether the City should divide District 2 into four smaller single-member districts, for a total of five electoral districts in the City. Following the election, the City Council established an Ad Hoc Subcommittee (Subcommittee) consisting of Councilmember Harnik and Mayor Pro Tem Quintanilla to assess the effects of Measure B and to recommend options for the City Council to consider to that end. Item 2B-2 City of Palm Desert Study Session: Districting Options Page 3 of 12 On February 10, 2023, the Subcommittee met and requested staff research the following options and to present the results to the full City Council: •Demographic analysis on Advisory Measure B •Analysis on Ranked Choice Voting •Evaluation of other demographers, specifically Paul Mitchell/Redistricting Partners •Potential Districting Milestone Schedule •Three (3) single member districts and two (2) members elected at-large •Four (4) single member districts with an at-large mayor •Five (5) single member districts Advisory Measure B Analysis (UPDATE) The City’s demographer has completed the analysis on Advisory Measure B. Please see Attachment 1 for a detailed report on Advisory Measure B. Yes No Percent Yes Citywide 9,829 8,633 53.24% District 1 1,135 829 57.79% District 2 8,694 7,804 52.70% Ranked Choice Voting Analysis The cities of Albany, Eureka, and Palm Desert were slated to use RCV for the first time in the November 2022 Election, however, the City of Eureka only had two candidates per race, so RCV was not used in these elections. For comparison purposes, included are the election results for the City of Berkeley which has used RCV since 2010. City of Albany Registered Voters: 11,832 Voters Casting Ballots: 8,133 Voter Turnout: 68.74% Ballots Cast (City Election): 7,159 Blanks: 875 / 12.22% Overvotes: 109 / 1.52% City of Berkeley, District 1 Registered Voters: 10,435 Voters Casting Ballots: 7,224 Voter Turnout: 69.23% Ballots Cast (City Election): 6,625 Blanks: 538 / 8.12% Overvotes/Suspended: 61 / 0.92% City of Palm Desert Registered Voters: 27,655 Voters Casting Ballots: 17,857 Voter Turnout: 64.57% Ballots Cast (City Election): 16,177 Blanks: 1,324 / 8.18% Overvotes: 381 / 2.36% City of Berkeley, District 8 Registered Voters: 9,142 Voters Casting Ballots: 6,097 Voter Turnout: 66.69% Ballots Cast (City Election): 5,176 Blanks: 863 / 16.67% Overvotes/Suspended: 58 / 1.12% Item 2B-3 City of Palm Desert Study Session: Districting Options Page 4 of 12 Blanks Palm Desert voters did comparatively well to Albany & Berkeley, with 8% of voters skipping the Palm Desert election versus: •12% skipping the Albany Election •8% skipping the Berkeley D1 Election •17% skipping the Berkeley D8 Election Overvotes Palm Desert did worse in comparison to Albany & Berkeley, with 2.23% of voters overvoting versus: •1.52% overvoting in the Albany Election •0.92% overvoting in the Berkeley D1 Election •1.12% overvoting in the Berkeley D8 Election Future Action Based on the finding that Palm Desert voters overvoted at a higher rate, City staff will focus more attention on educating the community about marking the ballot correctly and how to avoid overvoting for the November 2024 Election. Demographer Options In 2017, National Demographic Corporation (NDC) was selected to serve as the City’s demographer to develop the two-district system map. Following the 2020 Census, the Election Services Division of Best, Best, & Krieger was selected for redistricting purposes. In response to Advisory Measure B and the City Council’s direction, the City Manager authorized an agreement with NDC for preliminary demographer services to assist the City Council. The subcommittee requested staff evaluate other demographer services for City Council consideration, specifically Paul Mitchell/Redistricting Partners. a.National Demographic Corporation: NDC was founded in 1979 and based in Glendale, CA. NDC is headed by Doug Johnson, Ph.D., and prides itself on being neutral technicians. NDC’s client list consists of over 200 client jurisdictions including special districts, school districts, cities, and counties. NDC has never drawn maps for any political party or partisan elected official. b.Redistricting Partner: Redistricting Partners is headed by Paul Mitchell, a data consultant based in Sacramento. Paul Mitchell has conducted redistricting for more than 75 states, cities, school districts, and college districts and serves as Vice President of Political Data, Inc. (PDI). In February 2021, PDI issued a press release announcing it will offer services exclusively to democratic candidates, progressive organizations, and non-partisan campaigns. Redistricting Partners are the redistricting consultants to various democratic groups as noted in these articles from the Washington Post and Politico. c.Redistricting Insights: Redistricting Insights is headed by Matt Rexroad, Chief Legal Counsel, and Fabian Valdez Jr., Chief Demographer. Mr. Rexroad and Mr. Valdez also operate Meridian Pacific, Inc., a Republican political campaign consulting firm. Mr. Valdez previously served as the Data Director for the California Republican Party. Item 2B-4 City of Palm Desert Study Session: Districting Options Page 5 of 12 d.Bear Demographics & Research: Founded in 2021, Bear Demographics and Research is headed by Andrew Westall with David Ely, of Compass Demographics, serving as Technical Director. David Ely is the demographer for Attorney Kevin Shenkman. e.Best, Best, & Krieger: The City utilized the Election Services Division of Best, Best & Krieger for the 2020 Redistricting process. While BBK successfully completed the process, BBK does not have an in-house demographer resulting in a lack of control in the process. Recommendation: 1) Based on their nonpartisan and neutral stance, staff recommends selecting National Demographic Corporation to serve as the City’s demographer; and 2) Staff will return to the City Council to award a contract with a recommendation to find it is in the best interest of the City to make an exception to the purchasing policy for demographer services (PDMC 3.30.160[I]). Potential Districting Milestone Schedule If the City Council pursues districting, under the FAIR MAPS Act, the City must hold at least four public hearings to allow input regarding the composition of the City Council districts. These hearings must include: •At least one public hearing before maps are drawn. •At least two public hearings after maps are drawn. •At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday Monday – Friday. If a public hearing is consolidated with a regular or special meeting of the City Council that includes other substantive agenda items, the public hearing must begin at a fixed time, regardless of its order on the agenda. The time of the public hearing must be noticed to the public. If the City Council intends to move forward with a mid-cycle redistricting prior to the November 2024 Election, below are recommended milestone deadlines: a)By July 2023: City Council decides on the number of districts and awards contract for demographer services. b)August 2023: Staff presents a detailed community outreach plan for City Council feedback. c)September to January 2024: Community Outreach/Public Hearings/Map Adoption d)February 2024: Transmittal of Final Map to the Registrar of Voters e)July 15, 2024: Nomination Period Begins Item 2B-5 City of Palm Desert Study Session: Districting Options Page 6 of 12 Redistricting Options Below are the rules and goals for redistricting as established by the Federal Voting Rights Act (FVRA) and the California Voting Rights Act (CVRA): 1. Federal Laws Equal Population Federal Voting Rights Act No Racial Gerrymandering 3. Other Traditional Redistricting Principles Respect voters’ choice / Avoid unnecessary pairing of incumbents Future Population Growth 2. California Criteria (in priority order): a. Geographically contiguous b. Minimize division of neighborhoods and “communities of interest” (Socio- economic geographic areas that should be kept together) c. Easily identifiable boundaries d. Compact (Do not bypass one group of people to get to a more distant group of people) Prohibited: “Shall not favor or discriminate against a political party.” FAIR MAPS Act Prohibits Displaying Maps Prior to Public Hearings The FAIR MAPS Act prohibits the release of potential maps prior to the public hearing process. Therefore, staff will review the demographic information corresponding to the options for redistricting. Three (3) Single Member Districts with Two (2) Members Elected At-Large This is not a legally viable option as the CVRA states any electoral system which combines at- large and by-district seats is still an “at-large” system, except as provided in Government Code section 34886 which allows the City to transition to a “by district with an elective mayor”. Four (4) Single Member Districts with an At-Large Mayor & Five (5) Single Member Districts In the demographer’s preliminary best efforts, below are the demographic results for maintaining the highest level of Latino Citizen Voting Age Population (CVAP) in District 1: D1 Latino CVAP D1 NH White CVAP Existing 44.81% 47.85% Four Districts 39.93% 52.70% Five Districts 44.81% 47.85% Legal Analysis - Four Single Member Districts with an At-Large Mayor This option is inconsistent with the current stipulated judgment, Advisory Measure B, and probably applicable law. Section (e) of the stipulated judgment does not authorize an adjustment to a “4+1” format. Only a five-district option is contemplated. Therefore, this adjustment would require an amendment to the stipulated judgment. The City would have to renegotiate the settlement with Mr. Shenkman and his clients and the Court would have to approve an amended judgment. It is unknown at this point whether such an agreement could be reached and, for the reasons below, it is unlikely. Item 2B-6 City of Palm Desert Study Session: Districting Options Page 7 of 12 A “4+1” option is technically allowed under Government Code section 34886 which allows the City to transition to a “by district with an elective mayor” format without holding an election. However, the change must be in furtherance of the purposes of the CVRA. According to the preliminary demographic data provided by NDC, the “4+1” option does not appear to be in furtherance of the CVRA’s purposes. This option reduces Latino CVAP population in District 1 and increases White CVAP to a majority in District 1, resulting in dilution of Latino voting strength. Therefore, Government Code 34886 likely cannot be used to adopt a “4+1” option without an election. Legal Analysis - Five Single Member Districts This option is most consistent with the stipulated judgment, Advisory Measure B, and applicable law. As noted above, a mid-cycle adjustment to a five-district option is already authorized by section (e) of the stipulated judgment, which “shall not preclude the Council from choosing to adopt a five-single-member district map in accordance with law.” There would be no need to renegotiate the settlement agreement with Mr. Shenkman or to amend the stipulated judgment to secure this authority. However, as noted below, it may be prudent to seek an amended judgment to strictly comply with section 21625. A five-district option is also consistent with Government Code section 34886 which allows the City to transition to an entirely by-district election system without holding an election, provided the change is in furtherance of the purposes of the CVRA. According to the preliminary demographic data provided by NDC, the “Five Single Member Districts” option subdivides District 2 into four single-member districts and leaves District 1 unaltered - Latino Citizen Voting Age Population (CVAP) remains at 44.81% and White CVAP remains at 47.85%. We believe that this adjustment would be in furtherance of the CVRA’s purposes because Latino CVAP voting strength is not further diluted by White CVAP. It also complies with the settlement/stipulated judgment by making “minimal changes to boundaries of the Civic Center District.” Legal Analysis – Does the California FAIR MAPS Act permit the City to adjust district boundaries between each census? The City transitioned from an entirely at-large to a two-district election system in 2020 and “redistricted” those two districts in 2022 with data from the most recent United States Census. Further, section (b)(4) of the stipulated judgment requires that “[A]ny redrawing of boundaries must be in conformity with applicable federal and state law." Under these circumstances, the FAIR MAPS Act may prohibit the City from again adjusting district boundaries until the 2030 Census. Elections Code section 21625, which specifically applies to charter cities, states as follows: Item 2B-7 City of Palm Desert Study Session: Districting Options Page 8 of 12 “(a) After redistricting or districting pursuant to section 21621 or 21623, a council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: (1) A court orders the council to redistrict. (2) The council is settling a legal claim that its council district boundaries violate the United States Constitution, the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or this article. (3) The boundaries of the city change by the addition of territory pursuant to section 21623 or by the subtraction of territory. (b) This section does not prohibit a council from adopting council districts between federal decennial censuses if the council is adopting council districts for the first time, including when a city adopts council districts for the purpose of transitioning from electing its council members in at-large elections to elections by districts or from districts. (c) This section does not apply to a charter city that has adopted different rules for mid- cycle redistricting in its city charter.” The City is not considering a change to districts pursuant to a court order (although that could be an option – see below). It is also not settling a pending legal claim to its two-district system, or annexing/detaching territory. Nor does exception (b) appear to apply. The City already established districts in 2020 and has redistricted once in 2022. Therefore, this would not be the City’s “first time” adopting districts. The City could argue that District 2 remains, for all practical purposes, as an at-large system for four Council seats. The CVRA defines an “at large” election system to include “one that combines at-large elections with district-based elections.” Therefore, the argument would be that City is transitioning from what is still an “at-large” system to elections by districts. That said, this is an untested argument and, if challenged, we cannot guarantee that a court would accept it. Lastly, there is exception (c) for a charter city that “has adopted different rules for mid-cycle redistricting in its city charter.” However, the City’s Charter does not contain any rules regarding electoral districts, let alone language authorizing mid-cycle redistricting. Any amendment to the Charter to include such authorization would require majority voter approval at either the next Statewide Primary Election (March 2024) or the Statewide General Election (November 2024). One could argue that a charter city may authorize mid-cycle redistricting in its Municipal Code. As a Code amendment and not a Charter amendment, no election would be required. It is well established that a charter city has the Constitutional authority to exercise “home rule” over its municipal affairs by adopting ordinances that conflict with State law. “Home rule” over municipal affairs need not be exclusively exercised in the charter. Item 2B-8 City of Palm Desert Study Session: Districting Options Page 9 of 12 However, there are two vulnerabilities to this argument. First, while regulation of local elections is generally considered to be a “municipal affair” there is a stronger argument that the FAIR MAPS Act addresses a “matter of statewide concern” and, therefore, preempts any conflicting ordinance adopted by a charter city. While the FAIR MAPS Act does not explicitly use the words “a matter of statewide concern”, Elections Code sections 21620 through 21630 are expressly written to apply to charter cities and to no other types of local government. Separate provisions within the FAIR MAPS Act govern general law cities, counties, and special districts. This shows a clear expression to preempt local law. This appears consistent with the intent of the FAIR MAPS Act which is intended to “standardize redistricting procedures and requirements for counties and cities.” Secondly, the authorization to adopt local mid-cycle redistricting rules only in a city charter (and not also in its code) does not appear to be inadvertence or a drafting oversight. For example, the Act authorizes a charter city to adopt different local redistricting map-drawing criteria “in its city charter”. Likewise, when a charter city fails to adopt a map by the applicable deadline, the Act generally requires that a petition be filed with the court to judicially adopt a final map. However, a charter city is allowed to set a different method to resolve the matter “in its city charter”. In contrast, the Act authorizes a charter city to set a different deadline to adopt a redistricting map “by ordinance or in its city charter.” Likewise, if a charter city expands its boundaries through annexation or consolidation, the Act generally prescribes how that new territory is to be included in the city’s existing electoral districts. However, the Act also allows a charter city to adopt different local standards “by ordinance or in its city charter”. Overall, it appears that the Legislature has clearly delineated which local redistricting rules a charter city may change by ordinance, and which may only be changed through a charter amendment. In the case of mid-cycle redistricting, the FAIR MAPS Act requires a charter city to authorize such action by city charter amendment and not by ordinance. Therefore, the FAIR MAPS Act indicates that an election in 2024 will be necessary to amend the City Charter in order to authorize mid-cycle redistricting. Authorization by ordinance alone would be vulnerable to legal challenge for violating section 21625 of the FAIR MAPS Act. That said, the stipulated judgment allows for mid-cycle redistricting to five single-member districts during its 10-year term. Therefore, to this limited extent, Mr. Shenkman and the Court have already agreed that this form of mid-cycle redistricting is permissible. Thereby eliminating one significant avenue of a Section 21625 challenge. However, it is also uncertain whether this authority to mid-cycle redistrict would constitute a “court ordering the Council to redistrict”. At this point, the City is only considering options. It can continue to operate under a two-district system with RCV and is not currently under a court order requiring it to redistrict to form more districts. Therefore, if the City intends to invoke the “court order” exemption under subsection 21625(a)(1), it would be prudent to seek an amendment to the stipulated judgment that specifically addresses this issue. This would require negotiation with Mr. Shenkman and his clients. Item 2B-9 City of Palm Desert Study Session: Districting Options Page 10 of 12 Legal Conclusion Overall, absent a court order or charter amendment, it does not appear that the City may mid-cycle, redistrict under the FAIR MAPS Act and thereby adjust its electoral system from the current two district to a multi-district format. However, if Mr. Shenkman and his clients are agreeable to a change, the risk of legal challenge is significantly reduced. Assuming that Palm Desert voters approve a charter amendment or the City secures a court order, the “Five Single Member District” option proposed by NDC would be fully compliant with the settlement agreement/stipulated judgment, Government Code 34886 and Advisory Measure B. The “4+1” option is not compliant with the agreement/judgment and would require renegotiation with Mr. Shenkman and approval from the Court. However, it is unlikely this would succeed due to potential Latino vote dilution. Lastly, while federal and state law do not require the City to continue using RCV, elimination of RCV would require a renegotiation of the agreement/judgment to authorize its elimination. Ranked Choice Voting Methodology (NEW) At the April 27, 2023, City Council Study Session, the City Council requested staff to research alternative methods for tabulating surplus votes under multi-winner RCV. Staff consulted with the RCV Resource Center and found one alternative method called “whole ballot transfers”. Whole ballot transfers: Where a sample of whole votes equal to the number of votes in excess of the threshold, each counting for one vote, transfers to a different candidate, instead of counting for the candidate with a surplus. Whole ballot transfers are currently used in Cambridge, MA, elections. Whole ballot transfers are disfavored because they are not guaranteed to proportionally distribute a candidate’s surplus to the other candidates ranked on each voter’s ballot (since only some ballots are redistributed, and these may not be a representative sample). Additionally, there is no software-based option permitted/certified in California to conduct a RCV election using this type of surplus transfer. Next Steps The City Council is requested to provide direction regarding the following questions: 1.Should Palm Desert be divided into smaller districts? Options include: a.Maintaining the existing two (2) district system, b.Four (4) single member districts with an at-large mayor, or c.Five (5) single member districts. Item 2B-10Item 2B 10 City of Palm Desert Study Session: Districting Options Page 11 of 12 2.If Palm Desert should be divided into smaller districts, what is the preferred path forward for mid-cycle districting? a.Rely on the existing judgment as authority to transition to five districts, b.Seek a Charter Amendment to allow mid-cycle districting, or c.Seek an amended judgment/court order to authorize mid-cycle districting. 3.Should the City of Palm Desert retain or seek elimination of Ranked Choice Voting? 4.Which vender should be selected to serve as the City’s demographer? a.Staff Recommendation: National Demographics Corporation FINANCIAL IMPACT (UPDATE): At the April 27, 2023, City Council Study Session, the City Council requested detailed information regarding the attorneys’ fees associated with the original settlement/stipulated judgment. Below is a summary of the amounts paid to all payees. Payee Description Amount Nielson Merksamer City Legal Services 202,456.67 Best, Best & Krieger City Legal Services 20,202.40 Tripepi Smith Civic Engagement Consultant 109,800.00 Shenkman, et al. Plaintiff's Attorney (Settlement) 555,125.99 National Demographics Corporation Demographer/Maps 47,900.00 TOTAL $ 935,485.06 To help assess the potential costs associated with any future attempt to negotiate with Attorney Shenkman and his clients, below is a breakdown of the hourly rates and number of hours worked as submitted to the court in the original action. Attorney Hourly Rate Hours Morris Baller $945 25.0 Kevin Shenkman $815 224.2 Mary R. Hughes $740 189.7 John L. Jones II $740 31.5 Andrea Alarcon $615 42.5 In addition to the hourly rate, the court awarded Shenkman, et al., a lodestar of 1.2. The lodestar amount reflects the reasonable hourly rate times the reasonable number of hours incurred, which is then adjusted through the application of a “multiplier” based on various factors. Despite the City arguing that the City’s counsel drafted and filed virtually all the documents submitted by the parties in this action, as well as amendments to the settlement agreement and stipulated judgment. The court found that the “Plaintiffs’ counsel’s activities are within the bounds of discretion, keeping in mind that Palm Desert’s counsel are as good as it gets in representing their client in hammering out a solution to the litigation… Plaintiffs could do no less than to bring their A+ game to the litigation.” Item 2B-11Item 2B 11 City of Palm Desert Study Session: Districting Options Page 12 of 12 It can be expected that Attorney Shenkman will require any amendment to the settlement agreement/stipulated judgment include a provision which requires the City to pay for reasonable attorney’s fees and expenses. It is not possible to estimate the number of hours Attorney Shenkman might claim in relation to any future amendments. Ranked Choice Voting It should be noted that the implementation of RCV will also carry ongoing additional cost to future elections. For instance, the November 2022 General Municipal Election would have cost approximately $97,000; however, the implementation of RCV ballot tabulation software cost an additional $150,000, for a total of $247,000. The City also incurred costs related to educating the community about RCV in the amount of $86,530, bringing the total cost of the 2022 election to approximately $333,530. As the only agency using RCV in Riverside County, it is incumbent upon the City to pay for its full cost. As such, the City will be required to reimburse the County of Riverside $75,000 per year to maintain the software license, even if there is no municipal election. The City will also be required to coordinate and pay for all efforts to educate the community regarding the use of RCV. REVIEWED BY: City Clerk: Anthony J. Mejia City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Demographer’s Analysis on Advisory Measure B 2.PowerPoint Presentation Item 2B-12Item 2B 12 Item 2B-13Item 2B 13 Item 2B-14Item 2B 14 Item 2B-15Item 2B 15 Districting Options City of Palm Desert May 25, 2023 Item 2B-16Item 2B 16 City Council Subcommittee Three (3) single member districts and two (2) members elected at-large/citywide (Not Legally Viable) Four (4) single member districts + at-large mayor Five (5) single member districts Demographic analysis on Advisory Measure B Analysis on Ranked Choice Voting Evaluation of other demographers, specifically Paul Mitchell December 15, 2022: Mayor Pro Tem Quintanilla and Councilmember Harnik appointed to an ad hoc subcommittee. February 10, 2023: Subcommittee met and requested staff research the following options: Item 2B-17Item 2B 17 (New Slide) Item 2B-18Item 2B 18 (New Slide) Item 2B-19Item 2B 19 (New Slide) Item 2B-20Item 2B 20 Registered Voters:11,832 Voters Casting Ballots:8,133 Voter Turnout:68.74% Ballots Cast (City Election):7,159 Blanks:875 / 12.22% Overvotes:109 / 1.52% Ranked Choice Voting City of Palm DesertCity of Albany Registered Voters:27,655 Voters Casting Ballots:17,857 Voter Turnout:64.57% Ballots Cast (City Election):16,177 Blanks:1,324 / 8.18% Overvotes:381 / 2.36% Item 2B-21Item 2B 21 Registered Voters:10,435 Voters Casting Ballots:7,224 Voter Turnout:69.23% Ballots Cast (City Election):6,625 Blanks:538 / 8.12% Overvotes/Suspended:61 / 0.92% Ranked Choice Voting City of Berkeley, D8City of Berkeley, D1 Registered Voters:9,142 Voters Casting Ballots:6,097 Voter Turnout:66.69% Ballots Cast (City Election):5,176 Blanks:863 / 16.67% Overvotes/Suspended:58 / 1.12% Item 2B-22Item 2B 22 Ranked Choice Voting Findings Blanks 12% skipping the Albany Election 8% skipping the Berkeley D1 Election 17% skipping the Berkeley D8 Election Palm Desert voters did comparatively well to Albany & Berkeley, with 8% of voters skipping the Palm Desert election versus: Overvotes 1.52% overvoting in the Albany Election 0.92% overvoting in the Berkeley D1 Election 1.12% overvoting in the Berkeley D8 Election Palm Desert did worse in comparison to Albany & Berkeley, with 2.23% of voters overvoting versus: Future Action: Based on the findings, City staff will focus more attention on educating the community about marking the ballot correctly and how to avoid overvoting. Item 2B-23Item 2B 23 Ranked Choice Voting Methodology At the 04/27/2023 Study Session, the City Council inquired whether there are any alternative methods for tabulating surplus votes under multi-winner RCV. One alternative method was found: Whole Ballot Transfer Used in Cambridge, MA "Where a sample of whole votes equal to the number of votes in excess of the threshold, each counting for one vote, transfers to a different candidate, instead of counting for the candidate with a surplus." Whole ballot transfers are disfavored because they are not guaranteed to proportionally distribute a candidate's surplus to the other candidates ranked on each voter's ballot. No certified software option available in CA. Item 2B-24Item 2B 24 Demographer Options National Demographics Corporation Redistricting Partners Founded in 1979, based in Glendale, CA Headed by Doug Johnson, Ph.D. Prides itself on being neutral technicians Over 200 client jurisdictions Never drawn maps for a political party Founded 10+ years ago, based in Sacramento, CA Headed by Paul Mitchell (also VP of Political Data, Inc.) Over 75 client jurisdictions Paul Mitchell is described as a redistricting consultant/strategist to various democratic groups (Washington Post/Politico) Item 2B-25Item 2B 25 Demographer Options Redistricting Insights Bear Demographics & Research Founded in 2015, based in Woodland, CA Headed by Matt Rexroad & Fabian Valdez, Jr. Rexroad and Valdez also operate Meridan Pacific, a Republican political consulting firm Valdez previously served as the data director for the California Republican Party Founded in 2021, based in Los Angeles, CA Headed by Andrew Westall & David Ely, of Compass Demographics David Ely is the demographer for Attorney Kevin Shenkman Item 2B-26Item 2B 26 Demographer Options Best, Best, & Krieger - Election Division Recommendation The City utilized BBK Election Division Services for the 2020 Redistricting process. While BBK successfully completed the process, they do not have an in-house demographer resulting in a lack of control over the process. Based on their nonpartisan and neutral stance, staff recommends selecting National Demographics Corporation to serve as the City's demographer. Staff will return to City Council for award of contract with a recommendation to find it is in the best interest of the City to make an exception to the purchasing policy for demographer services (PDMC 3.30.160[I]) Item 2B-27Item 2B 27 Potential Districting Milestone Schedule August 2023: Staff presents a detailed community outreach plan September to January 2024: Community Outreach/Public Hearings/Map Adoption February 2024: Transmittal of Final Map to Registrar of Voters July 15, 2024: Nomination Period Opens By July 2023: City Council provides direction on the # of districts and awards contract for demographer services Item 2B-28Item 2B 28 1. Federal Laws Equal Population Federal Voting Rights Act No Racial Gerrymandering 2. California Criteria (in priority order): 1. Geographically contiguous 2. Minimize division of neighborhoods and "communities of interest" (Socio- economic geographic areas that should be kept together) 3. Easily identifiable boundaries 4. Compact (Do not bypass one group of people to get to a more distant group of people) Prohibited: "Shall not favor or discriminate against a political party." 1. Federal Laws 3. Other Traditional Redistricting Principles Respect voters' choice / avoid unnecessary pairing of incumbents Future Population Growth Redistricting: Rules and Goals Source: NDC Item 2B-29Item 2B 29 Redistricting Options FAIR MAPS ACT Options Researched: The FAIR Maps act prohibits the release of potential maps prior to the public hearing process. Therefore, staff will review the demographic information corresponding to the number of districts. Four (4) single member districts + at-large mayor Five (5) single member districts Item 2B-30Item 2B 30 Redistricting Options In the demographer's preliminary best efforts, below are demographic results for maintaining the highest level of Latino CVAP in District 1: Options D1 Latino CVAP D1 NH White CVAP Existing 44.81%47.85% Four Districts 39.93%52.70% Five Districts 44.81%47.85% Item 2B-31Item 2B 31 First-Time Districting Court Order Charter Amendment A council may adopt districts between federal censuses if adopting districts for the first time A court orders the council to redistrict A charter city has adopted different rules for mid-cycle redistricting in the charter Legal Analysis Under the FAIR Maps Act, a City is prohibited from adjusting district boundaries until the 2030 Census, except under the following circumstances: Item 2B-32Item 2B 32 Mid-Cycle Redistricting: Charter Amendment EC 21625(c): Provides an exception for a Charter City that "has adopted different rules for mid-cycle redistricting in its City Charter." Palm Desert's Charter does not contain any rules regarding electoral districts or mid-cycle redistricting. Any amendment to the Charter would require majority vote at the next Statewide Primary Election (March 2024) or Statewide General Election (November 2024). Authorization by ordinance alone would be vulnerable to legal challenge for violating Section 21625 of the FAIR Maps Act. Item 2B-33Item 2B 33 Mid-Cycle Redistricting: Court Order The existing settlement agreement and stipulated judgment contemplated allowing for mid-cycle redistricting to five single member districts during its 10-year term. To this limited extent, Attorney Shenkman and the Court have already agreed this form of mid-cycle redistricting is permissible. If the City intends to invoke the "court order" exemption under EC 21625, it would be prudent to seek an amendment to the stipulated judgment that specifically addresses this issue. This would require negotiation with Attorney Shenkman and his clients. This process would eliminate one significant avenue of a Section 21625 challenge. Item 2B-34Item 2B 34 Legal Analysis: Four Single Member Districts+At-Large Mayor Four Single Member Districts + At-Large Mayor Inconsistent with the stipulated judgment, Advisory Measure B, and probably applicable law. Stipulated Judgment: does not authorize an adjustment to a "4+1" format. Only a five- district option is contemplated. A "4+1" option is technically allowed under GC 34886 which allows the City to transition to a "by district with an elective mayor" format without holding an election, when in furtherance of the purposes of the CVRA. The demographer's preliminary best efforts could not identify a 4+1 configuration that does not result in diluting Latino CVAP in District 1. Therefore, this option does not appear to be in furtherance of the purposes of the CVRA. The City would have to renegotiate with Attorney Shenkman and his clients and the Court would have to approve an amended judgment. Item 2B-35Item 2B 35 Legal Analysis: Five Single Member Districts Five Single Member Districts Consistent with the stipulated judgment, Advisory Measure B, and applicable law. Stipulated Judgment: calls for "minimal changes to boundaries of the Civic Center District." A five-district option is consistent with GC 34886, which allows a city to transition to by-district election system without holding an election, provided the changes are in furtherance of the purposes of the CVRA. Absent a court order (via an amended judgment) there is risk of a third party legal challenge to mid-cycle redistricting under EC Section 21625. Item 2B-36Item 2B 36 Legal Analysis: Conclusion Absent a court order or charter amendment, it does not appear the City may mid-cycle redistrict under the FAIR Maps Act. However, if Attorney Shenkman and his clients are agreeable to a change, the risk of legal challenge is reduced. A five single member district option would be fully compliant with the settlement/ stipulated judgment, Government Code 34886, and Advisory Measure B. Federal and state law does not require the City to continue using Ranked Choice Voting (RCV), however, elimination of RCV would require renegotiation of the settlement/judgment to authorize its elimination. Item 2B-37Item 2B 37 Attorney Hourly Rate Hours Morris Baller $945 25.0 Kevin Shenkman $815 224.2 Mary R. Hughes $740 189.7 John L. Jones $740 31.5 Andrea Alarcon $615 42.5 Plaintiff's Attorney Fees In 2021, the Plaintiff's attorney fees were awarded in the following amounts: (New Slide) Lodestar: x1.2 Total amount awarded: $555,125.99 Item 2B-38Item 2B 38 RCV Ongoing Expenses Typical Election Expenses: $97,000 RCV Software Implementation: $150,000 RCV Community Education: $86,530 Total: $333,530 $75,000 per year to maintain software license (including non-election years) $TBD for ongoing RCV community education The 11/2022 General Municipal Election expenses: Ongoing Expenses: (New Slide) Item 2B-39Item 2B 39 Conclusion Maintain Existing Two (2) District System Four (4) Districts + At-Large Mayor Five (5) Districts Rely on existing judgment as authority to go to 5 districts; or Seek a Charter Amendment to allow mid-cycle districting; or Seek an amended judgment/court order If PD should be divided into smaller districts, what is the path forward: Retain or seek elimination of Ranked Choice Voting? Demographer Selection Recommendation: National Demographic Corporation Should Palm Desert be divided into smaller districts? What is the preferred path forward for mid-cycle districting? Ranked Choice Voting Demographer Selection Item 2B-40Item 40 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: May 25, 2023 PREPARED BY: Anthony J. Mejia, City Clerk REQUEST: REQUEST FOR OUT-OF-STATE TRAVEL FOR MAYOR PRO TEM QUINTANILLA TO ATTEND THE NALEO 40TH ANNUAL CONFERENCE JULY 11-13, 2023, IN NEW YORK, NEW YORK RECOMMENDATION: Provide direction to staff whether to amend the draft Annual Budget for Fiscal Year 2023/24 to include funding for an out-of-state travel request for Mayor Pro Tem Quintanilla to attend the National Association of Latino Elected and Appointed Officials (NALEO) 40th Annual Conference to be held on July 11-13, 2023, in New York, New York. BACKGROUND/ANALYSIS: On March 9, 2023, the City Council considered a request for authorization for out-of-state travel for Mayor Pro Tem Quintanilla to attend the NALEO 40th Annual Conference in New York, NY. The City Council requested a City Council Subcommittee, consisting of Mayor Kelly and Councilmember Harnik, to review the travel policy for best practices. On March 31, 2023, the City Council Subcommittee met with staff to review the current travel policy. Staff collected and reviewed travel policies from nine (9) other cities and found that most policies require City Council approval for out of state travel and similarly classify the following as eligible for travel and expense reimbursement: •Meetings with government and business leaders; •Conferences, training and educational trips on behalf of the City, including visiting other governments to discuss and observe best practices; •Lobbying trips, when a benefit to the City can be defined, such must be reported to the State quarterly; •Business-related trips where a benefit to the City can be defined. The City Council Subcommittee did not find a need to revise the travel policy. Instead, the Subcommittee recommended the use of an Out of State Travel Request Form to enhance public transparency and to provide the City Council with supporting information on the proposed conference/event and the benefits to the City. Given that new requests for out of state travel are rare, these requests should be considered extraordinary and listed on the City Council action calendar. The City Council approved these recommendations at its meeting on April 13, 2023. Mayor Pro Tem Quintanilla has submitted the Out of State Travel Request Form for the NALEO 40th Annual Conference to be held in July 2023. Mayor Pro Tem Quintanilla has indicated on the form that this is a recurring request to attend the conference on an annual basis. Item 2C-1 City of Palm Desert Out of State Travel Request – NALEO Conference Page 2 of 2 FINANCIAL IMPACT: Registration 700 (Waived) Flight 646.40 Hotel 1,248.82 Per Diem 276.50 Total Expenses: $2,171.72 Staff received confirmation that registration fees would be paid by NALEO should this request be approved. Remaining expenses will be included in Account No. 1104110-4312000, pending budget approval for Fiscal Year 2023/2024. REVIEWED BY: City Clerk: Anthony Mejia Finance Director: John Ramont for Veronica Chavez Assistant City Manager: Chris Escobedo City Manager: Todd Hileman ATTACHMENTS: 1.Out of State Travel Request Form – NALEO Conference a.Conference Program b.Attendee Testimonials 2.Palm Desert Travel Policy Item 2C-2 Use of Travel Form approved by City Council on 04/13/2023 City Council Out of State Travel Request Form Councilmember(s): _Karina Quintanilla_____________________________________________________ Conference Name:__NALEO 40th Annual Conference___________________________________________ Conference Host:___National Association of Elected and Appointed Officials (NALEO) Education Fund___ Travel Dates: ______Travel: July 10-13, 2023; Conference: July 11-13, 2023_________________________ Location: _________New York, NY_________________________________________________________ Is the conference/event pertinent to local government business? Yes ☒ No ☐ Is a similar conference/event available in California? Yes ☐ No ☒ Is the conference/event non-partisan: Yes ☒ No ☐ Is this a one-time or recurring request? One-Time ☐ Recurring Frequency:_Annually______ Conference/Event Description: NALEO Education Fund promotes civic engagement and education on the process to become US Citizens through webinars and virtual policy institutes from topics such as emergency response management for local leaders and sustaining school districts in financial crisis. Collaboration with elected and appointed officials across the nation. This conference facilitates conversations and discussions on best practices for municipal, regional, state and federal officials, as well as elected and appointed officials that serve on various boards that manage public funds, such as school boards, water boards, transportation boards and more. NALEO is a nonpartisan organization. Benefit to the City of Palm Desert: Attending NALEO’s 2023 Conference will enhance knowledge of best practices to increase engaging Latino residents and voters, which will benefit the City of Palm Desert. As the City moves forward with major projects such as a potential ballot measure to increase sales taxes, regional parks, and redistricting. The last presentation on the plans for the regional park planned for North Palm Desert indicated that there was very low participation with Latino residents, not proportional with the resident population. Various testimonials are available from officials elected in states across the country from school boards to State Senators to law enforcement officials. Additional Information: NALEO offers a unique opportunity that is not offered in Riverside County or the State of California. The conference sessions and networking present the opportunity to engage with cities that share a variety of commonalities such as climate changes, economic growth, population size, demographics and enhance information by providing innovative ideas and bringing them back to Palm Desert. Registration Cost: __$700 (Waived via opportunity raffle, Feb. 2023)________________________ Airline Cost (estimate): __$646.40_________________________________________________________ Hotel Cost (estimate): __$1,248.82_______________________________________________________ Funding Available: Yes ☐ No ☒ Acct. No: _If approved, funds to be included in FY 2023/24 Budget___ Is additional funding needed: Yes ☒ No ☐ Funding Source:__General Fund_____________________ Please attach the event program or agenda Item 2C-3 About Agenda Fees Hotel COVID-19 FAQ Contact Us About Us JULY 11–13, 2023 NEW YORK CITY The Conference is now of�cially SOLD OUT. To ensure we are able to offer all current registrants the best and safest experience possible, we will no longer accept new registrations and will not be offering on-site registration or day passes for this year’s event. AGENDA Search for sessions... Viewing in Eastern Time Adjust Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 1 of 12 5/17/2023, 10:32 AMItem 2C-4 July 10, 2023 July 11, 2023 Conference Registration: Early Check-In 2:00 PM-5:00 PM ET 6th Floor, Registration Desk Breakfast & Opening Gavel Ceremony 9:00 AM-10:00 AM ET NALEO and NALEO Educational Fund leaders will be joined by of�cials from the New York City area to welcome participants to the NALEO 40th Annual Conference for the �rst time in the Big Apple! NALEO Service Project 10:00 AM-12:00 PM ET Every year, the NALEO Annual Conference partners with a local nonpro�t organization through our Service Project to give back to the community in the Conference’s host city. In this work, NALEO Educational Fund, Conference participants, and corporate and community partners work to ensure a meaningful impact on the local Latino community. COVID-19, Students, and Families 10:30 AM-11:30 AM ET Concurrent Breakout Session The COVID-19 pandemic caused major disruptions in the lives of every adult and child across the country, in many cases exacerbating existing behavioral and mental health challenges many students face. As education governing boards work to develop environments that promote academic success for students, schools, and colleges must identifyeffective ways to assist struggling families. In this session, participants will gain an understanding of the Adverse Childhood Experiences (ACES) framework Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 2 of 12 5/17/2023, 10:32 AMItem 2C-5 and its relation to a lifetime of opportunity and discuss best practices to allow students to reengage in the learning process. The Nuts and Bolts of Budgets: Counties and Municipalities 10:30 AM-11:30 AM ET Concurrent Breakout Session One of the essential responsibilities of policymakers is the �scal oversight of their jurisdiction, as local governments provide vital services to residents and businesses like public safety, road maintenance, parks and recreation, among others. This session will provide participants with an overview and better understanding of key sections of a local government budget and will equip them with the tools to ask the right questions about their budgets and revenue sources. Compounding Hazards: Extreme Heat and Droughts 10:30 AM-11:30 AM ET Concurrent Breakout Session Communities across the country are facing severe challenges from the effects of extreme weather — ranging from intense and prolonged heat waves to the resulting impact of droughts. In this session, participants will learn how these extended weather events are evolving, what experts forecast for the coming years, and what policy opportunities and best practices are available to mitigate the effects while increasing regional and community resiliency. Participants will also engage in roundtable discussions to exchange ideas on this critical issue. Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 3 of 12 5/17/2023, 10:32 AMItem 2C-6 The Blockchain Tech Revolution 10:30 AM-11:30 AM ET Concurrent Breakout Session With technology evolvingatan extraordinary pace, it is not always easy to keep up. Since its introduction in 2008, blockchain technology has continued to grow. As our economy becomes increasingly digitized, policymakers must stay knowledgeable on current and emerging trends in this area to best understand how this technology continues to evolve and interact with constituents’ everyday life. This session will provide an overview of blockchain technology and how it is expected to continue to grow and be adopted in thepublic and private sectors. National Leadership Luncheon & Plenary: New York City’s Latino Diaspora 12:00 PM-1:30 PM ET New York City is the largest city in the nation, with a population of over 8.5 million. Given its long history of welcoming immigrants from all over the world, it is no surprise that New York City also has a signi�cant and highly diverse Latino community. The city’s more than 2.5 million Latino residents represent over 20 nationalities. During this plenary session, participants will hear from experts who will discuss the various waves of Latino migration to the city from throughout the Caribbean and Latin America and how these communities have shaped the rich tapestry of New York’s boroughs and neighborhoods as well as its political power dynamics, economy, and culture. NALEO Marketplace and Networking Break 1:30 PM-2:00 PM ET NALEO Service Project 1:30 PM-3:00 PM ET Every year, the NALEO Annual Conference partners with a local nonpro�t organization through our Service Project to give back to the community in the Conference’s host city. In this work, NALEO Educational Fund, Conference participants, and corporate and community partners work to ensure a meaningful impact on the local Latino community. Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 4 of 12 5/17/2023, 10:32 AMItem 2C-7 Securing our Critical Infrastructures 2:00 PM-3:00 PM ET Concurrent Breakout Session The United States faces escalating cyberattacks on critical infrastructure as sophisticated cyber actors and nation-states exploit vulnerabilities in our cyberspace. These threats can affect our economy, public utilities, safety, and public health. Disruptions to our infrastructure can have nationwide implications as we rely on these systems to move goods and people and deliver essential services. Given the growing threat of cyber-attacks and the interconnected nature of the systems they target, it is imperative to implement proactive measures to create safeguards and security. This session will provide participants with an overview of our country's cyber- attack threats, cybersecurity assessments, tools, and resources available to enhance resiliency. Small Businesses and Latino Entrepreneurship 2:00 PM-3:00 PM ET Concurrent Breakout Session According to the U.S. Small Business Administration, nearly one in four new businesses is Latino owned. The country’s nearly �ve million Latino-owned businesses contribute more than $800 billion to the American economy annually. Despite their economic contributions, Latino small businesses face real challenges and often have dif�culty accessing capital to establish and grow their enterprises. During this period of economic uncertainty, it is imperative that policymakers spearhead strategies to help create business environments where Latino entrepreneurs have access to the resources they need. This session will provide participants with an overview of the state of Latino small businesses, highlight the most common challenges Latino entrepreneurs face, and elevate best practices to address their needs. Understanding our Communities: The History of Puerto Rico and the Diaspora 2:00 PM-3:00 PM ET Concurrent Breakout Session The Puerto Rican Community has a historically strong presence in the Northeastern United States, particularly in New York City. During this session, participants will learn about the history of Puerto Rico, the reasons Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 5 of 12 5/17/2023, 10:32 AMItem 2C-8 July 12, 2023 for periods of migration in the United States, and the impact this migration has madeon the Northeast and different regions of the country. Experts will also discuss the current issues affecting Puerto Rico and the Puerto Rican diaspora. Opening Reception: Welcome to the Big Apple! 5:00 PM-7:00 PM ET Breakfast Plenary: Latinas Leading Our Recovery 8:45 AM-10:15 AM ET As the country continues to recover from the pandemic, Latina leaders invarious sectors are at the forefront of rebuilding our economy, workforce, education systems, and communities. This plenary will feature a discussion about the distinct challenges and opportunities these leaders face while highlighting best practices to support the success of future Latina leaders. NALEO Service Project 10:00 AM-12:00 PM ET Every year, the NALEO Annual Conference partners with a local nonpro�t organization through our Service Project to give back to the community in the Conference’s host city. In this work, NALEO Educational Fund, Conference participants, and corporate and community partners work to ensure a meaningful impact on the local Latino community. The Opioid and Fentanyl Crisis in Schools 10:30 AM-11:30 AM ET Concurrent Breakout Session Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 6 of 12 5/17/2023, 10:32 AMItem 2C-9 Fentanyl is a highly potent synthetic opioid which contributed to over 110,000 drug overdose deaths in 2022 alone. Unfortunately, school districts have not been immune to the dangers of fentanyl use by students. In this session, policymakers will have an opportunity to discuss their role in the �ght against the fentanyl and opioid crisis in schools. This session will include health experts and education policymakers discussing strategies to educate, prevent, and intervene to support student well-being. Floods: The Most Common and Costly Weather-Related Disaster 10:30 AM-11:30 AM ET Concurrent Breakout Session Floods cost more human lives and cause more damage to property and the environment than any other severe weather-related event in the United States, with an average cost of $5 billion a year. Even communities in regions outside federally declared �ood zones are experiencing major �oods and are now needing to learn about how to adapt to these new risks. This session will provide participants with an overview of how �ood risks are changing, what experts forecast for the coming years,and what policy opportunities and best practices are available to mitigate the impact of �oods while increasing regional and community resiliency. Participants will also engage in roundtable discussions to exchange and discuss ideasonthis critical issue. Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 7 of 12 5/17/2023, 10:32 AMItem 2C-10 Workforce Development: Local Government is Hiring! 10:30 AM-11:30 AM ET Concurrent Breakout Session Local government workers perform essential functions and deliver critical services to constituents every day. The local government sector is also a major employer and a direct source of economic security for more than 14 million workers across the country. Yet since the Grea t Recession, local governments have experienced declines in employment and challenges in recruiting a new workforce. To address this shortage, policymakers must act to ensure that workers who have unique skills and experience are employed and retained. This session will provide participants with strategies and recommendations for how local governments can curate a sustainable workforce in the long term through investments in hiring, recruitment, training, and compensation. Electri�cation and Growing Alternative Trends 10:30 AM-11:30 AM ET Concurrent Breakout Session Conversations around electri�cation vary across the United States, which is why it is critical for policymakers at all levels of government to understand the opportunities and implementation challenges that electri�cation can have on communities as states and local governments transition to electri�cation alternatives. In this session, experts will facilitate a conversation on electri�cation and what will be needed at various levels of government to establish the infrastructure and workforce required to meet the demand presented by our country’s present and future needs. National Leadership Luncheon & Plenary: Financial Outlook in a Global Economy 12:00 PM-1:30 PM ET As the nation prepares for the next presidential election in 2024, the state of the U.S. economy is sure to command signi�cant attention. In 2023 —high in�ation, rising interest rates, and bank failures lead some experts to believe the economy may be heading into a recession. In addition to the pandemic, it is evident that other factors like war, natural disasters, supply chain disruptions, and an aging workforce in�uence our �nancial outlook. This plenary discussion will provide an overview of the current state of the U.S. economy, discuss the impact this may have on �scal outlooks for state Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 8 of 12 5/17/2023, 10:32 AMItem 2C-11 July 13, 2023 and local governments, and elevate economic strategies that can help strengthen and improve economic resilience. NALEO Marketplace and Networking Break 1:30 PM-2:00 PM ET NALEO Service Project 1:30 PM-3:00 PM ET Every year, the NALEO Annual Conference partners with a local nonpro�t organization through our Service Project to give back to the community in the Conference’s host city. In this work, NALEO Educational Fund, Conference participants, and corporate and community partners work to ensure a meaningful impact on the local Latino community. Latinos Hold the Key to Solving the Housing Crisis 2:00 PM-3:00 PM ET This discussion will address the nation’s housing crisis by following the �ow of capital from U.S. Latinos to the nation’s largest pension funds and institutions. Every two weeks, a growing U.S. Latino population contributes money to the public pension fund system. In return, these funds invest accumulated capital into private equity, real estate, and the stock market. However, for every dollar invested, less than half a penny goes to a Latino money manager. Thus, the capital accumulated by U.S Latinos — with an estimated GDP of 2.7 trillion — seldom ends up in the hands of a growing Latino business sector or under-capitalized communities in need of development. Discussion panelists will include senior practitioners in affordable housing and �nance. Lifetime Membership Networking 3:30 PM-4:30 PM ET This exclusive networking reception for NALEO Lifetime Members will provide an exclusive opportunity to connect and continue to bene�t from the power of #TheNALEONetwork. Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 9 of 12 5/17/2023, 10:32 AMItem 2C-12 Breakfast Plenary: A Conversation with Federal Agency Leaders 9:00 AM-10:00 AM ET Latinos are leading in the country’s highest levels of government by serving in the Biden Administration. This plenary will engage heads of federal agencies to discuss pressing policy issues around migrant and asylum seekers, post-pandemic recovery, and how policymakers can partner with federal agencies on solutions to meet the needs of states and local communities. NALEO Service Project 10:00 AM-12:00 PM ET Every year, the NALEO Annual Conference partners with a local nonpro�t organization through our Service Project to give back to the community in the Conference’s host city. In this work, NALEO Educational Fund, Conference participants, and corporate and community partners work to ensure a meaningful impact on the local Latino community. Let’s Talk About It: Race in America 10:30 AM-11:30 AM ET Concurrent Breakout Session In recent years, issues around race in America have moved to the forefront of our national discourse, often unearthing dif�cult conversations in our communities — and in someinstances —putting us on a path toward healing. Amid this progress, Latinos have had to reckonwith our own community’s history of racism and exclusionary practices. This session will provide participants with a facilitated opportunity to learn from one another and grow while emphasizing communications strategies and other tools to support leaders in dif�cult but necessary conversations with colleagues, constituents, and other stakeholders. The Nuts and Bolts of Budgets: School District 10:30 AM-11:30 AM ET Concurrent Breakout Session As �duciary stewards, school board members and community college Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 10 of 12 5/17/2023, 10:32 AMItem 2C-13 trustees can better serve the needs of students and meet jurisdictional goals when aligning budgets with visions of student outcomes and educational priorities. This session will provide participants with strategies to better understand their district budgets. Discussion leaders will share their experiences with the budget process, elevate best practices for managing the politics of budgets, and highlight ways to maximize budgets to support students. National Leadership Luncheon 12:00 PM-1:00 PM ET NALEO Presidential Forum 1:00 PM-2:00 PM ET As public servants on the front lines of addressing America’s policy challenges, NALEO Members have been key partners with the White House. The NALEO Presidential Forum will provide an opportunity for presidential candidates to address the nation’s Latino elected and appointed leadership and the key policy issues that millions of Latinos will be following during the 2024 presidential campaign. Latino Leadership and Developing Diverse Agendas and Coalitions 2:30 PM-3:30 PM ET The NALEO Network at Work: Charla on Leadership and Best Practices Coalitions with common interests who agree to work together toward common goals — goals as narrow as obtaining funding to improve the delivery of services or as broad as trying to improve overall health outcomes for constituents — are needed now more than ever. However, there are often barriers to starting and sustaining such coalitions. Past experiences may have convinced organizations, individuals, or the community that such collaboration is impossible. During this charla, presenters will lead a discussion on how policymakers can leverage their roles as public servants to lead diverse coalitions in their communities that promote policies to improve people’s lives. Leadership, Compassion Fatigue, and Self-Care 2:30 PM-3:30 PM ET Copyright © 2000-2023 Cvent, Inc. All rights reserved. Event Management Software Mobile Event Apps Survey Software Event Venues Strategic Meetings Management Privacy Policy Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 11 of 12 5/17/2023, 10:32 AMItem 2C-14 The NALEO Network at Work: Charla on Leadership and Best Practices Latino policymakers are expected to provide solutions, support, resources, services, and comfort to their constituents in times of crisis and disaster. Unfortunately, being a public servant during such times can lead to burnout and compassion fatigue. This session is part of our ongoing “Invest in Yourself” series for NALEO Members on wellness and self-care to maintain mental well-being while simultaneously ful�lling leadership responsibilities. During this charla, participants will have a place to share their experiences around the pressures of being a policymaker. In addition, experts will highlight techniques, skills, and resources to practice and prioritize self-care. Newly Elected & Alumni Roundtables 2:30 PM-3:30 PM ET The NALEO Network at Work: Charla on Leadership and Best Practices Investing in relationships offers opportunities to learn from one another, �nd mentors, offer guidance, and get guidance in return! These roundtable discussions will provide recently elected and appointed NALEO Memberswith a space to continue connecting with tenured colleagues on best practices, advice, and lessons learned as policymakers. Agenda - NALEO 40th Annual Conference https://web.cvent.com/event/84522281-6f7d-4ee5-ade8-78efc90dc777/... 12 of 12 5/17/2023, 10:32 AMItem 2C-15 Item 2C-16 Item 2C-17 Item 2C-18 Item 2C-19 Item 2C-20 Item 2C-21 Item 2C-22 Item 2C-23 Item 2C-24 Item 2C-25 Item 2C-26 Item 2C-27 Item 2C-28 Item 2C-29 Item 2C-30 Item 2C-31 Item 2C-32